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Business Law 2nd Edition Tejpal Sheth - Solutions
The goods sold to the buyer should be delivered at(i) the specified place. (iii) the place of buyer’s choice.(ii) the place of seller’s choice. (iv) either (ii) or (iii).
Transfer of documents of title to the goods sold to the buyer amounts to(i) actual delivery. (iii) constructive delivery.(ii) symbolic delivery. (iv) none of the above.
Delivery of the godown keys where the goods are lying to the buyer is an example of(i) actual delivery. (iii) symbolical delivery.(ii) constructive delivery. (iv) forward delivery.
When the seller causes a change in the possession of goods without any actual change in their actual and visible custody, it is a case of(i) actual delivery. (iii) symbolical delivery.(ii) constructive delivery. (iv) forward delivery.
When the goods are physically handed over to the the buyer, it is a case of(i) actual delivery. (iii) symbolical delivery.(ii) constructive delivery. (iv) general delivery.
A general rule says that the delivery and the payment of price are ............. conditions.(i) subsequent. (iii) concurrent.(ii) consequent. (iv) relevant.
A finder of goods has the power to sell the goods when lawful charges in preserving the goods amount to at least ...... of the value of the goods found.(i) one-half. (iii) two-third.(ii) one-third. (iv) three-fourth.
A finder of goods has the power to sell the goods when(i) the owner cannot be found out.(ii) the owner can be found out.(iii) the finder donot want to find the owner.(iv) either (ii) or (iii).
Where the contract is for the sale of divisible lot of specific goods and only a part of the goods is destroyed, the contract ……(i) becomes void. (iii) becomes illegal.(ii) is valid for remaining part. (iv) becomes voidable.
Which of the following is incorrect?(i) Generally, the property in the ascertained goods is transferred to the buyer at such time as the parties intend it to be transferred.(ii) Contingent goods are type of future goods.(iii) All of the above.(iv) None of the above.
Where delivery has been delayed through the fault of either the buyer or the seller is liable for any loss to goods.(i) buyer. (iii) party at fault.(ii) seller. (iv) party not in fault.
Risk passes with(i) ownership. (iii) verification of goods.(ii) completed agreement. (iv) payment of price.
In case of sale on ‘sale or return’ basis, the property passes to the buyer when(i) buyer retains the goods for more than the contract-stipulated time.(ii) buyer rejects the goods with in a reasonable time.(iii) neither (i) nor (ii).(iv) both (i) and (ii).
Which of the following statements is incorrect in relation to ‘sale on approval’?(i) The seller cannot ask for the return of the goods sold.(ii) The seller cannot recover the price, if the goods are not returned within a reasonable time.(iii) The seller can recover the price, if the goods are
In case of sale on approval basis, property passes to the buyer when(i) buyer accepts the goods.(ii) buyer does any act adopting the transaction.(iii) buyer retains the goods beyond the stipulated time or reasonable time, without giving notice of rejection.(iv) all of the above.
Where the specific goods are in a deliverable state but the seller has to do some act to ascertain the price, the property in the goods is transferred to the buyer when the(i) seller does that act. (iii) both (i) and (ii).(ii) buyer comes to know about the same. (iv) buyer takes the delivery of
For the passing of property in goods, the goods should be in a(i) deliverable state. (iii) consumable state.(ii) non-deliverable state. (iv) packed.
The process of identifying the goods and setting apart is called(i) identification. (iii) ascertainment.(ii) procurement. (iv) allocation.
‘Caveat Emptor’ means(i) buyer must take care. (iii) seller must take care.(ii) buyer must take a chance. (iv) seller must take a chance.
Which of the following is correct?(i) Disclosure of dangerous nature of goods is an implied condition in a contract of sale.(ii) Generally, there is no implied condition as to quality or fitness of goods for any particular purpose of the buyer.(iii) A warranty may be treated as condition under
In a contract of sale of goods, the implied condition as to wholesomeness applied to ….(i) drug. (iii) clothes.(ii) food. (iv) jewelry.
A purchased a hot water bottle from a chemist. The bottle burst and injured his wife. The chemist is liable on account of(i) breach of express condition as to quality.(ii) breach of implied condition as to quality.(iii) personal injury caused to the buyer’s wife.(iv) breach of implied warranty as
In case of conflict between the express conditions and the implied conditions, which one of them shall prevail(i) implied conditions. (iii) neither of them.(ii) express conditions. (iv) new terms imposed by court.
A agreed to sell 100 per cent cotton shirt by sample. The shirt delivered was equal to sample but not of cotton. What are the Buyer’s rights?(i) Reject the goods. (iii) Reclaim the price paid.(ii) Claim for damages. (iv) All of the above.
There is an that the goods shall be free of any charge in favour of any third party.(i) implied warranty (iii) express condition(ii) implied condition (iv) express warranty
When the buyer’s right of quiet possession of goods is affected by the seller’s fault, the buyer can(i) reject the goods. (iii) repudiate the contract.(ii) claim for damages. (iv) all of the above.
Breach of a ‘Warranty’ in a contract of sale of goods, gives the right to(i) reject the goods. (iii) repudiate the contract.(ii) claim for damages. (iv) all of the above.
The breach of a ‘Condition’ in a contract of sale of goods gives the right to(i) cancel the contract. (iii) either (i) or (ii).(ii) claim for damages. (iv) both (i) and (ii).
Warranty in a contract of sale, constitute stipulation with reference to(i) time. (iii) goods.(ii) price. (iv) delivery.
Condition in a contract of sale, constitute stipulation with reference to(i) time. (iii) goods.(ii) price. (iv) delivery.
If a price is not determined by the parties in a contract of sale, the buyer is bound to pay(i) the price demanded by the seller.(ii) a reasonable price.(iii) the price which the buyer thinks is reasonable.(iv) either (i) or (ii) or (iii) whichever is less.
Which of the following statements is incorrect?(i) A contract of sale may be implied.(ii) A contract of sale must be made in a particular mode, as prescribed by any law.(iii) A contract of sale cannot be partly in writing and orally.(iv) A contract of sale may be made in writing or orally.
A mechanic while repairing car supply of the spare parts required for such repairs. It is(i) a contract of sale. (iii) a contract for work and skill.(ii) an agreement to sell. (iv) hire-purchase.
In a contract of sale where goods lie with the seller, the risk of loss of goods remains with the(i) insurance company. (iii) seller only.(ii) buyer only. (iv) buyer and seller equally.
A agreed to sell old rare coins to B at ` 300 per coin. It is a(i) void contract. (iii) voidable contract.(ii) valid contract. (iv) none of the above.
Which of the following is correct?(i) In a hire-purchase agreement, the buyer may either buy or return the goods.(ii) Hire-purchase agreement must be written.(iii) Hire-purchase agreement is governed by the Hire-purchase Act.(iv) all of the above.
Gift of goods is not a sale as the following essential elements of sale is missing(i) capacity of party. (iii) price.(ii) lawful consideration. (iv) all of the above.
The price of goods may be fixed(i) under the contract of sale. (iii) by course of dealing between the parties.(ii) by manner provided in the contract of sale. (iv) all of the above.
The goods which are to be produced by the seller after the contract of sale is made are known as(i) contingent goods. (iii) future goods.(ii) unascertained goods. (iv) none of the above.
The term ‘Contingent Goods’ means(i) goods, the acquisition of which depends upon a contingency.(ii) goods which are not capable of identification.(iii) goods which may not be sold.(iv) goods the acquisition of which does not depend upon any contigency.
Under the Sale of Goods Act, ‘Existing Goods’ means(i) goods which are already manufactured before the contract made.(ii) goods which are to be manufactured after making the Contract of Sale.(iii) both (i) and (ii).(iv) goods which come into being, upon the happening of a contingency.
The word ‘Property’ in the Sale of Goods Act, 1930 means(i) ownership. (iii) purchaser.(ii) transferor. (iv) all of the above.
According to Sale of Goods Act, the term ‘Goods’ includes(i) copy right. (iii) autograph.(ii) information. (iv) all of the above.
According to Sale of Goods Act, the term ‘Goods’ includes(i) goodwill. (iii) old coins and notes.(ii) patent. (iv) all of the above.
Which of the following are not included in the term ‘Goods’ under the Sale of Goods Act.(i) Stock and shares. (iii) Growing crops, grass etc.(ii) Actionable claims. (iv) Personal use property.
It is(i) contract of sale. (iii) sale on approval.(ii) hire purchase. (iv) barter.
A agrees to deliver 1 kg of wheat to B in exchange of 500 gm of rice and `
A agrees to deliver 1 kg of wheat to B in exchange of 500 gm of rice and 500 gm of sugar. It is a/an(i) contract of sale. (iii) sale on approval.(ii) agreement to sell. (iv) barter.
A agrees to deliver 1 kg of wheat to B in exchange of 2 kg of rice. It is a/an(i) contract of sale. (iii) sale on approval.(ii) agreement to sell. (iv) barter.
A contract of sale may be(i) oral. (iii) always expressed.(ii) written. (iv) either (i) or (ii).
The Sale of Goods Acts applies to contracts of(i) sale of goods. (iii) pledge of goods.(ii) sale of services. (iv) hire-purchase.
The Sale of Goods Act, 1930 deals with(i) bailment. (iii) hire-purchase sales.(ii) gift. (iv) sale of goods in general.
Write a short note on the CIF, FOB and Ex-ship contract.
What are the provisions relating to the auction sale? (Ref. Para-13.30)
‘Nemo dat quod non habet’ explain. What are its exceptions? (Ref. Para-13.29)
What type of remedies are available to the buyer against the seller? (Ref. Para-13.28)
Write a short note on the delivery to carrier. (Ref. Para-13.27)
What do you understand by the right to withhold the delivery of goods? (Ref. Para-13.26)
Write a short note on the right of the unpaid seller to re-sell the goods. (Ref. Para-13.25)
Write a short note on the unpaid seller’s right of the stoppage of goods in transit. (Ref. Para-13.24)
Write a short note on an unpaid seller’s lien. (Ref. Para-13.23)
What types of suits can be preferred by the seller against the buyer in case of a breach of contract of sale? (Ref. Para-13.22)
Who is an unpaid seller? What are his rights against the goods? (Ref. Para-13.21)
The delivery of goods does not mean an acceptance of goods. Comment. (Ref. Para-13.20)
Explain the modes of the delivery of goods. (Ref. Para-13.20)
What are the rules relating to the delivery of the goods in a contract of sale of goods? (Ref. Para-13.20)
Risk always passes with ownership. Comment. (Ref. Para-13.19)
How does the risk pass in the contract for Sale of Goods Act? (Ref. Para-13.19)
When is the ownership transferred in the case of goods sent on approval? (Ref. Para-13.18)
In the contract of sale, when does the property in goods passes on to the buyer?
What do you understand by ‘caveat emptor’ under the Sale of Goods Act, 1930? What are the exceptions to this rule? (Ref. Para-13.15)
Point out the difference between the conditions and warranties under the Sales of Goods Act, 1930. (Ref. Para-13.14)
What are the implied warranties in a contract of sale under the Sales of Goods Act, 1930? (Ref. Para-13.13)
What are the implied warranties and conditions in a contract of sale of goods? (Ref. Para-13.12,13.13)
What are the circumstances when a condition can be treated as warranty? (Ref. Para-13.11)
What do you understand by the conditions and warranties of a contract of the sale of goods? (Ref. Para-13.11)
What do you understand by Goods? What are the rules in case the goods perish before and after making contract of sale of goods? (Ref. Para-13.2,13.10)
How is the price in the contract of sale of goods ascertained? (Ref. Para-13.9)
Define goods. Explain in brief the meaning of the existing goods and future goods. (Ref. Para-13.8)
What are the main features of the contract for work and skill? (Ref. Para-13.7)
The contract for work and skill are not included in the Sales of Goods Act. Explain. (Ref. Para-13.7)
Distinguish between a sale and a bailment. (Ref. Para-13.6)
In what ways does a sale differ from hire-purchase? (Ref. Para-13.5)
Distinguish between a sale and an agreement to sell. (Ref. Para-13.4)
How is a contract of sale made? (Ref. Para-13.3)
State briefly the essential elements of a contract of sale under the Sale of Goods Act, 1930. (Ref. Para-13.3)
Explain the concept of property with reference to goods. (Ref. Para-13.2)
Which documents are included under the document of title? (Ref. Para-13.2)
Define the goods. Explain it with suitable examples. (Ref. Para-13.2)
The implied authority of any partner in a firm …………………………(i) restricted (iii) either (i) or (ii).(ii) extended. (iv) none of the above.
A partner shall pay to the firm any profit derived by him(i) from any transaction of the firm. (iii) from the business using the firm-name.(ii) from the use of the property of the firm. (iv) all of the above.
The registration of a firm is made to the(i) Registrar of companies. (iii) Registrar of trust.(ii) Registrar of firms. (iv) High court.
In the case of the registered firms, public notice is given in the following manner:(i) Serving a copy of the notice to the registrar of firms.(ii) publishing the notice in the official gazette.(iii) publishing the notice in one vernacular newspaper.(iv) All of the above.
If a firm is not-registered its business(i) does not become illegal. (iii) becomes void.(ii) becomes illegal. (iv) becomes voidable.
Which of the following rights are not applicable for unregistered firms?(i) Right of partners to sue the firm for enforcing a right arising out of a contract.(ii) Right of partners to sue for dissolution of the firm.(iii) Right of partners to sue for settlement of accounts of a dissolved firm.(iv)
Which of the following words are permissible in a Firm’s name?(i) Associates. (iii) Royal.(ii) King. (iv) Empress.
In a firm where a partner is guilty of misconduct which adversely affect the partnership business, the firm(i) is automatically dissolved. (iii) may be dissolved by the court.(ii) is compulsorily dissolved. (iv) cannot be dissolved.
In a firm where a partner has become permanently incapable of performing his duties, the firm(i) is automatically dissolved. (iii) cannot be dissolved.(ii) may be dissolved by the court. (iv) none of the above.
Which of the following firm can be dissolved by a written notice of dissolution given by any partner?(i) General partnership. (iii) partnership at will.(ii) particular partnership. (iv) Both (i) and (ii).
No premium or part thereof shall be repaid if the dissolution is(i) due to the partner’s own misconduct.(ii) in accordance with an agreement containing no provision as to return of premium.(iii) both (i) and (ii).(iv) either (i) or (ii).
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