Which of the following section provides for 'termination of lien'
A. Section 49
B. Section 50
C. Section 51
D. Section 52
Select an option to see the answer and solution.
Out of the following persons which of the following does not come under the definition of the "unpaid seller" as per Chapter V of Sale of Goods Act:
A. A seller to whom the whole of the price has not been paid or tendered
B. A seller to whom more than half of the price has been paid or tendered
C. A seller who has received a bill of exchange as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise
D. A seller who has received a negotiable instrument as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise
Select an option to see the answer and solution.
A contract of sale of goods, on goods having been damaged/perished subsequent to the formation of the contract under section 8 of the Sale of Goods Act, 1930, can be avoided
A. Before the property in goods has passed to the buyer
B. After the property in goods has passed to the buyer
C. At any time irrespective of whether the property in goods has passed to the buyer or not
D. Only (B) not (A) or (C)
Select an option to see the answer and solution.
In cases of goods sent on approval or 'on sale or return' basis under section 24 of the Sale of Goods Act, 1930, the goods are at
A. The original owner's risk if perish by inevitable accident
B. The risk of the person in whose possession the goods are at the time when they perished by inevitable accident
C. The risk of the person to whom the goods are so sent if they person by inevitable accident
D. Either (B) or (C)
Select an option to see the answer and solution.
In Gherulal Parekh v. Mahadeo Das Maiya & Other, AIR 1959 SC 781, it has been held that wagering contracts are
A. Opposed to public policy
B. Immoral
C. Both opposed to public policy and immoral
D. Neither opposed to public policy nor immoral
Select an option to see the answer and solution.
Between the finder and the owner of the good there is no contract, but
A. The finder of the goods has the right to sue the owner for compensation for the expenses voluntarily incurred by him to preserve the goods and to find out the owner
B. The finder can mix goods found by him with his own goods
C. The finder cannot sell the goods found by him under any circumstances
D. The finder of the goods is subject to the same responsibility as that of a Bailee
Select an option to see the answer and solution.
A contract of sale may be made:
A. A in writing or by word of mouth
B. Partly in writing of partly by word of mouth
C. By the implied conduct of parties
D. All of the above
Select an option to see the answer and solution.
The word "Property" in the Sale of Goods Act, 1930 means
A. Seller or transferer
B. Buyer or purchaser
C. Goods or subject matter
D. Ownership or title
Select an option to see the answer and solution.
It has been remarked that the Sale of Goods Act has not proved one of the more successful pieces of codification undertaken by the Parliament, by
A. P. S. Atiyah
B. S. K. Kapoor
C. Pollock & Mulla
D. Justice Goda Raghuram
Select an option to see the answer and solution.
The implied condition as contained in section 16(2) of the Sale of Goods Act, 1930, applies to
A. Sale of goods by description only
B. Sale of goods under a patent or other trade name
C. Both (A) and (B)
D. Only (A) and not (B)
Select an option to see the answer and solution.
Under section 5 of the Sale of Goods Act, 1930, a contract of sale of goods can be
A. In writing
B. By words of mouth
C. Partly in writing and partly by words of mouth
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.
In an auction sale of goods, if the seller makes use of pretended bidding to raise the price, under section 64 of the Sale of Goods Act, 1930, the sale is
A. Valid
B. Voidable at the instance of the buyer
C. Voidable at the instance of any of the bidders
D. Void
Select an option to see the answer and solution.
A commissions B to paint a portrait of him at a price of Rs. five thousand and supplies to B painting material. What is the nature of transaction?
A. Contract of sale
B. Contract for work and labour
C. Agreement to sell
D. Hire purchase agreement
Select an option to see the answer and solution.
When the specific goods which are subject matter of the contract under the Sales of Goods Act have perished prior to making of the contract then contract can be enforced against alternative goods because the contract of sale of goods is otherwise valid.
A. No, the contract of sale of specific goods cannot be enforced because goods have already perished without the knowledge of the seller at the time of contract, and then the contract of sale itself is void as per Section 7 of the Sale of Goods Act
B. Though ordinarily the contract of the sale cannot be enforced against alternative goods instead of the contracted goods which have perished but the alternative goods can be received by the buyer from the seller if the value of the specific goods is less than Rs. 100/-
C. If the specific goods have perished before making of the contract, and this was a fact already known to the buyer but not the seller, then contract is not void with respect to claim of the buyer for alternative goods
D. A contract for sale of specific goods which have perished prior to the entering into of the contract for sale, will be void and can be enforced against alternative goods only if the buyer has possession of the alternative goods
Select an option to see the answer and solution.
Under section 22 of the Sale of Goods Act, 1930, the property in specific goods in deliverable state passes to the buyer
A. When the seller does everything for the purposes of ascertaining the price
B. When the seller does everything for the purposes of ascertaining the price and the buyer has notice thereof
C. When the seller does everything for the purposes of ascertaining the price, the buyer has notice thereof and pays the price
D. When the seller does everything for the purposes of ascertaining the price, the buyer has notice thereof and the goods are actually delivered to the buyer
Select an option to see the answer and solution.
Section 8 of the Sale of Goods Act, 1930 deals with cases of
A. Impossibility of performance of the contract before the formation of the contract
B. Impossibility of performance of the contract at the time of formation of the contract
C. Impossibility of performance of the contract subsequent to the formation of the contract
D. All the above
Select an option to see the answer and solution.
Under section 51 of the Sale of Goods Act, 1930, the transit of goods comes to an end
A. Where the buyer obtains delivery of goods from the carrier at the appointed destination
B. Where the buyer obtains delivery of goods from the carrier before reaching the appointed destination
C. Where the buyer obtains delivery of goods from the carrier either before the goods reach the appointed destination or at the appointed destination
D. Where the buyer obtains the delivery of goods from the carrier at the appointed destination only and not before reaching the appointed destination
Select an option to see the answer and solution.
In contract of sale the payment of price is . . . . . . . to the transfer of property in goods
A. Concurrent
B. Important
C. Mandatory
D. Immaterial
Select an option to see the answer and solution.
The rule of estoppel as contained in section 27 of the Sale of Goods Act, 1930 is on the principle of
A. Lickbarrow v. Mason, (1787) 102 ER 1192
B. Woodley v. Conventary, (1863) 159 ER 68
C. Cole v. North Western Bank, (1875) 10 CP 334
D. Gregg v. Wells, (1839) 113 ER 35
Select an option to see the answer and solution.
Where a buyer who purchased a motor car and used the same for some time but was forced to surrender the same to the true owner, owing to seller's defect of title, is entitled to
A. Damages only
B. Recover the full price paid as on a total failure of consideration
C. Either (A) or (B)
D. Only (A) and not (B)
Select an option to see the answer and solution.
