Time is of essence in a contract for sale of goods:
A. The statement is absolutely correct
B. The statement is governed by the agreement between the parties
C. The statement would be determined from the nature of the agreement and the conduct of the parties
D. The statement is incorrect in the eyes of law
Select an option to see the answer and solution.
Which of the following is not a necessary ingredient of contract of sale?
A. Simultaneous delivery of goods and payment for goods
B. Acceptance
C. Consideration
D. Offer
Select an option to see the answer and solution.
Transfer or agree to transfer the . . . . . . . of the goods is the purpose of sale of goods Act
A. Property
B. Possession
C. Value
D. Usage
Select an option to see the answer and solution.
Where the goods are not specific and ascertained at the time of the making of the contract, the contract can be
A. Contract of sale
B. Agreement to sell
C. Either (A) or (B)
D. Neither (A) nor (B)
Select an option to see the answer and solution.
For passing of property in goods under section 23 of the Sale of Goods Act, 1930, the goods
A. Must be in a deliverable state
B. The seller is to do something to put the goods in a deliverable state
C. The buyer is to do something for ascertaining the price
D. The seller is to do something for ascertaining the price
Select an option to see the answer and solution.
Which of the following rights of an unpaid-seller can be exercised only when the buyer has become insolvent and not otherwise;
A. Right of lien
B. Right of Re-sale
C. Right of Stoppage in transit
D. Right to Sue
Select an option to see the answer and solution.
In a Sale by sample, the implied condition is
A. The bulk of goods will correspond with sample
B. The buyer shall have a reasonable opportunity of comparing the bulk with sample
C. That the goods shall be free from any latent defect
D. All the above
Select an option to see the answer and solution.
Under section 2(14) of the Sale of the Goods Act, 1930, 'specific goods' means
A. Goods which are capable of identification
B. Generic goods
C. Goods identified and agreed upon
D. Either (A) or (C)
Select an option to see the answer and solution.
The implied condition as to fitness of goods for a particular purpose provided under 16(1) of the Sale of Goods Act, 1930 applies
A. Where the buyer relies on his own judgment
B. Where the buyer relies on the judgment of the manufacture or dealer and also places reliance on other things
C. Where the buyer relies on the judgment of the manufacture or dealer to the exclusion of any reliance on anything else
D. Where the buyer relies on the judgment of the manufacture or dealer irrespective of whether he places reliance on anything else or not
Select an option to see the answer and solution.
The Sale of Goods Act, 1930 in its operation is
A. Prospective
B. Retrospective
C. Prospective in cert-in respects and retrospective in certain other respects
D. Only (C) and not (A) or (B)
Select an option to see the answer and solution.
A term in the contract of sale of goods expressly excluding warranty, by virtue of section 13 of the Sale of Goods Act, 1930
A. Affects the buyer's right to recover damages for a breach of a condition absolutely
B. Does not affect the buyer's right to recover damages for the breach of a condition
C. Affects the buyer's right to recover damages for the breach of a condition but only in certain respects and not absolutely
D. Only (A) and not (B) or (C)
Select an option to see the answer and solution.
The buyer of goods is liable for damages on wrongful refusal to accept the goods by virtue of
A. Section 55 of the Sale of Goods Act, 1930
B. Section 56 of the Sale of Goods Act, 1930
C. Section 57 of the Sale of Goods Act, 1930
D. Section 58 of the Sale of Goods Act, 1930
Select an option to see the answer and solution.
Which of the following is true as regards delivery of goods in instalments as provided under Sale of Goods Act:
A. The buyer is bound to accept the instalment deliveries only in case of perishable goods
B. The buyer is bound to accept the instalment deliveries only in case of sale of goods by description
C. The buyer is bound to accept the instalment deliveries only if agreed between the parties
D. Delivery of goods can't be made in instalments
Select an option to see the answer and solution.
Where a third party is prevented from making the valuation of goods, as price to be paid by the buyer to the seller, by a party to the agreement, under section 10 of the Sale of Goods Act, 1930, the other party has a right to
A. Sue for specific performance
B. Sue for damages
C. Both (A) and (B)
D. Either (A) or (B)
Select an option to see the answer and solution.
Under section 29 of the Sale of Goods Act, 1930, a sale of goods by a person in possession of goods under a voidable contract, can pass a valid title to the buyer
A. Where at the time of sale the contract has not been rescinded
B. Where at the time of sale the contract has been rescinded
C. Irrespective of whether at the time of sale the contract has been or has not been rescinded
D. Where at the time of sale the person retains the possession even after rescission of the contract
Select an option to see the answer and solution.
In sale the transfer of property in goods from the seller to the buyer takes place
A. At the end of contract
B. Immediately
C. In a future Date
D. Both A and B
Select an option to see the answer and solution.
The proviso to sub-section (1) of section 16 of the Sale of Goods Act, 1930
A. Applies to section 16(2)
B. Does not apply to section 16(2)
C. May apply or may not apply to section 16(2) depending on the facts & circumstances of the case
D. May or may not apply to section 16(2) depending on the agreement between the parties
Select an option to see the answer and solution.
A contract of sale is a contract of sale by sample:
A. Only when there is a an express term in the contract to that effect
B. Only when there is an implied term in the contract to that effect
C. When there is an express or implied term in the contract to the effect
D. Irrespective of whether the contract contains a term for that effect or not
Select an option to see the answer and solution.
Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at the time when the:
A. Parties intend the property in goods to pass
B. Contract is entered into
C. Price is paid
D. Delivery of goods has been made
Select an option to see the answer and solution.
The expression 'course of dealing' between the parties in section 62 of the Sale of Goods Act, 1930, means
A. Present dealings between the parties
B. Past dealings between the parties
C. Further dealings between the parties
D. Either (A) or (B) or (C)
Select an option to see the answer and solution.