By virtue of section 35 of the Sale of Goods Act, 1930
A. The seller of goods is bound to deliver the goods without the buyer applying for the same
B. The seller of goods is bound to deliver the goods only on payment of price of the goods
C. The seller is not bound to deliver the goods until the buyer applies for the delivery
D. The buyer is not supposed to apply to the seller for the delivery of goods
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Whether goods in transit can be stopped by unpaid seller, after agreeing to receive price later on, when the buyer becomes insolvent?
A. No
B. Yes
C. Yes, by injunction from court
D. None of the above
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To the buyer, in a suit for the refund of the price where there is a breach of contract of sale of goods on the part of the seller, under section 61 of the Sale of Goods Act, 1930, the court can award interest to the buyer, from
A. The date on which the payment was made
B. The date on which the breach was committed
C. The date on which the contract was to be performed
D. Either (A) or (B) or (C)
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In which of the following cases an unpaid seller who has parted with the possession of the goods has the right of stopping such goods in transit:
A. When the buyer of goods has been declared as a person of unsound mind
B. When the buyer of goods has been has been sentenced to imprisonment for a term of more than six months under any law
C. When the buyer of goods has been declared as an insolvent
D. When the buyer of goods has been sentenced to imprisonment for a term of more than two years under any law
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Which of the following is provided under Section 9 of the Sale of Goods Act, 1930?
A. Ascertainment of price
B. Conditions and warranties
C. Agreement to sell
D. All of the above
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The formalities attending the transfer of property in goods, under the conflict of laws, shall be governed by
A. Lex situs
B. Lex contractus
C. Lex fori
D. Locus regit actum
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Payment and delivery under Sale of Goods Act, 1930 is
A. Implied Condition
B. Express Condition
C. Concurrent Condition
D. May be implied Condition or Express Condition
E. None of the above
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As per the provisions of Sale of Goods Act, 1930 which of the following is not a consequence of delivery of wrong quantity ofgoods to the buyer:
A. Where the seller delivers less than the contracted quantity the buyer may reject the same
B. Where the seller delivers more than the contracted quantity, the buyer can only reject the goods not included in the contract
C. Where the seller delivers the contracted goods mixed with the goods of a different description, the buyer can reject the goods of different description or may reject the whole of the goods
D. Where the seller delivers more than the contracted quantity, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate
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Where an unpaid seller has made part delivery of the goods, section 48 of the Sale of Goods Act, 1930 provides that the right of lien can be exercised in respect of
A. The goods delivered
B. The remainder goods
C. The entire goods including the remainder
D. Neither the goods delivered nor the remainder
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When the buyer chooses to treat a breach of a condition as a breach of warranty, then the buyer may:
A. Repudiate the contract
B. Reject the goods
C. Ask for indemnification
D. Set up against the seller the breach of warranty in diminution or extinction of the price or can sue the seller for damages
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When does the property in the goods pass to the buyer in case of a contract for the sale ofunascertained or future goods by description:
A. When the goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller or by the buyer with the assent of each other
B. When the goods of that description and in a deliverable state are conditionally appropriated to the contract either by the seller or by the buyer with the assent of each other
C. When the goods of that description and in a non-deliverable state are conditionally appropriated to the contract either by the seller or by the buyer with the assent of each other
D. When the goods of that description and in a non-deliverable state are unconditionally appropriated to the contract either by the seller or by the buyer with the assent of each other
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In the Contract of Sale, there is an implied warranty that:
A. Seller has a right to sell the goods
B. The buyer has the right to have and enjoy the quiet possession of goods only
C. The goods shall be free from any charge or encumbrance
D. The buyer has the right to have and enjoy the quiet possession of goods and that the goods shall be free from any charge or encumbrance
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Which of the following is not a feature of hire purchase agreement?
A. Hirer has the option to purchase the goods at the end of payment of instalments
B. Property in goods passes when the last hire purchase instalment is paid
C. Hire purchase agreement is not treated as bailment
D. Possession of property is passed to the hirer at the time of agreement
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Under section 61 of the Sale of Goods Act, 1930, interest can be awarded
A. When there is a provision in the contract for the award of interest
B. In the absence of a provision in the contract for the award of interest
C. Neither when there is a provision in the contract nor in the absence of a provision in the contract for the award of interest
D. When there is a provision in the contract and even in the absence of a provision in the contract for the award of interest
Select an option to see the answer and solution.
Section 11 of the Sale of Goods Act, 1930 lays down
A. Stipulation as to time of payment and other stipulations as to time are of the essence of the contract
B. Stipulations as to time of payment and other stipulations as to time are not of the essence of the contract
C. Stipulations as to the time of payment are not of the essence of the contract and other stipulations as to time are of the essence of the contract or not depends on the terms of the contract
D. Stipulations as to the time of payment are of the essence of the contract or not depends on the terms of the contract and other stipulations as to time are not of the essence of the contract
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The term 'delivery' has been defined, in the Sale of Goods Act, 1930 under
A. Section 2(3)
B. Section 2(2)
C. Section 2(1)
D. Section 2(4)
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Where no price is fixed in a contract of sale of goods, under section 9 of the Sale of Goods Act, 1930
A. The buyer shall pay the maximum price
B. The buyer shall pay the lowest price
C. The buyer shall pay a reasonable price
D. The buyer shall pay the price as demanded by the seller
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The statutory power of re-sale of goods under section 54(2) of the Sale of Goods Act, 1930, arises
A. Where the property in goods has passed to the buyer subject to the lien of the unpaid seller
B. Where the property in goods has passed to the buyer without the lien of the unpaid seller
C. Where the property in goods has not passed to the buyer
D. Either (A) or (B) or (C)
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The propositions are
1. The general property in goods can be with one person while the special property in the same goods be with the another person.
2. The transfer of general property in goods to one person can be done subject to a special property in the same goods in another person.
3. The special property in goods can be only with the person having general property in goods.
In respect of the aftersaid proposition which of the following is true
A. 1 is correct, 2 and 3 are incorrect
B. 1 and 2 are correct, 3 is incorrect
C. 1 and 3 are correct, 2 is incorrect
D. 2 and 3 are correct, 1 is incorrect
Select an option to see the answer and solution.
Section 6 of the Sale of Goods Act, 1930 recognises exceptions to the general rule of caveat emptor enunciated in the first para of the section
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