In case of delivery of goods in installments the buyer
A. Is not bound to accept delivery by instalments
B. Is bound to accept the delivery by instalments
C. Instalment delivery not contemplated in Sale of Goods Act, 1930
D. None of above
Select an option to see the answer and solution.
In which of the following contracts, the payment of price and delivery of goods are not concurrent conditions
A. c.i.f. contracts
B. A sale on credit
C. Both (A) and (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
The doctrine of Caveat Emptor does not apply:
A. When the buyer intimates to the seller the purpose for which he requires the goods and depends upon the skill and judgment of the seller for his purchase
B. When there is custom or usage of trade due to which there is an implied warranty or condition as to quality or fitness for a particular purpose
C. Where the consent of the buyer is obtained by the seller by fraud
D. All of the above
Select an option to see the answer and solution.
In case of sale of goods by description under section 15 of the Sale of Goods Act, 1930, the implied condition is that
A. The goods shall correspond with the sample
B. The goods shall correspond with the description
C. The goods shall correspond with either the sample or the description
D. The goods shall correspond with both the sample and the description
Select an option to see the answer and solution.
The term 'mercantile agent' as used in section 27 of the Sale of Goods Act, 1930, has been defined under
A. Section 2(7)
B. Section 2(9)
C. Section 2(8)
D. Section 2(11)
Select an option to see the answer and solution.
The breach of warranty gives a right to claim
A. Damages but not to a right to reject the goods and treat the contract as repudiated
B. Right to reject the goods only
C. Right to treat the to contract repudiated
D. New goods
Select an option to see the answer and solution.
The definition of 'goods' under section 2(7) of the Sale of Goods Act, 1930 is
A. Descriptive
B. Exhaustive
C. Exhaustive and descriptive
D. Declaratory
Select an option to see the answer and solution.
In a merchantile contract, stipulation as to time
A. Cannot be waived
B. Can be waived with the consent of both parties
C. Can be waived by the party in whose favour they are inserted
D. Either (B) or (C)
Select an option to see the answer and solution.
Which of the following cannot be treated as 'Delivery' under the Sale of Goods Act, 1930:
A. Doing anything which has the effect of putting goods in possession of legal representatives of seller
B. Doing anything which has the effect of putting goods in possession of any person authorised by the buyer
C. Doing anything which has the effect of putting goods in possession of the buyer
D. Doing anything which the parties agree to be treated as delivery
Select an option to see the answer and solution.
Where the seller ships the goods but takes the bill of lading in his own name at buyer's place, under section 25 of the Sale of Goods Act, 1930, in such a situation, the seller
A. Has reserved jus disponendi
B. Has not reserved jus disponendi
C. Has the option to reserve jus disponendi
D. May or may not have reserved jus disponendi
Select an option to see the answer and solution.
Where the transfer of the property in the goods is to take place at a future time or subject to some condition, then such contract is called:
A. An agreement to sell
B. A contract to Sale
C. Future Contract
D. Conditional contract
Select an option to see the answer and solution.
The breach of a 'warranty' in a contract of sale of goods, under section 12 of the Sale of Goods Act, 1930, gives
A. The right to claim for damages
B. The right to reject the goods
C. The right to repudiate the contract
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
Under section 47 of the Sale of Goods Act, 1930, right of lien is available to the unpaid seller in possession of goods, where
A. The buyer has become insolvent
B. The goods were sold without any stipulation as to credit
C. the term of credit has expired for goods sold on credit
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
Section 27 of the Sale of Goods Act, 1930 provides for
A. Transfer of risk in goods
B. Transfer of title in goods
C. Transfer of property in goods
D. All the above
Select an option to see the answer and solution.
The circumstances under which breach of a condition can be treated as a breach of warranty have been enumerated in the Sale of Goods Act, 1930, under
A. Section 16
B. Section 15
C. Section 14
D. Section 13
Select an option to see the answer and solution.
For the application of section 21 of the Sale of Goods Act, 1930, the act to be done by the seller shall not be
A. For the purpose of putting the goods in a deliverable state
B. For some other collateral purposes
C. Either (A) or (B)
D. Both (A) and (B)
Select an option to see the answer and solution.
The time of payment can be of the essence of the contract, under section 11 of the Sale of Goods Act, 1930
A. By operation of law
B. By agreement between the parties
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
In a contract of sale of goods conditions and warranties may be:
A. Express
B. Implied
C. Either (A) or (B)
D. None of the above
Select an option to see the answer and solution.
A stipulation essential to main purpose of contract, the breach of which gives an aggrieved party right to repudiate the contract is known as:
A. Warranty
B. Implied warranty
C. Condition
D. Contingent contract
Select an option to see the answer and solution.
In which of the following cases, it was held that 'inherent power has not been conferred on a court, it is a power inherent in a court'?
A. Rajani Bai v. Kamla Devi
B. Manohar Lal v. Seth Hiralal
C. Cotton Corporation of India v. United Industrial Bank
D. Satyabrata Biswas v. Kalyan Kumar Kisku
Select an option to see the answer and solution.