Unpaid seller's right to stoppage in transit comes into existence, as provided under Section 50 of the Sale of Goods Act, 1930, when the seller
A. Is in possession of the goods
B. Has parted with the goods but the buyer has not yet obtained the possession of the goods
C. Has parted with the possession of the goods and the buyer has obtained the possession thereof
D. All of the above
Select an option to see the answer and solution.
In which of the following cases, transit of goods is not deemed to be at an end:
A. When the goods are rejected by the buyer and the carrier or bailee continues in possession of goods
B. When the buyer or his agent in that behalf obtains delivery of goods before their arrival at the appointed destination
C. When goods are in the possession of the carrier or bailee on buyer's behalf after their arrival at the appointed destination
D. When the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent
Select an option to see the answer and solution.
Where the seller re-sells the non-perishable goods without notice of his intention to resell the goods to the buyer, under section 54(2) of the Sale of Goods Act, 1930
A. The seller is entitled to the profits on resale but cannot claim damages from the buyer
B. The seller is not entitled to the profits on re-sale but can claim damages from the buyer
C. The buyer is entitled to the profits on resale and not liable for damages
D. The buyer is neither entitled for the profits or re-sale nor liable for damages
Select an option to see the answer and solution.
Section 7 of the Sale of Goods Act, 1930 is applicable
A. Where the goods which are the subject-matter of sale are perished or damaged after the contract of sale
B. Where the goods which are the subject-matter of sale are perished or damaged before the contract of sale
C. Either (A) or (B)
D. Neither (A) or (B)
Select an option to see the answer and solution.
Under section 16 of the Sale of Goods Act, 1930, any condition or warranty that may arise under any other provision of the Sale of Goods Act, 1930, or any other law is
A. Saved
B. Not saved
C. May or may not be saved depending on the facts & circumstances of the case
D. May or may not be saved depending on the express agreement between the parties
Select an option to see the answer and solution.
Is it correct that in a contract of sale of goods under the Sale of Goods Act if the goods received are not as per the terms of the contract then the buyer in all cases has no liability to pay for the goods which are received by him from the seller?
A. Yes, he is not liable because no buyer can be imposed a liability for receiving contracted goods
B. Yes, he is not liable till he gives intimation in writing of acceptance
C. Yes, he is not liable if he has intimated to the seller within reasonable time that the goods have been rejected
D. No, he is liable because of the principle "buyer beware"
Select an option to see the answer and solution.
Section 36(5) of the Sale of Goods Act, 1930, provides for
A. The liability of the buyer for the expenses of and incidental to putting the goods in a deliverable state
B. The liability of the seller for the expenses of and incidental to putting the goods in a deliverable state
C. Both (A) and (B)
D. Either (A) and (B)
Select an option to see the answer and solution.
For the purposes of Sale of Goods Act which of the following is not included within the definition of 'goods'?
A. A table fan
B. Growing crops
C. Actionable claim
D. Shares
Select an option to see the answer and solution.
Under section 15 of the Sale of Goods Act, 1930, if the goods are not in accordance with the description of goods in the contract, the buyer is
A. Entitled to reject the goods if the property in goods has not passed to the buyer
B. Not entitled to reject the goods if the property in goods has passed to the buyer
C. Entitled to reject the goods if the property in goods has passed to the buyer
D. Entitled to reject the goods irrespective of whether the property in goods has passed to the buyer or not
Select an option to see the answer and solution.
The law relating to transfer of title of goods under the Sale of Goods Act, 1930 has been provided under
A. Sections 19 to 26
B. Sections 27 to 30
C. Sections 12 to 18
D. Sections 31 to 36
Select an option to see the answer and solution.
In which of the following cases, the right of stoppage in transit of the unpaid seller has not come to an end
A. Where the goods in possession of the carrier were destroyed by the fire in mid way before reaching the destination and kept in the godown of the carrier
B. Where the endorsee of a railway receipt from the buyer paid the freight and loaded the goods in his vehicle but has not left the station yard
C. Where the carrier on reaching the destination enters into an agreement with the buyer to hold the goods as agent of the consignee
D. All the above
Select an option to see the answer and solution.
Under section 62 of the Sale of Goods Act, 1930, the implied terms and conditions in a contract of sale provided under the Act, can
A. Be excluded by an express agreement
B. Be excluded by an implied agreement
C. Be excluded by an express or implied agreement
D. Not be excluded either by express or implied agreement
Select an option to see the answer and solution.
Section 2(2) of the Act defines 'Delivery' of the goods as:
A. Involuntary transfer of possession of goods from one person to another
B. Voluntary transfer of possession of goods from one person to another
C. Transfer of goods from one person to another by the operation of law
D. Both (A) and (B)
Select an option to see the answer and solution.
The definition of 'goods' as given in section 2(7) of the Sale of Goods Act, 1930, is the same as given
A. Of movable property under the General Clauses Act, 1897
B. Of movable property under the Transfer of Property Act, 1882
C. Of movable property under the Indian Contract Act, 1872
D. Neither (A) nor (B) nor (C)
Select an option to see the answer and solution.
A wagering contract is not
A. Forbidden by law
B. Void
C. Unenforceable
D. Neither (A) nor (B) or (C)
Select an option to see the answer and solution.
Examination of goods at the place of delivery does not bar
A. The right to reject the goods on second examination as regards patent defects
B. The right to reject the goods on second examination as regards latent defects
C. Both (A) and (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
Articles of a company can be altered by
A. The directors of the company
B. The official of the company
C. Share holders by passing an ordinary resolution
D. Share holders by passing a special resolution
Select an option to see the answer and solution.
In a conditional contract of sale of goods, a condition inserted for the benefit of one party is waived by that party, and that party
A. Cannot insist upon that condition in future
B. Can insist upon that condition in future as a matter of right
C. Can insist upon that condition in future only if that party gives a reasonable notice of such intention to the other party
D. Only (A) and not (B) or (C)
Select an option to see the answer and solution.
In a sale of goods, condition is . . . . . . . .
A. Limit on the price
B. Limit on the quantity
C. Stipulation essential to the main purpose of contract
D. None of the above
Select an option to see the answer and solution.
Nemo dat quod non habet (no man can confer a better title than that which he himself has) is an established principle of:
A. Rule of transfer of property
B. Rule of Law of Torts
C. Rule of Law of crimes
D. Rule of contract
Select an option to see the answer and solution.
