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1. The Sale of Goods Àct, 1930 applies to the whole of India except

(a) Jammu & Kashmir

(b) Dadra and Nagar Haveli

(c) Goa, Daman & Diu

(d) all the above.

The Sale of Goods Act, 1930 came into force on (a) Ist April, 1930

b) 1st July, 1930

(c) 1st December, 1930

(d) 31st January, 1931.

3. The Sale of Goods Act, 1930 is based on (a) the english Bills of Exchange Act, 1882 (b)
the Transfer of Property Act, 1882

the English Sale of Goods Act, 1893 -(d) the Indian Contract Act, 1872.

4. The Sale of Goods Act, 1930 in its operation is

Sa) prospective

(b) retrospective

(c) prospective in certain respects and retrospective in certain other respects

(d) only (c) and not (a) or (b).

5. In Sale of Goods Act several provisions of the Indian Contract Act have been retained

(a) to meet the need of the buyers

(b) to meet the need of the sellers

(c) to meet the need of both the buyers and sellers

(d) to meet special conditions existing in India regarding sale of goods.

6. The formalities attending the transfer of property in goods, under the conflict of laws, shall
be governed by

Aa) lex situs

(b) lex contractus


(c) lex fori

(d) locus regit actum.

7. Under the conflict of laws, the rights and obligations flowing out of a contract will be
regulated by

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(a) lex fori

(b) locus regit actum

c) lex contractus (d) lex situs.

8. The term 'buyer, under the Sale of Goods Ad,

1930, has

<ta) been defined under section 2(1)

(b) been defined under section 2(2) (c) been defined under section 2(3) (d) not been defined.

9. The term "goods" in the sale of goods means

(a) specific goods only

(b) ascertained goods only

(c) ownership

d) subject matter.

10. 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).

11. Under section 2(2) of the Sale of Goods Act 1930, 'delivery' means

(a) gratuitous transfer of possession from one person to another

(b) involuntary transfer of possession from of* person to another

C) volntary transfer of possession from on person to another


(d) trarnsfer of possession irrespective whether it is gratuitous, involuntary voluntary, from
one person to another.

12. Delivery' within the meaning of Section 201)

of the Sale of Goods Act, 1930, can be (a) actual

(b) constructive

(c) symbolic

d) either (a) or (b) or (c).

13. It has been remarked that the Sale of Goods Act has not proved one of the more
successful

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pieces of codification undertaken by the

Parliament, by

(a) P.S Atiyah

(b) SK. Kapoor

(c) Pollock & Mulla

(d) Justice Goda Raghuram.

Which of the following is an instance of constructive delivery of goods

(a) the transfer of bìll of lading

) attormment by a person in possession of the

goods

tc) both (a) and (b)

(d) only (b) and not (a).

5 A bill of lading is

(a) a negotiable instrument like a bill of exchange

(b) a negotiable instrument like a promissory note

(c) either (a) or (b)


Ad) neither (a) nor (b).

16. The documents of title to goods' in the Sale of Goods Act, 1930 have been described,
under (a) section 2(3)

Ab) section 2(4)

(c) section 2(1)

(d) section (2).

17. The definition of the documents of title to g0ods' given in section 2(4) of the Sale of
Goods Act, 1930, is (a) exhaustive

Aoj descriptive

(c) exhaustive and descriptive

(d) only (a) and not (b) or (c).

18. Which of the following documents is a

document of title to goods

(a) bill of exchange

(b) promissory note

c) dock warrant

(d) all the above.

19. Which of the following documents is a document of title to 'goods' within the meaning Of
section 2(4) of the Sale of Goods

Act, 1930

(a) Warehouse keeper's certificate

) Warfinger's certificate

() both (a) and (b)

(d) neither (a) nor (b).

20. Under section 2(4) of the Sale of Goods Act, 1930, which of the following documents is
not

a document of title

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(a) pucca delivery order enabling a person to obtain delivery on payment of price

(b) mate's receipt

e) both (a) and (b)

(d) neither (a) nor (b).

21. "Future goods' has been defined, in the Sale of Goods Act, 1930, under

(a) section 2(5)

b) section 2(6)

(c) section 2(7)

(d) section 2(8).

22. Under section 2(6) of the Sale of Goods Act,

1930 'future goods' means

fa) goods which are not yet in existence

(b) unascertained goods

(c) ascertained goods

(d) specific goods.

23. The term 'goods' has been defined in the Sale

of Goods Act, 1930, under

(a) section 2(5)

(b) section 2(6)

Ac) section 2(7)

(d) section (8).

24. 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).


25. The definition of 'goods' under section 2(7) of

the Sale of Goods Act, 1930 is

(a) descriptive

(b) exhaustive

c) exhaustive and descriptive

(d) declaratory.

26. 'Goods' within the meaning of section 2(7) of

the Sale of Goods Act, 1930 includes

(a) actionable claim(s)

(b) money

(c) both (a) and (b)

a) neither (a) nor (b).

27. Section 2(7) of the Sale of Goods Act, 1930, the

term 'goods' does not include

(a) stock and share

(b) growing crops

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d) neither (a) or (b) nor ().

24, Which of the following are 'gonds' within the meaning of section 247) of the Sale of
Gosds At, 193

(a) things attached to land which are agreed to be severed before sale

(b) things forning parf of the land agreed to be severed before sale

c) both (a) and (b)

(d) neither (a) nor (b).

29, Transfer of actionable daimts) is governed by Aa) The Transfer of Property Act, 1882

(b) The Sale of CGds Act, 1930


(ở The Indian Contract Act, 1872 (d) all the above.

30. 'A person is said to be 'insolvent' who has ceased to pay his debts in the ordinary course
of business, or cannot pay hís debts as they become due whether he has committed an act
of insolvency or nol, is the definition of insolvency given in

(a) The Indian Partnership Act, 1932

b) The Sale of Gords hct, 1930

() The indian Contract Ac, 1872 (d) all the above.

31, Who is 'insolvent', has been stated in the Sale

of Goods Ad, 1930, under

(a) setion 2(6)

(b) ctíon 2(7)

l) stion 2(8)

(d) section 2(9).

32. The Sale of Goods Act, 1930

(a) does rot define the term mercantile agent ) defines the term mercantile agent under
section 29)

() defines the term mercantile agent under Mctin 2(10)

(d) defines the term mercantile agent under section 3.

33. The question of the insolvency of a buyer, under the Sale of Goods Act, 1930, is of
inportance in connection with

(a) the ellers ien on the goods

(b) the right of stoppage in transit

o both (a) ard (b)

td) only (a) and not (b).

34. "Mercantile agent" means the person

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who sell goods, or consigns for the purpose of sell, or buy goods or raise money

security of goods
(b) who only sell or purchase

(c) who only consign goods

(d) who only transfer goods.

35. 'Price' under section 2(10) of the Sale of Goods

Act, 1930, means

a) the money consideration

(b) the consideration given in the form ot

goods

(c) partly money consideration and consideration in goods

partly

(d) either (a) or (b) or (c).

36. The term 'property' has been defined, in the

Sale of Goods Act, 1930 under

(a) section 2(9)

(b) section 2(10)

t) section 2(11)

(d) section 2(12).

37. The word "Property" in the Sale of Goods Act,

1930 means

(a) seller or transferer

(b) buyer or purchaser

(c) goods or subject matter

td) ownership or title.

38. Under section 2(11) of the Sale of Goods Act,

1930, the property in goods means

ta) the general property or ownership in goods


(b) the specific property or ownership in goods (c) both (a) and (b)

(d) either (a) or (b).

9. The propositions are

I. "The general property in goods can be with one person while the special property in the
same goods be with the another person.

II. 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. II, The special property in goods can be oniy
with the person having general property goods.

In respect of the aftersaid proposition whie of the following is true

(a) I is correct, II & III are incorrect

(b) I & II are correct, III is incorrect (c) I& III are correct, II is incorrect (d) II & III are correct, I
is incorrect.

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an Ouality of goods' under section 2(12) of the sale of Goods Act, 1930 has a reference

(a) fitness for a particular purpose

b state or condition

(c) description

(d) either (a) or (b) or (c).

s1. The term ´Specific goods' has been defined in the Sale of Goods Act, 1930, under

(a) section 2(12)

(b) section 2(15)

(c) section 2(13)

ld section 2(14).

42. 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).

43. Which of the following are not goods within the meaning of section 2(7) of the Sale of
Goods Ac, 1930

la) jubilee coins

(b) coins of antiquity

(c) current coins sold as curiosity

d) none of the above.

44. Seller means a person

(a) who sells or agrees to sell goods

(b) who only sells good

(c) who only agrees to sell goods

(d) none of above.

45. Contract of Sale under section 4 of the Sale of

Goods Act, 1930 comprises of

(a) executory contract of sale

(b) executed contract of sale

both executory and executed contracts of sale

(d) only (a) and not (b).

Whe Fixed Deposit Receipts (FDRs) are goods

Wihin the meaning of section 176 of the Indian Contract Act, 1872 and section 2(7) of the
Sale of Goods Act. 1930. The statement is (a) false

(b) anbigous

(c) partly true

A) true.

a contract of sale of goods, under section 4 0f the Sale of Goods Act, 1930, there

47,

In
must be transfer of absolute or general Property in the goods

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(b) must be a transfer of special property in the goods

(c) must be trarnsfer of either absolute or special property in the goods

(d) neither (a) nor (b).

48. Whether a given contract is one of sale or some other kind of contract, in respect of
goods, it is a question of (a) form

t) substance

(c) terminology

(d) both form and substance.

49. A contract of sale under section 4 of the Sale of

Goods Act, 1930

(a) may be absolute

(b) may be conditional

t either (a) or (b)

(d) only (a) and not (b).

50. The judgment of the Supreme Court in Indian Steel and Wire Products v. State of
Madras, AIR 1968 SC 478, is a decision on

ta) sale and statutory transaction

(b) contract of sale and contract for work or service

(c) contract of sale and hirepurchase (d) contract of sale and bailment.

51. The distinction between a contract for work or service and a contract for sale, has been
summarised by the Supreme Court, in

(a) Safdarjung Sugar Mills Ltd. v. The State of Mysore & Others, AIR 1972 SC 87

(b) New India Sugar Mills Lid. v. Commissioner of Sales Tax, Bihar, AIR 1963 SC 1207

(c) Chhittermal Narain Dass v. Commissioner of Sales Tax, Uttar Pradesh, AR 1970 SC
2000 sd) Commissioner of Sales Tax, Madhụa Pradesh v. Purshottam Premji, 1970(2) STC
287.
52. Where under an agreement, the buyer has a right to return the goods at any time and
thereby himself from any further obligation as regards payment is a contract of

(a) sale

(b) bailment

t) hiring

(d) agency.

53. A 'sale of goods' under the Sale of Goods Act.

1930, creates

a) a jus in rem

(b) a jus in personam

(c) both (a) and (b)

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(d) either (a) or (b) depending on the facts & circumstances of the case.

54. Which of the following is true as regards an 'agreement to sell' in respect of goods

(a) it is an executed contract which creates a jus in rem

is an executory contract which creates a jus in personam

(b)

(c) it is an executed contract which creates a jus in personam

(d) it is an executory contract which creates a jus in rem.

55. In a conditional contract of sale of goods under section 4 of the Sale of Goods Act, 1930,
the conditions

(a) has to be contingent

(b) has to be promissory

) may be either contingent or promissory

(d) only promissory and not contingent.

56. The distinction between sale and agreements

to sell determines
ta) rights and liabilities of the parties to contract

(b) nature of goods in the contract

(c) nature of property in the contract (d) price of the contract.

57. Where under a contract of sale of goods,

obligations of one party are kept in abeyance till the fulfilment of certain conditions, it is a
case of

a) condition precedent

(b) condition concurrent

(c) condition subsequent (d) either (a) or (b).

58. Where under a contract of sale, a condition provides for the defeasance of a certain right
on the happening of a specified event, such a condition is a

(a) condition concurrent

(b) condition subsequent

(c) condition precedent (d) either (a) or (c).

59. Where in a contract of sale, a condition has been inserted for the benefit of both the
parties

(a) may be waived by either party unilaterally (b) it may be waived by mutual agreement

(c) it cannot be waived

(d) either (a) or (b).

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60. In a conditional contract of sale of goods, a condition inserted for the benefit one party

is waived by that party, and that party

(a) cannot insist upon that condition n in future (b) can insist upon that condition in future

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).


61. Where the goods are not specific and ascertained at the time of the making of tha
contract, the contract can be

(a) contract of sale

(b) agreement to sell

(c) either (a) or (b)

(d) neither (a) nor (b).

62. In an agreement to sell, the property in goods

is transferred

(a) in future

(b) at present

(c) either (a) or (b)

(d) neither (a) nor (b).

63. Quasi-contracts of sale have been dealt with

under

(a) the Sale of Goods Act, 1930

(b) the English Sale of Goods Act, 1893

(c) both (a) and (b)

(d) neither (a) nor (b).

64. Formalities of the Contract of Sale of Goods have been provided in the Sale of Goods
Act, 1930, under

(a) section 5

(b) section 6

(c) section 4

(d) section 7.

65. Which of the following is necessary for the formation of the contract of sale of goods
under section 5 of the Sale of Goods Act, 1930 (a) payment

(b) delivery
(c) both payment and delivery

(d) neither payment nor delivery.

66. Which of the following is not an essential ingredient of a contract of sale of goods

(a) passing of title in goods

(b) physical delivery of goods

(c) both (a) and (b)

(d) neither (a) nor (b).

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67. 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

i) partly in writing and partly by words of mouth

(a) either (a) or (b) or (c).

6s A contract of sale of goods under section 5 of the Sale of Goods Act, 1930 may provide
for (a) immediate payment and immediate

delivery

b) delivery of goods and payment by instalments

(c) either (a) or (b)

(d) only (a) and not (b).

B. Ifa transfer of title in goods from one person to the other is brought about under statutory
compulsion, it will, within the meaning of the Sale of Goods Act, 1930

(a) be no sale at all

b) always be a sale

(c) depend on the facts of each case and terms of the particular statute regulating the
dealings whether there can be contract of sale

(d) oniy (b) and not (a) or (c).

70. Chapter I of the Sale of Goods Act, 1930 provides for


(a) subject-matter of contract of sale of goods {b) formation of a contract of sale of goods ()
effects of the contract of sale of goods

(d) performance of the contract of sale of

goods.

Under section 6 of the Sale of Goods Act, 1930, he subject-matter of 2 contract of sale of
g00ds, can be

(a) the existing goods owned and possessed by the seller

(0) the future goods which are yet to be produced

(C) either existing or future goods

4 only existing goods & not future goods.

2 A contract for sale of goods to be delivered at a

future date shall

4 be invalid if the seller has not the goods in Present possession

b) be invalid if the seller has not contracted

tor the purchase of those goods

y be invalid if the seller only expects or hopes to acquire

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(d) not be invalid if the seller has not got the

goods in present possession nor has contracted for the purchase of the same nor has any
expectation of getting them.

73. A contract of present sale of future goods, under section 6(3) of the Sale of Goods Act,
1930, operates as a

(a) contract of sale

Ab) agreement to sell

(c) either (a) or (b) depending on the terms of the contract

(d) estoppel or quasi contract of sale.

74. A wagering contract is not

(a) forbidden by law


(b) void

(c) unenforceable

(d) neither (a) nor (b) or (c).

75. 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.

76. In case of absence of transfer of title or registration, the purchaser

(a) can claim damages for breach of conditions or warrantees

b) cannot claim damages for breach of conditions and warrantees

(c) can claim full price back (d) none of above.

77. 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).

78, Section 7 of the Sale of Goods Act, 1930 makes contract of sale

(a) voidable at the instance of the buyer

(b) voidable at the instance of the seller c) void

(d) neither (a) nor (b) nor (c).

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79. Under section 7 of the Sale of Goods Act, 1930, a contract for sale of specific goods is
void (a) where the goods have perished/damaged without knowledge of the seller
(b) where the goods have perished/danmaged to the knowledge of the seller

(c) where the goods have perished/damaged, irrespective of without or to the knowledge

of the seller

(a) where the goods have perished/damaged to the knowledge of the buyer.

S0. Section 7 of the Sale of Goods Act, 1930 is not

applicable to

(a) f.o.b. contract

b) ci.f. contract

(c) both (a) and (b)

(d) neither (a) nor (b).

S1. Section 8 of the Sale of Goods Act, 1930, in its

application is

(a) confined to agreement to sell

(b) confined to contract of sale

(c) neither (a) nor (b)

(d) only (b) and not (a).

s2. Section S of the Sale of Goods Act, 1930 deals

with cases of

performance of the contract before the formation of the contract

(a) impossibility of

(b) impossibility of performance of the contract at the time of formation of the Contract

impossibility of performance of the contract subsequent to the formation of the

contract

(d) all the above.

83. Section 8 of the Sale of Goods Act, 1930 is not applicable to

a) generic goods
(b) specific goods

(c) unascertained goods which form a part ofa

specific subject-matter

(d) none of the above.

84. Under section 8 of the Sale of Goods Act, 1930,

the contract becomes

(a) void ab initio

(b) avoided from the date_ of perishing of goods

(c) avoided from the date of knowledge of goods having been perished

(d) only (a) and not (b) or (c).

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85. Under section 8 of the Sale of Goods Act. a contract for sale of goods can be avoide,

where

(a) the goods have perished / J damaged

the fault of the buyer

(b) the goods have perished/damaged due

the fault of the seller

(c) the goods have perished/ | damaged due

the fault of either the buyer or the seller d) the goods have perished/ / damaged

the fault neither of the buyer/nor the sai. 86. A contract of sale of goods, on goods hav been
damaged/perished subsequent toa formation of the contract under section the Sale of
Goods Act, 1930, can be avoided (a) before the property in goods has passed s the buyer

(b) after the property in g0ods has passed the buyer

(c) at any time irrespective of whether property in goods has passed to the bue

or not

(d) only (b) not (a) or (c).

87. Section 9 of the Sale of Goods Act, 193 provides for


(a) agreement to sell at a valuation

b) ascertainment of price

(c) conditions and warranties

(d) both (a) and (b).

88. Where no price is fixed in a contract of sale o 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 paya reasonable price (d) the buyer shall pay the price as demande by the
seller.

89. If a contract for sale of goods is for sale of tWO or more things under an entire contract,
perishing of some of them would

a) avoid the whole contract

(b) not avoid the contract at all

(c) avoid the contract so far as it relates to u goods perished and not the whole contract (d)
either (b) or (c).

90. The prima facie evidence of a reasonable p

within the meaning of section 9 of the Sale of

Goods Act, 1930 is

(a) the current price

-b) the market price

(c) the one which the court fixes

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(d) the average of the highest and the lowest price in a period of one year.

91. Under section9 of f the Sale of Goods Act, 1930,

what is a reasonable price is

(a) a question of fact

(b) a question of law

(c) a mixed question of fact and law (d) only (c) and not (a) or (b).
o Section 9 of the Sale of Goods Act, 1930 provides for fixing the price of goods

(a) by the contract itself

(b) in the manner agreed upon by the parties

(c) in the course of dealing between the parties (d) either (a) or (b) or (c).

3. Section 10 of the Sale of Goods Act, 1930

provides for fixation of price of goods

lal by the valuation of a third party

(b) by the arbitrator

(c) by the Central Government

(d) by the Judge.

94. The duty of fixing value for the goods, under section 10 of the Sale of Goods Act, 1930

(a) can be delegated by the valuer

(b) can be delegated by the valuer with the Consent of the buyer

(c) cannot be delegated by the valuer

(d) can be delegated by the valuer with the leave of the court.

33. Where the price of the goods under a contract of sale has to be determined by the
valuation of a third party, and the valuer fails or refuses to make the valuation, the contract
under Section 10 of the Sale of Goods Act, 1930, shall (a) become void

(b) be voidable

(c) remain valid

(d) become impossible.

Where the price of the goods under a contract Of sale is to be fixed by the valuation of a
third Party who fails to fix the yvaluation, but goods re supplied to the buyer, under section
10 of the Sale of Goods Act, 1930 the buyer is

(a) liable to pay the reasonable price of the

(b) liable to pay the minimum price of the

goods

() not liable to pay any price until Ifixed ; by the


goods

(d) liable to pay the maximum retail price.

valuer

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97. 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).

98. Under section 10 of the Sale of Goods Act, 1930 in cases where under an agreement
twWO valuers, one appointed by each party, have to function, in such cases, the valuation
by one alone is

(a) sufficient

(b) futile

(c) sufficient with the leave of the court

(d) either (b) or (c).

99. Section 11 of the Sale of Goods Act, 1930

provides for

(a) stipulation as to time in a contract of sale

(b) conditions

(c) warranties

(d) all the above.

100. 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 termns 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..

101. The time of payment can be of the essence of the contract, under section 11 of the
Sale of Goods Act, 1930

(a) by operation of law

(b) by agreement between the

parties

K (c) either (a) or (b)

(d) neither (a) nor (b).

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102. In a c.if. contract, where the stipulation is cash against documents, a refusal by the
buyer to pay on tender of the documents

(a) entitles the seller to repudiate the contract (b) does not entitle the seller to repudiate the
contract

(C) may or may not entitle the seller to repudiate the contract

(d) either (a) or (c).

103. In mercantile contracts stipulations as to time, other than as regards time of payment
are (a) usually not of the essence of the contract

(b) usually of the essence of the contract

(c) never of the essence of the contract (d) both (a) and (c).

104. In a merchantile contract, stipulation as to

time

(a) cannot be waived

(b) can be waived with the consent of both parties

(c) can be waived by the party in whose favour they are inserted

(d) either (b) or (c).


105. Where a party in whose favour the stipulations as to time in a contract of sale of goods
operates, and waives the stipulations, then

(a) that party afterwards treat the failure to

comply with them by the other party, as giving right to rescind the contract

(b) that party afterwards cannot treat the failure to comply with them by the other party, as
giving right to rescind the

Contract

(c) that party afterwards may treat the failure to comply with them by the other party, as
giving right to rescind the contract, even without giving any reasonable notice for restoration
of the stipulations

(d) only (a) and not (b) or (c).

106. Under section 11 of the Sale of Goods Act, 1930, which of the following is an essence
of the contract

(a) time of payment

(b) time of delivery

(c) both (a) and (b)

(d) neither (a) nor (b).

107. Section 12 of the Sale of Goods Act, 1930

defines

(a) condition

Page 18
(b) warranty

(c) both condition and warranty

(d) only condition and not warranty.

108. Under section 12 of the Sale of Goods Ac,

1930, a condition is

(a) a stipulation essential to the main purpose

of the contract

(b) a stipulation collateral to the main


purpose

of the contract

(c) either (a) or (b)

(d) both (a) and (b).

109. The breach of a 'condition' in a contract of sal, of goods, under section 12 of the Sale ot
Goods Act, 1930, gives

(a) the right to claim for damages only

(b) the right to repudiate the contract (c) either (a) or (b)

(d) only (a) and not (b).

110. A 'warranty, under section 12 of the Sale of Goods Act, 1930, has been defined as

(a) a stipulation essential to the main purpose of the contract

(b) a stipulation collateral to the main purpose of the contract

(c) a stipulation with regard to time (d) either (a) or (b) or (c).

111. A condition' in a contract of sale, in the Sale of Goods Act, 1930, has been defined
under

(a) section 12(1)

(b) section 12(3)

(c) section 12(2) (d) section 12(4).

112. The breach of warranty gives a right to claim (a) damages but not to a right to reject the
goods and treat the contract as repudiated (b) right to reject the goods only

(c) right to treat the to contract repudiated (d) new goods.

113. The breach of a warranty' in a contract of sai of goods, under section 12 of the Sale o
Goods Act, 1930, gives

(a) the right to claim for damages

(b) the right to reject the goods

(c) the right to repudiate the contract (d) either (a) or (b) or (c).

114. Under section 12(4) of the Sale of Goods Ac 1930, while determining whether a
stipulation in a contract of sale, is Sa condition or warranty (a) the nomenclature used by the
parties is
conclusive

Page 19
) the real effect of the stipulation is conclusive

(c) either (a) or (b)

(d) both (a) and (b).

115. The circumstances under which breach of a condition can be treated as a breach of
warranty have been enumerated in the Sale of Goods Act, 1930, under

(a) section 16

(b) section 15

(c) section 14

(d) section 13.

116. In cases where there is a breach of condition by the seller, under section 13 of the Sale
of Goods Act, 1930

(a) the buyer has no right to retain the goods but only to reject the goods

(b) the buyer has no right to reject the goods

(c) the buyer may retain the goods though he has the right to reject them

(d) the buyer who has retained the goods still has a right to reject the goods.

117. Where under a contract of sale, the buyer has retained the goods though there is a
breach of condition on the part of the seller, the buyer does not lose

(a) the right to reject the goods

(b) the right to claim damages

(c) both (a) and (b)

(d) neither (a) nor (b).

6. Clause (2) of section 13 of the Sale of Goods

Act, 1930, deals with cases of

ta) compulsory waiver of condition

0) voluntary waiver of condition


IC) optional waiver of condition (d) all the above.

19. Under section 13(2) of the Sale of Goods Act, 1930, the law presumes a waiver of
condition

l4) where the buyer has accepted the goods in Part under a non-severable contract

where the contact is for specific goods, the Property in which has passed to the buyer (c)
either (a) or (b)

Ia) only (a) and not (b).

contract of sale of goods

,A term

Section 13 of the Sale of Goods Act, 1930 pressly excluding warranty, by virtue of la) affects
the buyer's right to recover damages

in the

Tor a breach of a condition absolutely

Page 20
(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).

121. Waiver of a condition in a contract of sale of goods, under section 13 of the Sale of
Goods Act, 1930, is deemed

(a) in cases of legal impossibility

(b) in cases where the default of the buyer render the performance of the condition
impossible

(c) both (a) and (b)

(d) only (a) and not (b).

122. Implied warranty as to title in the sale of goods, under the Sale of Goods Act, 1930, is
contained in

(a) section 14(b) and (c)

(b) section 15(a) and (b)


(c) section 16(b) and (c)

(d) section 13(a) and (c).

123. Section 14 of the Sale of Goods Act, 1930 provides for

(a) an implied condition as to title in the seller of goods

(b) an implied warranty as to buyer's quite enjoyment of the goods

(c) an implied warranty as to goods being free from any encumbrances

(d) all the above.

124. 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).

125. What is true of the warranty for quite enjoyment provided under section 14 of the Sale
of Goods Act, 1930

(a) that the effect of the warranty is uncertain (b) that the importance of the warranty is
uncertain

(c) both (a) and (b)

(d) neither (a) nor (b).

126. There is a breach of implied warranty, of freedom from encumbrances provided under

Page 21
section 14 of the Sale of Goods Act, 1930, when

(a) there is a mere existence of the encumbrances

discharge the

(b) the buyer has to encumbrances

(c) either (a) or (b)

(d) only (b) and not (a).

127. Section 15 of the Sale of Goods Act, 1930


provides for

(a) implied conditions in case of the sale of goods by description

(b) implíed conditions in case of the sale of goods under a trade or brand narne

(c) implied warranty in case of the sale of goods by description

(d) implied warranty in case of sale of goods under a trade or brand name.

128. In case of sale of goods by description under section 15 of the Sale of Goods Act,
1930, the implied condition is that

(a) the goods shall correspond with the sample (b) the goods shall correspond with the
description

(c) the goods shall correspond with either the sample or the description

(d) the goods shall correspond with both the sample and the description.

129. In case of sale of goods by sample as well as by description under section 15 of the
Sale of Goods Act, 1930,

(a) it shall suffice if the bulk of the goods correspond with the sample

(b) it shall suffice if the bulk of the goods correspond with the sample even though the goods
do no correspond with the description

(c) it shall not suffice that the bulk of the goods correspond with the sample if the goods do
not also correspond with the description

(d) it shall not suffice that the bulk of the goods do not correspond with the sample.

130. The implied condition as regards the goods sold, under section 15 of the Sale of Goods
Act, 1930, applies where

(a) the vendee is able to inspect the goods

(b) the vendee is not able to inspect the goods (c) the vendee is able to inspect the goods or

not

Page 22
(d) the vendee has actually inspected

goods.

131. Under section 15 of the Sale of Goods the description of goods in the contract, the
1930, if the goods are not in aecordance with
buyer is

(a) entitled to reject the goods if the propety

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 go0ds irrespective a whether the property in goods has passel to the
buyer or not.

132. Section 15 of the Sale of Goods Act, 1930

usually applies to

(a) a contract for the sale of unascertained

goods

(b) a contract for the sale of specific goods

(c) both (a) and (b)

(d) either (a) or (b).

133. In a sale of goods by description, under section 15 of the Sale of Goods Act, 1930 (a) it
is sufficient that the goods are merchantable though not conforming to description

(b) it is sufficient that the goods are fit for the purpose for which they were required though
not conforming to the description (c) either (a) or (b)

(d) neither (a) nor (b).

134. Condition as to quality or fitness has been provided in the Sale of Goods Act, 1930,
under (a) section 15

(b) section 16

(c) section 17 (d) section 18.

I35. Under section 16 of the Sale of Goods Ac 1930 in a contract of sale of goods, ordinarily
(a) there is an implied warranty as to u quality or fitness for any particular purpo of goods

(b) there is an implied condition as to quality or fitness for any particular purp of goods

(c) there is no implied warranty or condition

as to the quality or fitness for any purp of goods


Page 23
(d there is an implied warranty or condition as to the quality or fithess for any purpose of
goods.

496 The principle of caveat emptor' is enunciated, in the Sale of Goods Act, 1930, under

(a) section 16

(b) section 18

(c) section 15

(d) section 17.

187. The rule of 'caveat emptor' as enunciated in section 16 of the Sale of Goods Act, 1930.

means that

(a) the buyer must take a chance

(b) the buyer must take care

(c) the seller must take care (d) both (a) and (b).

138. Section 6 of the Sale of Goods Act, 1930 exceptions to the general rule of caveat
emptor enunciated in the first para of the section

recognises

eo***.*

(a) two

(b) four

(c) three

(d) five.

139. 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

() may or may not be saved depending on the facts & circumstances of the case

(a) may or may not be saved depending on the express agreement between the parties.

0. Section 16 of the Sale of Goods Act, 1930, Saves any condition or warranty that may
arise (a) under any other provisions of the act
(b) under any other law

(c) both (a) and (b)

(a) neither (a) nor (b).

141. The implied condition as to fitness of goods

Ura particular purpose provided under 16(1) Or the Sale of Goods Act, 1930 applies (a)
where the buyer relies on his own

judgment

Wnere the buyer relies on the judgment of the manufacture or dealer and also places
reliance on other things

) where the buver relies on the judgment of ne manufacture or dealer to the exclusion of any
reliance on anything else.

Page 24
(d) where the buyer relies on the judgnment of the manufacture or dealer irrespective of
whether he places reliance on anything else

or not.

142. The exception, provided under section 16(1) of the Sale of Goods Act, 1930, to the rule
of 'caveat emptor' is not applicable where (a) the goods are in case and the buyer has the
opportunity to inspect the same but not actually inspected the same

(b) the goods are in case and the buyer has actually inspected them

(c) the goods are not in case and the buyer has no opportunity to inspect the same

(d) neither (a) nor (b) or (c).

143. For availing the exception under section 16(1) of the Sale of Goods Act, 1930, the
buyer must make known to the seller the particular purpose for which the goods are required
(a) expressly

(b) by implication

(c) either expressly or by implication (d) only expressly and not by implication.

144. The exception contained in section 16(1) of the Sale of Goods Act, 1930, is not
available, where the buyer contracts

(a) for a specified article under its patent or other trade name relying on the skill and
judgment of the seller
(b) for a specified article under its patent or other trade name not relying on the skill and
judgment of the seller

(c) both (a) and (b)

(d) either (a) or (b).

145. Which of the following are goods within the meaning of section 2(7) of the Sale of
Goods Act, 1930

(a) computer disk

(b) computer programme

(c) both (a) and (b)

(d) neither (a) nor (b).

146. The second exception to the rule of caveat

emptor is contained under.

of the

Sale of Goods Act, 1930

(a) section 16(1)

(b) section 16(2)

(c) section 16(3)

(d) section 16(4).

147. The implications of a condition that the goods were of merchantable quality, under
section

Page 25
16(2) of the Sale of Goods Act, 1930 is negatived where

(a) the buyer has actually examined the goods (b) the buyer had an opportunity to examine
the goods

(c) either (a) or (b)

(d) neither (a) nor (b).

148. In case of goods are sold by description by a seller dealing in such goods and the buyer
has in such actually examined the goods, under section 16(2) of the Sale of Goods Act,
1930, the seller is responsible for
(a) patent defects in the goods rendering them unmerchantable

(b) latent defects in the goods which render them unmerchantable

(c) both (a) and (b)

(a) neither (a) nor (b).

149. In case where the goods are sold by description by a seller who deals in such goods
and the buyer had an opportunity of examining the goods but has not in fact examined the
goods under section 16(2) of the Sale of Goods Act, 1930, the seller is liable for (a) the
patent defects in the goods rendering the same unmerchantable

(b) the latent defects in the goods rendering the same unmerchantable

(c) both (a) and (b)

(d) neither (a) nor (b).

150. 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 the facts & 16(2) depending circumstances of the
case

on

(a) may or may not apply to section 16(2) depending on the agreement between the parties.

151. 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).

152. If the goods are sold by description, which they fulfil, they shall be of merchantable
quantity within the meaning of section 16(2) of the Sale of Goods Act, 1930, if

Page 26
(a) they are capable of being used for al h purposes and not unfit for any partila purpose
which the particular
(b) they are capable of being used foor any One or more purposes, even if unfit for he
particular purpose which the particular

intended

buyer intended

(c) they are fit for the

particular

which the particular buyer intended

purposg

(d) they can be put in proper state or Condito

at a small expense.

53. Implied condition or warranty by usage as contained in section 16(3) of the Sale of
Goods

Act, 1930, is based on the decision in (a) Jones v. Bowden, (1813) 128 ER 565

(b) Syers v. Jonas, (1848) 154 ER 426

(c) Wood v. Wood, (1823) 1 C&P 59 (d) Bombay United Merchants Co. v. Doolubrom (1887)
12 Bom 50.

54. Section 17 of the Sale of Goods Act, 1930 provides for imnplied conditions in a contrad
of sale of goods

(a) by description (b) by sample

(c) by sample as well as by description (d) either by sample or by description.

55. In case of sale of goods by sample, under section 17, of the Sale of Goods Act, 1930,
there is an implied condition that

(a) the bulk of the goods shall correspond with the sample

(b) the whole of the goods shall correspond with the sample

(c) some of the goods shall correspond with thê sample

(d) at least half of the goods shall correspond with the sample.

56. Chapter III of the Sale of Goods Act, 1950 deals with

(a) conditions and warranties


TO (b) performance of the contract of sale

goods

(c) effects of the contract of sale of goods (d) rights of an unpaid seller.

L57. Section 18 of the Sale of Goods Act, 1950

provides for passing of property in goods, contracts of

(a) sale of ascertained goods

(b) sale of unascertained goods

(c) sale of specific goods

Page 27
(d) all the above.

158. In case of sale of unascertained goods, under

section 18 of the Sale of Goods Act, 1930 the property in goods passes

(a) when the goods are ascertained -

(b) whern the contract is made

(c) whern the contract provides that the property in goods shall pass

(d) either (a) or (b) or (c).

159, Under section 18 of the Sale of Goods Act. 1930, the property, in case of sale of
unascertained goods, passes when

(a) the goods are so far ascertained that the parties have agreed that they shall be taken
from some specific larger stock

(b) the transfer is made in the books of the warehouse man

(c) the pucca delivery order is entered

identified

(d) the protection is

and

appropriated to the contract.

160. Section 19 of the Sale of Goods Act, 1930


applies to

(a) future goods

(b) unascertained goods

(c) specific or ascertained goods

(d) all the above.

161. Under section 19 of the Sale of Goods Act,

1930, the property in goods in a contract for sale of specific or ascertained goods, passes to
the buyer

(a) when the contract is made

(b) when the parties intend the property in goods to pass

(c) when the goods are delivered

(d) when the price is paid.

102. Ascertained goods for the purposes of Sale of

Goods Act, 1930, means

(a) goods identified and agreed upon at the time a contract of sale is made

(0) goods identified in accordance with the agreement after the contract of sale is made

(C) goods identified before the contract of sale

made

(d) either (a) or (b) or (c).

US. Section 20 of the Sale of Goods Act, 1930 Provides for, passing of property in go0ds
where

(a) there is an unconditional contract for the Sale of specific goods in a deliverable state (D)
there is an unconditional contract for the sale of generic goods

Page 28
(c) there is a conditional contract for the sale of specificgoods in a deliverable state

(d) there is an unconditional contract for the sale of specific goods but not in a deliverable
state.
164. Where there is an unconditional contract for the sale of specific goods in a deliverable
state, under section 20 of the Sale of Goods Act, 1930, the property in goods passes to the
buyer, when

(a) the goods are delivered

(b) the price is paid

(c) the contract is made

(d) the parties intend.

165. The rule as to passing of property as enumerated in section 20 of the Sale of Goods
Act, 1930 shall apply when

(a) the time of payment of price is post-poned (b) the time of delivery of the goods is
postponed

(c) even the time of payment of price and the time of delivery of the goods both postponed

(d) neither the time of payment of price nor the time of delivery of the goods is postponed.
166. The rule governing the passing of property in goods in cases of sale of specific goods
to be put in a deliverable state, is contained in (a) section 20 of the Sale of Goods Act, 1930
(b) section 21 of the Sale of Goods Act, 1930 (c) section 22 of the Sale of Goods Act, 1930
(d) section 23 of the Sale of Goods Act, 1930. 167. Under section 21 of the Sale of Goods
Act, 1930, in a contract of sale of specific goods to be put in deliverable state, the property in
goods passes to the buyer

(a) when the goods are put in a deliverable state

(b) when the goods are delivered to the buyer (c) when the goods are put in a deliverable
state and the buyer has notice thereof

(d) either (a) or (b) or (c) depending on the facts && circumstances.

168. For the application of section 21 of the Sale of Goods Act, 1930, the act to be done by
the seller shall not be

(a) for the purpose of putting the goods in a deliverable state

(b) for some other collateral purposes (c) either (a) or (b)

Page 29
(d) both (a) and (b).

169. Section 22 of the Sale of Goods Act, 1930 deals with cases

(a) where though the goods are ascertained


and a deliverable state, something has to be done by the seller for ascertaining the price (b)
where though the goods are ascertained and in a deliverable state and something is to be
done by the buyer for the ascertaining of price

(c) where though the goods are ascertained but something is to be done by the seller to put
them in a deliverable state

(d) both (a) and (b).

170. Section 22 of the Sale of Goods Act, 1930 does not apply where

(a) the weighing or measuring of the goods is to be done for the satisfaction of the buyer

(b) the weighing or measuring of the goods is to be done for ascertaining the price

(c) both (a) and (b)

(d) neither (a) nor (b).

171. 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.

172. Section 23 of the Sale of Goods Act, 1930 applies to

(a) ascertained goods

(b) specific goods

(c) unascertained goods

(d) all the above.

173. 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 sormething to put the goods ina deliverable state

(c) the buyer is to do something for ascertaining the price

Page 30
do something fo

(d) the seller is to ascertaining the price.

174. Section 23 of the Sale of Goods Act, 1930, applies to a contract for sale of
unascertained

goods

(a) by sample

(b) by patent or other trade name

(c) by deseription

(d) by sample as well as by description.

175. Under section 23 of the Sale of Goods A 1930, the property in goods changes to tfhe
buyer when there is

(a) an unconditional appropriation of he

goods to the contract by the seller without the assent of the seller

(b) an unconditional appropriation of the goods to the contract by the buyer without the
assent of the seller

(c) conditional appropriation of the goods to the contract by the seller with the assent of the
buyer or by the buyer with the assent of the seller

(d) an unconditional appropriation of the goods to the contract by the seller with the asset of
the buyer or by the buyer with the assent of the seller.

176. Assent to the appropriation of goods to the contract of sale of goods, under section 23
of the Sale of Goods Act, 1930, can be given (a) before the appropriation

(b) after the appropriation

(c) either before or after the appropriation

(d) only before and not after the appropriation. 177. Unconditional appropriation within the
meaning of section 23 of the Sale of Goods Act, 1930, means

(a) there is a reservation of the jus disponendi (b) there is no reservation of the jus
disponena (C) there may be a reservation of the jus disponendi

(a) there may not be a reservation of the js disponendi.

178. Under section 23(2) of the Sale of Goods At

1930, delivery of the goods to the carrier

would not pass the property in the the buyer


goods to

(a) where the seller - reserves the jus disponendi (b) where the seller does not reserve the
jus disponendi

(c) irrespective of whether the seller has reserved the jus disponendi or not, until the

Page 31
goods are actually handed over to the buyer

(d) until the goods reach the destination irrespective of whether the seller has reserved the
jus disponendi or not.

179. In ship building contracts, if the ship is to be paid for by instalments, property in the ship
passes

(a) on payment of the last instalment

(b) on payment of the half of the instalments

(c) on payment of the first instalment

(d) on making of the contract.

180. Where the goods are to be delivered in future and the seller becomes insolvent before
any appropriation is made

(a) the property in goods passes to the buyer and the buyer acquires interest in the goods

(b) the property in goods does not pass to the buyer and the buyer acquires no interest in
the goods

(c) the property in goods passes but the buyer does not acquire any interest in the goods

(d) the property in goods does not pass but the buyer acquires interest in the goods.

181. Section 24 of the Sale of Goods Act, 1930, deals with passing of property in goods
where (a) the goods are sent on approval

(b) the goods are sent 'on sale or return' basis

(c) both (a) and (b)

(d) either (a) or (b).

162. "Buyer in section 24 of the Sale of Goods Act, 1930 signifies

(a) one who necessarily falls within the definition of buyer under section 2(1) of the Act

(b) a bailee in possession with option tó purchase the goods


(c) a pledgee of the goods

(d) either (a) or (b) or (c).

D Onder section 24 of the Sale of Goods Act, 930, in cases of goods sent 'on approval' or
On sale or return' basis, the property in goods does not pass

(a) until the approval is signified by the buyer

0) until the goods are kept beyond the prescribed period where the period is fixed

until the goods are kept beyond a reasonable period where the period is not fixed

Page 32
(d) either (a) or (b) or (c).

184. 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).

185. Section 25 of the Sale of Goods Act, 1930,

deals with

(a) unconditional appropriation of the goods

to the contract of sale

(b) conditional appropriation of the goods to the contract of sale

(c) both (a) and (b)

(d) neither (a) nor (b).

186. Section 25 of the Sale of Goods Act, 1930 provides that

(a) in conditional appropriation of goods to the contract, the property in goods passes to the
buyer when the goods are delivered to him

(b) in conditional appropriation of goods to the contract, the property in goods does not pass
to the buyer although the goods are delivered to him even if the condition imposed by the
seller is filled
(c) in conditional appropriation of goods to the contract, the property in goods does not pass
to the buyer although the goods are delivered to him until the condition imposed by the seller
is fulfilled

(d) in conditional appropriation of goods to the contract, the property in goods passes
immediately on appropriation.

187. Where the seller ships the goods but takes the bill of lading in his own name at buyer's
place, under section 25 of the Sale of Goods Act, 1930, in such a situation, the seller

(a) has reserved jus disponendi

(b) has not reserved jus disponendi

(c) has the option to reserve jus disponendi (d) may or may not have reserved jus
disponendi.

188. Where the terms of a contract of sale of goods are such that by reserving the right of

Page 33
disposal, the seller commits breach of the contract and the goods are appropriated to the
contract,

(a) causes the property in goods to pass

(b) does not cause the property in goods to pass

(c) may cause the property in goods to pass (d) either (b) or (c).

189. Where the seller appropriates the goods on shipment, yet deals with the bill of lading in
such a way as to prevent the buyer obtaining possession of the goods without payment of
the price, the property in goods shall (a) pass to the buyer absolutely

(b) not pass to the buyer at all

(c) pass to the buyer subject to seller's lien for the price

(d) either (b) or (c).

190. In which of the following cases there is no reservation of jus disponendi by the seller (a)
where a railway receipt is taken in the

name of the consignee and the receipt, invoice and bill of exchange for the price are sent to
the bank to be given to be buyer after he met the bill

(b) where the parties agree that payment allowed to be made in instalments was to be
deemed as payment in full at the time of delivery of the goods sold

(c) both (a) and (b)


(d) neither (a) nor (b).

191. Section 26 of the Sale of Goods Act, 1930 lays

down the rule

(a) risk follows the property

(b) risk follows the delivery

(c) risk follows the defaulter (d) all the above.

192. By an agreement between the parties

(a) risk cannot be separated from ownership (b) risk can be separated from ownership in
particular

(c) either (a) or (b)

(d) only (a) and not (b).

193. In a contract of sale of goods, if the parties agree that the seller should send the goods
to the buyer at owner's risk, the delivery to the carrier will

(a) tantarnount to delivery to the buyer but the risk will not pass

Page 34
(b) neither tantamount to delivery to the buyer

nor the risk will pass

(c) not tantamount to delivery to the buyerl risk will pass

(d) tantamount to delivery to the buyer and

the risk will also pass.

194. The consent in section 27 contemplates

(a) consent in fact

(b) consent of goods (c) consent of price (d) none of above.

195. In a situation where the loss in respect ot goods has occurred through the default of
party, the goods are,

a) at the risk of the seller if the property in goods has not passed

(b) at the risk of the buyer if the property in goods has passed
(c) at the risk of the defaulting party irrespective of whether the property in goods has
passed or not

(d) either (a) or (b).

196. Section 27 of the Sale of Goods Act, 1930

provides for

(a) transfer of risk in goods

(b) transfer of title in goods

(c) transfer of property in goods (d) all the above.

197. The rule in the Latin maxim 'nemo dat quod non habet' under the Sale of Goods Act,
1930 is contained in

(a) section 27

(b) section 29

(c) section 26

(d) section 28.

198. The Latin maxim 'nemo dat quid non habet' as contained in section 27 of the Sale of
Goods Act, 1930 means

(a) an innocent and bona fide purchaser gets a proper title as of a true owner

(b) no man can pass a better title than he has () an innocent occupier of goods can passa
proper title

(d) a finder of goods can pass a proper ate 199. Section 27 of the Sale of Goods Act, 1

provides for

(a) estoppel against the seller of the goods having no title

(b) estoppel against the buyer of the goods

Page 35
(c) estoppel against the true owner of the goods

(d) all the above.

00. The rule of estoppel as contained in section 27 of the Sale of Goods Act, 1930 is on the
principle of

la) 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.

201, The term 'mercantile agent' as used in section 27 of the Sale of Goods Act, 1930, has
been defined under

(a) section 2(7)

(b) section 2(9)

(c) section 2(8)

(d) section 2(11).

202. The term merchantile agent as defined under section 2(9) of the Sale of Goods Act,
1930, includes

(a) a servant

(b) a care taker

a person in possession of goods for a special purpose

(c)

(d) none of the above.

203. Under section 27 of the Sale of Goods Act, 1930, a sale by a merchantile agent is valid
where the merchantile agent is

(a) in possession of the goods as merchantile agent with the consent of the oWner

(b) in possession of the goods as merchantile agent without the consent of the owner

() in possession of the goods as merchantile agent with or without the consent of the

OWner

(0) is not in possession of the goods as merchantile agent but has the consent of the owner.

204. Passing of property in goods on sale by one of the joint oWners is regulated under the
Sale of Goods Act, 1930 by

(a) section 27

(b) section 28

(c) section 29

(d) section 30. 205.One


joint owners of goods under

of the

On 28 of the Sale of Goods Act, 1930, can

Pass a valid title to the buyer, where

(a) he is in sole possession of the goods in his

Own right

Page 36
(b) he is in sole possession of the goods without the permission of other co-owners (c) he is
in sole permission of the goods with the permission of other co-owners

(d) he is in possession of the goods alongwith another co-owner.

206. Under section 28 of the Sale of Goods Act, 1930, a buyer from one of the joint owners
of the goods get a good title if he buys the goods (a) in good faith

(b) without having notice of any want of authority in the seller

(c) either in good faith or without having notice of any want of authority in the seller (d) in
good faith and without having notice of any want of authority in the seller.

207. A sale of goods by a person in possession of goods under a voidable contract, can
pass a valid title to the buyer, as provided under

(a) section 28 of the Sale of Goods Act, 1930 (b) section 29 of the Sale of Goods Act, 1930
(c) section 30 of the Sale of Goods Act, 1930 (d) section 31 of the Sale of Goods Act, 1930.
208. 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.

209. Section 30 of the Sale of Goods Act, 1930 provides for passing of property in goods on
(a) sale by one of the joint owners

(b) sale by person in possession voidable contract

under
(c) sale by a merchantile agent

(d) sale by a person in possession of goods after sale.

210. For the purposes of section 30(1) of the Sale of Goods Act, 1930, the possession of the
seller over the goods or documents of title, after the sale

(a) shall be with the consent of the buyer

Page 37
(b) need not be with the consent of the buyer

and may be entirely tortuous as against the buyer

(c) either (a) or (b)

(d) only (a) and not (b).

211. Section 30(1) of the Sale of Goods Act, 1930,

applies where

(a) the subsequent transfer is by way of sale (b) the subsequent transfer is by way of pledge
(c) the subsequent transfer is by other dispositions

(d) the subsequent transfer is by way of sale, pledge or other disposition.

212. Section 30(1) of the Sale of Goods Act, 1930 does not apply

(a) where there has been delivery of the goods to the subsequent buyer

(b) unless there has been delivery of the goods to the subsequent buyer

(c) where there has been transfer documents of title to the subsequent buyer (d) both (a)
and (c).

of

213. Under sub-section (2) of section 30 of the Sale of Goods Act, 1930, the possession of
goods

(a) must be obtained by the buyer with the consent of the seller

(b) may be an erntirely tortuous possession as against the seller

(c) either (a) or (b)

(d) neither (a) nor (b).

214. Section 30(1) of the Sale of Goods Act, 1930


does not apply, where

(a) the subsequent transfer is by way of hire- purchase

(b) the subsequent transfer is by way of sale (c) the subsequent transfer is by way of pledge
(d) both (a) and (c).

215. Sub-section (2) of section 30 of the Sale of Goods Act, 1930 does not apply

(a) where the buyer obtains the documents of

title after the property in goods has passed to the buyer but the goods are still subject to the
seller's lien or right of stoppage in transit

(b) where the buyer obtains the documents of title in his own right

(c) both (a) and (b)

(d) neither (a) nor (b).

216. Under sub-section (2) of section 30 of the Sale of Goods Act, 1930, the buyer in
possession of

Page 38
goods can pass a valid title to the subsequent

buyer

(a) if the possesuion of the property is obtained by the buyer with the consent of the seller
and that consent has not been subequenty

withdrawn

(b) if the possession of the property is obtaineod by the buyer with the consent of the sellee

and that consent has not been subequently

withdrawn

(c) if the possession of the property is obtained by the buyer with the consent of the seler it is
immaterial that the consent wa subsequently withdrawn

(d) only (a) and not (b) or (c.

17. 'Consent' under section 30(2) of the Sale of Goods Act, 1930 means

(a) free consent

(b) agrecing on the same thíng in the sarne

Sense
(c) free consent as well as agreeing orn the same thing in the same sense

(d) consent which may be obtained by fraud making the contract voidable and not void.

18. Chapter IV of the Sale of Goods Act, 1930, deals with

(a) performance of the contract (b) effects of the contract

(c) rights of the unpaid seller

(d) formation of the contract.

19. Section 32 of the Sale of Goods Act, 1930 provides that

(a) the delivery of goods shall precede the payment of the price

(b) the payment of price shall be a condition precedent for delivery of goods

(c) the delivery of goods and the payment of price shall be concurrent condition

(d) the delivery of goods and the payment of price shall be conditions subsequent. 220. The
obligation arising under section 32 of the

Sale of Goods Act, 1930

(a) are subject to the other provisions of the Act

(b) may be modified by agreement between the parties

(c) cannot be modificd by agreement between the parties

(d) both (a) and (c).

Page 39
921. In which of the following contracts, the payment of price and delivery of goods are not
concurrent conditions (a) ci.f. contracts

(b) a sale on credit

(c) both (a) and (b)

(d) neither (a) nor (b).

222. Delivery of goods sold to the buyer, under section 33 of the Sale of Goods Act, 1930,
can

be

(a) actual
(b) symbolical

(c) constructive

(d) either (a) or (b) or (c).

223. In a ci.f. contract

(a) delivery of invoice, etc., to the buyer amounts to delivery of goods to the buyer

(b) receipt of money by the seller amounts to delivery of goods to the buyer

(c) neither deliver of invoice, etc., to the buyer nor the receipt of money by the seller
amounts to delivery of goods to the buyer (d) either (a) or (b).

224. Which of the following are the instances of constructive delivery of goods under a
contract of sale of goods

(a) a seller of goods after sale, holding the goods as buyer's bailee

(b) a buyer already in possession of goods, after sale, holding the same on his own account

(c) goods in third party's hand and such third party attorns to the buyer

(d) all the above.

225. In case of constructive delivery of goods to the buyer through attornment, as between
the buyer and the seller to be complete

(a) all the three parties seller, buyer and third party - must concur

(b) the seller and the buyer must concur

(c) the seller and the third party must concur (a) the buyer and the third party must concur. 0,
1n which of the following cases, there is no delivery of goods to the buyer within the heaning
of section 33 of the Sale of Goods Act, 1930

la) consignee signing the delivery book and surrenderíng the railway receipt

(0) buyer cutting the free under a contract of sale of the wood of fallen trees

(c) both (a) and (b)

Page 40
(d) neither (a) nor (b).

227. Effect of part delivery of goods under a contract of sale of goods has been dealt with
under
(a) section 34 of the Sale of Goods Act, 1930 (b) section 33 of the Sale of Goods Act, 1930
(c) section 32 of the Sale of Goods Act, 1930 (d) section 35 of the Sale of Goods Act, 1930.
228. Section 34 of the Sale of Goods Act, 1930 lays down that

(a) part delivery of goods is always the delivery of the whole

(b) part delivery of goods may be delivery of the whole if it is so intended or agreed between
the parties and not otherwise

(c) delivery of a bulk of the goods is delivery of the whole always

(d) part delivery of goods is never the delivery of the whole of the goods.

229. The burden of the proof that a part delivery of goods is the delivery of the whole, under
section 34 of the Sale of Goods Act, 1930 is

(a) on the party who affirm it

(b) on the party who assails it

(c) on both the parties

(d) only (b) and not (a) and (c).

230. For part delivery of goods to be the delivery of the whole, under section 34 of the Sale
of Goods Act, 1930

(a) the part delivery must be with intention of severing it from the whole

(b) the part delivery must be in progress of the delivery of the whole

(c) either (a) or (b)

(d) both (a) and (b).

231. 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.

232. Within the meaning of section 35 of the Sale of Goods Act, 1930

Page 41
(a) seller is not bound to deliver the goods until the buyer applies for delivery
(b) seller is bound to deliver irrespective of buyer's application

(C) provision for delivery not provided in the section

(d) none of above.

233. The rules as to delivery of goods under a contract of sale of goods, are contained in (a)
section 36 of the Sale of Goods Act, 1930 (b) section 35 of the Sale of Goods Act, 1930 (c)
section 38 of the Sale of Goods Act, 1930

(d) section 37 of the Sale of Goods Act, 1930. 234. Where in a contract for sale of goods
there is

no express or implied provision as to place of delivery of the goods, under section 36 of the
Sale of Goods Act, 1930, the goods would be deemed to have been delivered

(a) at the place where they were at the time of sale

(b) at the buyer's place

(c) at the seller's place

(d) at the place away from the seller's place.

235. The rule contained in sub-section (1) of section 36 of the Sale of Goods Act, 1930
applies to

(a) the time of delivery

(b) the place of delivery

(c) both (a) and (b)

(d) only (b) and not (a).

236. Section 36(1) of the Sale of Goods Act, 1930 is applicable

(a) where the place of delivery is fixed but not the time of delivery

(b) where the timne of delivery is fixed but not the place of delivery

(c) where both the time and the place of delivery are fixed

(d) where either the time of delivery or the place of delivery is fixed.

237. In F.0.B. contracts for the sale of goods the

delivery is effected

(a) when the contract is entered into


(b) from the time the goods are put on board

(c) from the time when the goods are remnoved from the seller's premises for putting the
same on board

(d) from the time the goods reach the destination.

Page 42
238. Where a contract of sale of goods the time within which the seller is bound send the
goods to the buyer, under 36(2) of the Sale of Goods Act, 1930, the selen

is bound to send the goods, within

(a) the shortest possible time

(b) the mirimum time

a reasonable time

(c)

(d) the maximum time.

239. A 'reasonable hour within the meaninyt section 36(4) of the Sale of Goods Act, 198

(a) pure question of fact

(b) pure question of law

(c) mixed question of fact and law

(d) neither (a) nor (b) but (c).

240. Section 36(5) of the Sale of Goods Act, 13 provides for

(a) the liability of the buyer for the expenses df and incidental to putting the goods in 2
deliverable state

(b) the liability of the seller for the experses if and incidental to putting the goods in a
deliverable state

(c) both (a) and (b)

(d) either (a) and (b).

241. In a F.0.B. contract, by virtue of section 365

of the Sales of Goods Act, 1930


(a) the seller must bear all expenses necessa) to release the shúp owners lien

(b) the seller must pay the freight and insurance charges

(c) the seller must bear the expenses upo shipment

(d) the seller must pay all charges to be paia enable the goods to be removed from the deck.

242. Where the contract for the sale of goos provides for delivery 'ex-ship', by virtue section
36(5) of the Sale of Goods Act, 13% the seller

(a) shall bear all expenses necessary to 1 release

the ship-owner's lien

(b) shall pay the freight and insurance charge

(c) shal pay all charges to be paid to enabe

the goods to be removed from the dock (a) shall pay all expenses upto shípment. 243. If
there is a contract for sale of a specific or ascertained goods, the property in them is

transferred to the buyer at such time as the

Page 43
ia) parties to the contract intend it n be transfered

b) law provides it to be transferred rt permits it to be transferred i) onty the buyer intenda t to


be transferre Under section 3? of the Sale of Geods Act, 190, in ease of delivery of wrong
quantity of goods, the buyer has a right to

i)

(a) ryjet the hole

(h) apt the whołe

) aogt the quantity incduded in the contract and njex the rest

d) eithe (a) or b) or (c)

(e) either (a) or (b) and not (c).

A5 Unde section 37 of the Sale of Goods Act, 1990, the buyer has a right to reject the whole
of the goods delivered

ial wher the quantity delivered is Jess than the quantity contracted for

( where the quantity delivered is larger than the quantity contracted tor

ic) ether (a) or (b)


{d) onty (a) and not (b).

D6 Where the goods delivered to the buyer are mixed with gonds of a different description
no included in the contract, under section 373) of the Sale of Goods Ac, 1930, the buyer ia)
cannot reject the whoe

e can aKept the goods which are in accordance with the contract and reject the

ic) either (a) or (b)

(d neither (a) nor (b)

47.Where a a delivery of wrong quantity of goods

as been accepted by the buyes, under section 37ot the Sale of Goods Act, 1930, the buyer
is M) lopay for the goods at the contract rate

to pay tor the goods af the market rate

py tur the guuds at the contrat rate or the market rate wucheves is less

(d) t to pay đor the gouds at the price arrived at n fresh negotiation baetween tthe parties.
uie de minimis nON curat lex means

u) the trivial discrepancies must not be over

luoked

fb) the trivial dincrepancies must be ver-

lonked

ig the sHgruficant discepancies must be over

luoked

Page 44
(d) the significant discrepancies must not be

over-looked.

249. The burden of proving that the breach of contract falls within the principle de mrinimis
nOn CHTnt lex, is on

(a) the party seeking to excuse the breach

(b) the party seeking to assail the breach {c) both (a) and (b)

(d) either (a) or (b).


250. Section 38 of the Sale of Goods Act, 1930

provides for

(a) wrong deliveries

(b) instant deliveries

(c) one time deliveries

(d) instalment deliveries.

251. Under section 38 of the Sale of Goods Act,

1930, a buyer is bound to accept the delivery by instalments

(a) generally

(b) where there is a contract between the parties

(c) either (a) or (b)

(d) both (a) and (b).

252. Where there is an agreement for delivery of goods by instalments

(a) the contract stands split up into as many separate contracts as there are instalments (b)
the contract remains one and entire not divisible in performance

(c) the contract remains one and entire through divisible in performance

(d) the contract stands split up into as many separate contracts as there are payments of
price.

253. Where there is an agreement for delivery of goods in instalments, however, the contract
đoes not specify the amount of the instalment, (a) the deliveries are to be rateably distributed
over the period fxed

(b) the seller is to decide the quantity in each instalment

(c) the buyer is to decide the quantity in each instalment

(d) the deliveries have to be in the fixed number of instainents ad the quantity may be quite
less iR one whereas excessive

254. Under section 38 of the Salę of Goods Ast 1930, where the contract prOvides for
delivery

Page 45
by instalments o be separately paid for, breach of the same in respect of
(a) even one instalment/payment amounts to repudiation of the whole contract always (b)
more than one instalments/payments amount to repudiation of the whole contract always

(c) one Or more instalments/paymernts amount to repudiation of the whole contract or not
depends on the ternms of the contract

(d) only (a) and not (b) or (c).

255. Section 39 of the Sale of Goods Act, 1930 provides that where in pursuance of a
contract of sale,

(a) delivery of goods to the carrier for the purposes of transmission to the buyer, is a delivery
to the buyer

(b) delivery of goods to the carrier for the purposes of transmission to the buyer, is not a
delivery to the buyer unless the goods reach its destination

(c) delivery of goods to the carrier for the purposes of transmission to the buyer is not a
delivery to the buyer unless the goods are removed by the buyer

(d) delivery of goods to the carrier for the

purposes of transmission to the buyer is a delivery to the buyer only if the carrier is named
by the buyer.

256. The rule laid down under section 39 of the

Sale of Goods Act, 1930 is

(a) an absolute rule

(b) a prima facie rule

{c) a general rule not liable to be modified easily

(d) either (a) or (b).

257, The rule enunciated under section 39(1) of the Sale of Goods Act, 1930 is in the nature
of

(a) a concdusive presumption

(b) an irrebuttable presumption

(c) a rebuttable presumption

(d) either (b) or (c.

258. The rule contained in sub-section (3) of section 39 of the Sale of Goods Act, 1930, does
not apply to

(a) ci.f. contracts


(b) ex-ship contracts

(c) both (a) and (b)

(d) neither (a) nor (b).

Page 46
259. Section 39(3) of the Sale of Goods Act, ,1940,4

applicable where the seller sends the buyer by a

he goodst

(a) route involving sea-transit (b) a route involving road-transit (c) a route involving air-transit
(d) all the above.

260. The right to sue a carrier lies

(a) with the seller who delivers the goods to

the carrier

(b) with the buyer to whom the goods have

been transmitted

(c) with the party in whom the property in

goods vest

(d) only the buyer and not the sell irrespective of in whom the property i goods vest.

261. Section 40 of the Sale of Goods Act. 1931 deals with a case

(a) where property in goods has passed to the buyer without delivery

(b) where property in goods passes to the buyer with delivery only

(c) where property in goods has not passed to the buyer but goods delivered to the buyer (d)
where neither the property in goods has passed nor goods delivered to the buyer. 262. The
rule enunciated under section 40 of the Sale of Goods Act, 1930, applies to (a) non-
perishable goods

(b) perishable goods

(c) both (a) and (b)

(d) neither (a) nor (b).

263. The rule under section 40 of the Sale of Goods Act, 1930, provides that
(a) risk of natural deterioration in the gos during transit for delivery at a distarnt plae shall be
on the buyer

(b) risk of natural deterioration in the gos during transit for delivery at a distant plae shall be
on the seller

(c) risk of extraordinary deterioration in u goods during transit for delivery at a distant place

(d) both (a) and (c).

264. The rule contained in section 40 of the Sale Goods Act, 1930 can be made inapplicable
y (a) special agreement between the parties (b) usage of the trade

(c) both (a) and (b)

Page 47
(d) either (a) or (b),

265. Buyer'% right to examine the goods on delivery

is contained in

(a) section 40 of the Sale of Goods Act, 1930 ) section 41 of the Sale of Goods Act, 1930 ie)
section 42 of the Sale of Goods Act. 1930 id) section 43 of the Sale of Goods Act, 1930.

266. Section 4l of the Sale of Goods Act, 1930 gives

the buyer, on delivery of goods

ia) a right to examine the goods not previously examined

() a right to examine the goods previously examined

ic) a right to examine the goods irrespective of whether the Same were previously

examined or not

(d) no right of examination of goods.

267, Section 41 of the Sale of Goods Act, 1930 requires that before acceptance there shall
be (a) an actual examination of the goods by the buyer

(b) a reasonable opportunity of examination of the goods to the buyer

(c) no opportunity of examination of the goods to the buyer

(d) no delivery of the goods to the buyer.

268. Under section 41 of the Sale of Goods Act, 1930, on delivery of goods

(a) it is the buyer's business to verify whether the goods conform to the contract
(b) it is for the seller to supply further proof that the goods delivered are in conformity with
the contract

(c) it is for both the parties to verify and supply the proof respectively

(d) it is either for the buyer to verify or the seller to supply further proof as to conformity of
goods with the contract.

Z69.The time and place of examination of goods

by a buyer can be

(a) the time and place of delivery

(b) the place of the final destination

(c) either (a) or (b)

(d) only (b) and not (a).

270. 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

(0) the right to reject the goods on second examination as regards laternt defects

Page 48
t) both (a) snd (b)

td) neither ta) nor (b),

271, fSection 42 of the tiale of Gnnds Ad, 1930 deals

with

(a) oxamination of ynds by the uyer

(h) risk vwhere the gonds are delivered af a distant pace

tej iability of buyer on refiusing the delivery (d) acceptance of gods by the byer,

272, Under section 42 of the Sale of Goods Act, 190, there is an scceptanee by the buyer
when the buyer

(a) specifically intimates so to the seller (b) does omething inconsistent with the ownership of
the seller, after goods delivered to him

() by retaining the goods without intirnation to the seller, after the lapse of reasonable
time

(d) either (a) or (b) or (c),

273, Under section 42 of the Sale of Goods Act, 1930, acceptance of goods by the buyer

(a) can be absolute

(b) can be conditional

(c) either (a) or (b)

(d) only (a) and not (b).

274. Where a buyer having a right to reject the goodn, rejects the goods, under section 43 of
the Sale of Goods Act, 1930

(a) he is bound to intimate the rejection to the teller and to return the goods to the seller

(b) he is bound to intimate the rejection to the seller but not bound to returm the goods to the
seller

(c) he is not bound to intimate the rejection of goods to the seller but bound to return the
same to the seller

(d) he is neither bound to intimate the rejection nor to return the goods to the seller.

275. Where the buyer rejects the goods and gives

notice of the same to the seller

(a) the goods remain at the risk of the buyer so long as they are not delivered to the carrier
for transmission back to the seller

(b) the goods remain at the risk of the buyer so long as the buyer remains in possession of
the Banne

(c) the goods remain at the risk of the seller though in possession of the buyer

(d) neither (a) nor (c) but only (b).

Page 49
276. The position of a buyer of goods in possession of the goods after rejection of the goods
and having intimated the same to the seller, is that of

(a) an involuntary bailee of the goods

(b) an unpaid seller of the goods and can claim to keep them as security for purchase money
paid in advance
(c) both (a) and (b)

(d) either (a) or (b).

277. Under section 44 of the Saie of Goods Act, 1930, the seller must be ready and willing to
deliver

(a) a part of the goods

(b) bulk of the goods

(c) the entire goods

(d) either (a) or (b) or (c).

278. Delay in taking the delivery of the goods by the buyer, under section 44 of the Sale of
Goods Act, 1930, entities

(a) the seller to rescind the contract

(b) the seller to change the buyer with warehouse expernses

(c) the buyer to rescind the contract

(d) both (a) and (b).

279. Rights of an unpaid seller against the goods, under the Sale of Goods Act, 1930, have
been prescribed in

(a) Chapter V

b) Chapter VI

(c) Chapter VII

(d) Chapter IV.

280. Chapter V of the Sale of Goods Act, 1930 provides for

(a) rights of unpaid seller against the buyer (b) rights of unpaid seller against the goods (c)
rights of unpaid seller against the carrier (d) all the above.

281. 'Unpaid seller of goods has been defined

under

(a) section 45 of the Sale of Goods Act, 1930 (b) section 44 of the Sale of Goods Act, 1930
(c) section 47 of the Sale of Goods Act, 1930

(d) section 46 of the Sale of Goods Act, 1930. 282. Under section 45 of the Sale of Goods
Act, 1930, a seller of goods is an 'unpaid seller when

(a) part of the price has not been paid


(b) substantial portion of the price has not been paid

Page 50
the whole of the price has not been paid

(d) either (a) or (b) or (c).

283. In case of conditional payment through a

negotiable instrument, under section 45 of the

Sale of Goods Act, 1930, the seller is unpaid (a) if the buyer fails to meet the bills at

maturity

(b) if the buyer becomes insolvent during the

currency of the bill

(c) either (a) or (b)

(d) only (a) and not (b).

284. Where there is a conditional payment throyoh a negotiable instrument, during the
curreno of the bills

(a) the vendor's lien over the goods shal remain in force

(b) the vendor's lien over the goods shal remain suspended

(c) the vendor's lien Over the goods

extinguishes for all times

(d) the vendor's lien over the goods shall never be suspended and remains in force.

285. During the currency of the bill of exchange the vendor's lien over the goods, shall
remain suspended where the instrument operates as (a) conditional payment

(b) absolute discharge

(c) either (a) or (b)

(d) neither (a) nor (b).

286. Section 46 of the Sale of Goods Act, 1930 declares

(a) what is meant by unpaid seller


(b)► what rights the unpaid seller has against the goods

(c) what rights the unpaid seller has agans the buyer

(d) both (b) and (c).

287. Section 46 of the Sale of Goods Act, Y prescribes, the rights of the unpaid sel against
the goods where

(a) the property in goods has passed to the

buyer

(b) the property in goods has not passed to the

buyer

(c) both (a) and (b)

(d) only (a) and not (b).

288. After the passing of property goods to the buyer, under section 46 of the Sale of Goods

Act, 1930, the unpaid seller has a right or (a) lien over the goods

Page 51
(b) stoppage of goods in transit

(c) re-selling the goods (d) all the above.

90. Section 47 of the Sale of Goods ACt. 1930 prescribes the circumstances in which

(a) the right of lien over the goods is available to the unpaid seller

(b) the right of stoppage in transit is available to the unpaid seller

(c) the right to re-sale the goods is available to the unpaid seller (d) all the above.

290. The unpaid seller, under section 47 of the Sale of Goods Act, 1930 can exercise his
right of lien

(a) when he has parted with the possession of the goods

(b) when he is in possession of the goods (c) when he has parted with the possession as
well as when he is in possession of the goods

(d) and it is immaterial whether he is in

possession of the goods or not but the goods must not be in possession of the buyer.
291. The right of lien, under section 47 of the Sale of Goods Act, 1930, can be exercised by
the unpaid seller on failure of the buyer in paying the price

(a) during his solvency

(b) on account of his insolvency

(c) either (a) or (b)

(d) only (b) and not (a).

. Ihe right of lien is available to the unpaid Seller, under section 47 of the Sale of Goods Act,
1930, when he is in possession of goods (a) in his own right

(0) as an agent of the buyer

(c) as a bailee for the buyer

(d) either (a) or (b) or (c).

293. Under section 47 of the Sale of Goods Act,

Y80, right of lien is available to the unpaid seller in possession of goods, where

(a) the buyer has become insolvent

(b) the goods were sold without any

stipulation as to credit

9 the term of credit has expired for goods sold on credit

(a) either (a) or (b) or (c).

Page 52
294. The right of lien, under section 47 of the Sale of Goods Act, 1930, is available to the
unpaid seller against

(a) the payment of price of goods

(b) the payment of other charges incurred by the seller

(c) both (a) and (b)

(d) either (a) or (b).

295. 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

() the entire goods inciuding the remainder

(d) neither the goods delivered nor the remainder.

296. In case of a contract of delivery of goods in instalments and price payable on complete
delivery, the right of lien is not available (a) from the very beginning and the buyer can claim
delivery of all the instalments

(b) on buyer becoming insolvent before the delivery of all instalments

(c) both (a) and (b)

(d) neither (a) nor (b).

297. The right of lien is lost by the unpaid seller, under the circumstances stated in

(a) section 47 of the Sale of Goods Act, 1930 b) section 48 of the Sale of Goods Act, 1930
(c) section 49 of the Sale of Goods Act, 1930

(d) section 50 of the Sale of Goods Act, 1930. 298. Under section 49 of the Sale of Goods
Act, 1930, the unpaid seller loses his right to lien over the goods

(a) on delivery of goods to the carrier for transmission to the buyer reserving jus- disponendi

(b) on delivery of goods to the carrier for transmission to the buyer without reserving jus-
disponendi

(c) on đelivery of goods to the carrier for transmission to the buyer irrespective of whether
jus-disponendi has been reserved or

not

(d) either (b) or (c).

299. Under section 49 of the Sale of Goods Act. 1930, the right of lien of the unpaid seller is
lost

(a) where the buyer lawfully obtains the possession of the goods

Page 53
(6) where the buyer obtains the possession of the goods by a criminal act

(c) where the buyer obtains the possession of the goods by a tortuOus act (d) either (a) or
(b) or (c).

300. In which of the following cases the right of lien is lost by the unpaid seller,
(a) where the seller's agent in possession of goods attorns to the buyer

(b) where the buyer is in possession of goods as seller's bailee and the sale is completed (c)
where the buyer obtains the possession of the goods in his own right

(d) all the above.

301. The unpaid seller of goods can waive his right

to lien

(a) expressly

(b) impliedly

(c) either expressly or impliedly

(d) only expressly and not impliedly.

302. The unpaid seller does not lose his right of

lien

(a) by assenting to a resale by the buyer

(b) by obtaining a decree for the price of goods (c) by wrongfully re-selling the goods (d)
either (a) or (b) or (c).

303. Right of the unpaid seller, as to stoppage in transit against the goods has been
provided under

(a) section 52 of the Sale of Goods Act, 1930 (b) section 51 of the Sale of Goods Act, 1930
(c) section 50 of the Sale of Goods Act, 1930 (d) section 49 of the Sale of Goods Act, 1930.
304. Right of lien of the unpaid seller against the goods, under section 47 of the Sale of
Goods Act, 1930, is subject to

(a) the other provision of the Sale of Goods Act, 1930

(b) any other law for the time being in force (c) the contract between the parties (d) all the
above.

305. Unpaid seller's right to stoppage in transit comes into existence, as provided under
section 50 of the Sale of Goods Act, 1930

(a) when the seller is in possession of the

goods

(b) when the seller has parted with the possession of the goods but the buyer has not yet
obtained the possession of the goods
Page 54
(c) when the seller has parted with the possession of the goods and the buyer has

obtained the possession thereof.

(d) all the above.

306. Unpaid sellers right of stoppage in transit i (a) wider in scope than the right to lien (b)
samne in scope as the right to lien

(c) similar in scope as the right to lien

(d) not similar in scope than the right to Jien

307. Under scction 50 of the Sale of Goods Ac, 1930, right of stoppage in transit is available
t the unpaid seller

(a) during the solvency of the buyer

(b) where the buyer has become insolvent

(c) during the solvency of the buyer as well as when the buyer becomes insolvent

(d) neither during the solvency of the buyer nor when the buyer has become insolvent.

308. The right of stoppage in transit is available to the unpaid seller in cases of

(a) carriage by land

(b) carriage by sea

(c) carriage by air

(d) all the above.

309, Duration of transit of goods has been provided under

(a) section 51 of the Sale of Goods Act, 1930 (b) section 52 of the Sale of Goods Act, 1930
(c) section 49 of the Sale of Goods Act, 1930 (d) section 50 of the Sale of Goods Act, 1930.
310. Under section 51 of the Sale of Goods Act, 1930, the goods are deemed to be in transit
(a) from the time when they leave the

premises of the seller for delivery to the carrier for transmission to the buyer, until they are
delivered to the carrier

(b) from the time when they are delivered to the carrier for transmission to the buyer, until
they reach the appointed destination (c) from the time when they are delivered to

the carrier for transmission to the buyer, until the buyer takes delivery from such carrier

(d) either (b) or (c).


311. The transit of goods under section 51 of the Sale of Goods Act, 1930, comes to an end
on (a) the delivery of goods to the carrier tor transmission to the buyer

(b) the arrival of goods at the appointed destination

Page 55
(c) the buyer taking delivery of the goods from the carrier

IẢ) neither (a) nor (b) nor (c).

312. Under section 51 of the Sale of Goods Act,

1930, the goods are in transit so long as they are in

(a) possession of the carrier qua buyver

(b) possession of the carrier qua carrier

(c) possession of the carrier appointed by the buyer qua the buyer

(d) either (a) or (b) or (c).

13. 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.

314. After notice to stop in transit to the carrier, the right of the unpaid seller as to stoppage
in transit shall

(a) be defeated by mistaken delivery of goods by the carrier to the buyer

(6) be defeated by a wrongful delivery of goods by the carrier to the buyer

(c) be defeated by either mistaken or wrongful delivery of goods by the carrier to the buyer

(d) neither be defeated by mistaken nor by Wrongful delivery of goods by the carrier to the
buyer.

315. 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

) where the buyer obtains delivery of goods Irom the carrier before reaching the appointed
destination

I9 where the buyer obtains delivery of goods rom the carrier either before the goods

Page 56
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.

316. The transit of goods for the purposes of the right of the unpaid seller as to stoppage in
transit, under section 51 of the Sale of Goods Act, 1930, shall come to an end

(a) where the carrier attorns to the buyer at the

point of delivery of goods by the vendor for transmission to the vendee

(b) where the carrier attorns to the buyer after the goods have arrived at the appointed
destination

(c) where the carrier attorns to the buyer after leaving the place of start but before the goods
reach the appointed destination (d) either (a) or (b) or (c).

317. The attornment by the carrier, to the buyer which has the effect of putting an end to the
transit for the purposes of unpaid seller's right to stoppage in transit, against the goods (a)
has to be absolute

(b) may be subject to unpaid seller's lien against the goods

(c) may be subject to the lien of the carrier for his freight charges

(d) only (a) and not (b) or (c).

318. Where after the arrival of goods at the appointed destination, the carrier attorns to the
buyer and the buyer indicates a further destination for the goods, under section 51 of the
Sale of Goods Act, 1930

(a) the transit for the purposes of the unpaid seller's right to stoppage in transit comes to an
end and does not stand prolonged

(b) the transit for the purposes of the unpaid

seller's right to stoppage in transit stands prolonged till the further destination as indicated by
the buyer is not undertaken (c) the transit for the purposes of the unpaid seller's right to
stoppage in transit stands prolonged till the goods reach the new appointed destination
indicated by the buyer
(d) the transit for the purposes of the unpaid seller's right to stoppage in transit has come to
an end or not shall depend on the facts and circumstances of the case.

Page 57
319. Under section 51 of the Sale of Goods Act, 1930, transit of goods, for the purposes of
unpaid seller's right of stoppage in transit, comes to an end, where

(a) the carrier wrongfully refuses to deliver the goods to the buyer without having notice of
stoppage from the seller

(b) the carrier for a just cause, refuses to deliver the goods to the buyer without having
notice of stoppage from the seller (c) either (a) or (b)

(d) both (a) and (b).

320. The unpaid seller, under section 52 of the Sale of Goods Act, 1930, can exercise his
right of stoppage in transit, against the goods by

(a) giving notice of his claim to the carrier in whose possession the goods are

(b) taking actual possession of the goods

(c) either (a) or (b)

(d) only (a) and not (b).

321. The effect of sub-sale or pledge by the buyer of the goods on the rights of the unpaid
seller has been discussed under

(a) section 52 of the Sale of Goods Act, 1930 (b) section 53 of the Sale of Goods Act, 1930
(c) section 54 of the Sale of Goods Act, 1930 (d) section 51 of the Sale of Goods Act, 1930.

322. Section 53 of the Sale of Goods Act, 1930 provides that by sub-sale or pledge of goods
by the buyer, the unpaid seller's

(a) right of lien is defeated

(b) right of stoppage in transit is defeated

(c) right of lien and the right of stoppage in transit both are defeated

(d) neither the right of lien nor the right of stoppage in transit is defeated.

323. Under section 53 of the Sale of Goods Act, 1930 on sub-sale or pledge of goods by the
buyer, the unpaid seller's rights of lien and stoppage in transit are lost where

(a) the seller has assented to the subsequent sale or pledge of the goods by the buyer (b)
the sub-sale or pledge of the goods by the buyer is brought to the notice of the seller (c)
either (a) or (b)

(d) neither (a) nor (b).


324. The "assent" of the seller to the sub-sale or pledge of goods by the buyer, within the
meaning of section 53 of the Sale of Goods Act, 1930 shall be

Page 58
(a) such as to bring the factum of sub-contract

to his notice and he acknowledges th receipt of said notice

(b) such as in the circumstances shows that the seller intends to renounce his rights against

the goods

(c) such as in the circumstances shows that. seller intends to renounce his rights agains the
buyer

(d) either (a) or (b) or (c).

325. The burden of proving that the trarasfer of documents of title to the goods, under the
proviso to section 53(1) of the Sale of Goode Act, 1930, has been made in good faith and for
consideration is

(a) on the subsequent buyer

(b) on the first buyer

(c) on the original seller

(d) on the subsequent seller.

326. The doctrine of marshalling as recognised in the case of sale and mortgage of
immovable property has been made applicable to the sale of movables, by virtue of

(a) section 53(1) of the Sale of Goods Act, 1930 (b) section 53(2) of the Sale of Goods Act,
1930 (c) section 52(1) of the Sale of Goods Act, 1930 (d) section 52(2) of the Sale of Goods
Act, 1930.

327. A contract for sale of goods, under section 54 of the Sale of Goods Act, 1930, ipso
facto (a) stands rescinded by the exercise of right 0f lien by the unpaid seller

(b) stands rescinded by the exercise of right 0T stoppage in transit by the unpaid seller ()
starnds rescinder by the exercise of ethe the right of lien or the right of stoppage transit by
the unpaid seller

(d) does not stand rescinded by the exercise of the right of lien or the right of stoppage in
transit by the unpaid seller.

328. Section 54 of the Sale of Goods Act, 1930,

provides for the unpaid seller's


(a) right of lien

(b) right of stoppage in transit

(c) right of re-sale

(d) all the above.

329. 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

Page 59
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).

30. The right of re-sale of goods, by an unpaid seller, can be exercised in respect of goods
which are of a

(a) perishable nature

(b) non-perishable nature

(c) either of perishable or non-perishable nature (d) only of non-perishable nature and of
perishable nature.

331. The word 'perishable' in respect of goods, under section 54(2) of the Sale of Goods Act,
1930, means

(a) physically perishable

(b) commercially perishable

(c) either (a) or (b)

(d) both (a) and (b).

332. Under section 54(2) of the Sale of Goods Act, 1930, notice by seller of his intention to
re-sell

the goods to the buyer is

(a) necessary in case of perishable goods


(b) necessary in case of non-perishable goods

(c) both (a) and (b)

(d) neither (a) nor (b).

333. Under section 54(2) of the Sale of Goods Act, 1930, it is for

(a) the seller to plead and prove notice

(b) the buyer to plead and prove notice

(c) the subsequent buyer to plead and prove

notice

(d) either (b) or (c).

SS4. Where the seller gives notice of his intention t0 re-sell the goods to the buyer, and
thereafter sells the goods, under section 54(2) of the Sale of Goods Act, 1930

(a) the seller is liable to account for the surplus with the buyer and the buyer is liable for
damages

0) the buyer is not entitled to the profits of re- sale though he may be liable for damages 1)
the buyer is entitled to the profits of re-sale and not liable for damages

(a) the buyer is neither entitled for the proits On re-sale nor liable for the damages.

335. Where the seller re-sells the non-perishable

8oods without notice of his intention to re-sell

Page 60
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 re-sale 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 re-sale and not liable for damages

(d) the buyer is neither entitled for the profits or re-sale nor liable for damages.

336. Where the seller re-sells the goods without notice of his intention to re-sell to the buyer,
the subsequent buyer

(a) acquires a good title

(b) acquires a good title only when the first buyer ratifies the sale

(c) does not acquire a good title


(d) acquires a good title but subject to the right of the first buyer against him.

337. Under section 54(3) of the Sale of Goods Act, 1930, on re-sale of goods by the seller,
the subsequent buyer acquires a good title in case

of

(a) a valid sale

(b) a wrongful re-sale

(c) a valid re-sale as well as wrongful re-sale (d) only a valid re-sale and not a wrongful re-
sale.

338. For the purposes of section 54 of the Sale of Goods Act, 1930, the measures of
damages on re-sale, where the goods have been appropriated to the contract is

(a) the ifference between the contract price and the market price on the date of breach (b)
the difference between the contract price and the price realised

(c) the difference between the market price on the date of breach and the price realised (d)
the difference between the contract price and the price realised or the market price on the
date of breach whichever is lower.

339. Where the goods have not been appropriated to the contract and there is a re-sale of
goods under section 54 of the Sale of Goods Act, 1930, the measure of damnages on re-
sale shall be

(a) the difference between the contract price and the market price on the date of breach (b)
the difference between the contract price and the price realised on re-sale

Page 61
(c) the difference between the contract price

and the market price on the date of breach or the price realised whichever is lower (d) the
difference between the contract price and the market price on the date of breach or the price
realised whichever is higher. 340. Section 55 of the Sale of Goods Act, 1930 provides for

(a) the seller's right to sue the buyer for damages for non-acceptance of goods

(b) the buyer's right to sue the seller for damages for non-delivery of goods

(c) the parties right to sue for specific performance

(d) the seller's right to sue the buyer for the price of goods.

341. Under section 55(1) of the Sale of Goods Act, 1930, the seller has a right to sue the
buyer for the price of goods where

(a) the property in goods has passed to the buyer


(b) the property in goods has not passed to the buyer

(c) the property in goods has passed as well as the property in goods has not passed to the
buyer

(d) neither (a) nor (b).

342. 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.

343. Section 55(2) of the Sale of Goods Act, 1930,

applies where

(a) the delivery of goods to the buyer has taken place

(b) the delivery of goods to the buyer has not taken place

(c) either (a) or (b)

(d) neither (a) nor (b).

344. The measure of damages for the purposes of section 56 of the Sale of Goods Act, 1930
is (a) the difference between the contract price

and the lowest price on the date of breach of the contract

(b) the difference between the contract price and the market price on the date of breach of
the contract

Page 62
(c) the difference between

the contract

price

and the closing price of the immediately previous date of the breach of the contract (d) the
difference between the contract price and the highest price on the immmediately previous
date of the breach of the contract. 345. Section 57 of the Sale of Goods Act, 1930

entitles

(a) the buyer to claim damages from the sel. for non-delivery of goods
(b) the buyer to ask the seller for speife performnance of the contract

(c) the seller to claim damages from the buue. for non-acceptance of the goods

(d) the buyer to treat breach of condtion as a breach of warranty.

346. Under section 58 of the Sale of Goods Act 1930, specific performance of a contract of
sale of goods can be sought in cases

(a) where the goods are future goods

(b) where the goods are unascertained

(c) where the goods are specific or ascertained (d) either (a) or (b) or (c).

347. Section 58 of the Sale of Goods Act, 1930,

deals with a case of

(a) a purchaser (b) a seller

(c) either (a) or (b)

(d) both (a) and (b).

348. 'Specific performance' of a contract of sale of goods under section 58 of the Sale of
Goods Act, 1930, can be granted in favour of a buyer (a) where the goods are articles of
commerce readily available

(b) where the goods are of some peculiar value (c) either (a) or (b)

(d) both (a) and (b).

349. Section 59 of the Sale of Goods Act, 1930 authorises the buyer to

(a) claim set off his damages for breach o warranty by the seller in a suit for price o goods of
the seller

(b) counter-claim, if the damages are i

than the price, the excess in the seller's action for price

(c) bring an independent suit for damages excess of the amount of price

(d) either (a) or (b) or (c).

350. Remedies for breach of a warranty by a seller in a contract for the sale of goods, have
been

provided under
Page 63
(a) section 59 of the Sale of Goods Act, 1930 b) section 60 of the Sale of Goods Act, 1930
ic) section 61 of the Sale of Goods Act, 1930

(d) section 58 of the Sale of Goods Act, 1930. 351. The measure of damages in cases of
breach of warranty of quality is

(a) the difference between the contract price and the market price on the date of repudiation

(o) the difference between the contract price and the market price on the date of
performance of the contract

(c) the difference between the value of the goods at the time of delivery and the value they
would have had, if they answered the warranty

(d) the difference between the contract price and the value they would have had if they
answered the warranty.

352. A written condition in an auction sale of goods which protects the seller

(a) can be over-ridden by a written warranty

only before the auction so that damages can be recovered for breach of the warranty

(b) can be over-ridden by an oral warranty before the auction and damages may be
recovered for breach of the warranty

(c) cannot be over-ridden by an oral warranty before the auction

(d) only (c) and neither (a) nor (b).

353. In a contract for sale of goods, in an action for breach of warranty, once the breach of
non- delivery of goods is established, to recover damages

(a) it is essential for the purchaser to prove that he actually repurchased the goods and
suffered loss

(b) it is necessary for the purchaser to prove that he actually repurchased the goods and
sustained losses

(C) it is essential and necessary for the purchaser to prove that he actually re- purchased the
goods and sustained loss

(a) it is neither essential nor necessary for the purchaser to prove that he actually re-
Purchased the goods and sustained loss.

354. The repudiation of a contract of sale of goods

Defore the due date has been dealt with under Section 60 of the Sale of Goods Act, 1930
Section 61 of the Sale of Goods Act, 1930

) section 58 of the Sale of Goods Act, 1930


Page 64
(d) section 59 of the Sale of Goods Act, 1930.

355. Where one party to a contract of sale of goods repudiates the contract before the date
of delivery, under section 60 of the Sale of Goods Act, 1930, the other party

(a) may treat the contract as rescinded

(b) may treat the contract as subsisting and wait till the date of delivery

(c) either (a) or (b)

(d) only (a) and not (b).

356. Section 60 of the Sale of Goods Act, 1930 applies where the contract of sale of goods
is repudiated by either party

(a) before the date of payment of price

(b) before the date of delivery

(c) both (a) and (b)

(d) either (a) or (b).

357. In case of repudiation of a contract of sale of goods before the date of delivery, under
section 60 of the Sale of Goods Act, 1930, where the delivery was to be made by
instalments, the measure of damages is (a) the difference between the contract price and
the market price on the date when first delivery was to be made

(b) the difference between the contract price and the market price on the date when last
delivery was to be made

(c) the difference between the contract price and the market price on several days when the
goods ought to have been accepted or delivered

(d) either (a) or (b).

358. Section 61 of the Sale of Goods Act, 1930, provides for

(a) award of interest to the buyer

(b) award of interest to the seller

(c) non-award of interest to the buyer or the seller

(d) award of interest to the seller or the buver.

359. Under section 61 of the Sale of Goods Act,


1930, the court can award interest

(a) at the rate of 6 per cent

(b) at the rate of 9 per cent

(c) at the rate of 12 per cent

(d) at such rate as it thinks fit.

360. The court can award interest, under section 61 of

the Sale of Goods Act, 1930, to the seller from

(a) the date of tender of goods

(b) the date on which the price was payable

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(c) either from the date of tender of goods or from the date on which the price was payable

(d) from the date of tender of goods and not from the date on which the price was payable.

361. 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 whích 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).

362. Under section 61 of the Sale of Goods Act, 1930, the seller is entitled to interest

(a) when he is in a position to sue for damages (b) when he is in a position to recover the
price (c) either (a) or (b)

(d) both (a) and (b).

363. 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 provisíon in the
contract for the award of interest.
364. Excusion of, implie terms and conditions stated under the law, is provided under (a)
section 6) of the Sale of Goods Act, 1930 (b) section 61 of the Sale of Goods Act, 1930 (c)
section 62 of the Sale of Goods Act, 1930

(d) section 64A of the Sale of Goods Act, 1930. 365. Under section 62 of the 5ale of Goods
Act, 1930, the implied terms and conditions in a contract of sale provided under the Act, can
(a) be echuded by an express agreenent (b) be excuded by an implied agreement () be
xciuded by an express or implied agseement

(d) not be excluded either by express or inplied ayreernent.

366. Section 62 of the Sale Goods Act, 1930 is an

application of the naxim

(a) expression fucit cess are tuctium

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(b) modus et conventio vincunt legem (c) both (a) and (b) (d) neither (a) nor (b).

367. Implied terms and conditions in a contract of sale of goods, by virtue of section 62 of
the Sale of Goods Act, 1930, can be excluded by

(a) an express agreement

(b) the course of dealings between the parti (c) the usage

(d) either (a) or (b) or (c).

368. The expression 'course of dealing' between the parties in section 62 of the Sale of
Gods 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).

369. A usage, in a contract of sale of goods to be

binding, must be known

(a) to the seller

(b) to the buyer

(c) to both the seller and the buyer

(d) to either the seller or the buyer.

370. A usage, to be binding on both the parties in a

contract of sale of goods


(a) must be general

(b) it is sufficient that it is recognised s applying to a majority of cases

() may be general or may be the one recogrised as applying to a majority of cases

(a) must possess the attribute of antiquity.

371. What is a 'reasonable time', by virtue of section 63 of the Sale of Goods Act, 1930, is a
(a) question of law

(b) question of fact

(c) mixed question of law and fact (d) either (b) or (c).

372. A bid at an auction is

(a) an offer which is accepted by the fall of hammer

(b) an invitation to offer which becomes a offer by the fall of hammer

(c) an acceptarnce of offer which is confirmed

by the fall of hammer

(a) an acceptance of offer which is provisionaly confirmed by the all of hammer.

373. In a sale of goods by auction

(a) a bid can be withdrawn/recalled but the seller cannot withdraw the goods trom the
auction any time before the fall of the

hammer

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) a bid cannot be recalled but the sellet can withdraw the goods from the auction any time
before the fallof the hammer

ic) neither a bid can be recalled nor the seller can withdraw the goods from the auction any
time before the fall of the hammer (d) a bid can be called and it is open to the seller to
withdraw the goods from the auction at any time before the fall of the hamner.

sA Where goods are put for sale in lots in a sale of goods by avction, under section 64 of the
Sale of Goods Act 1930, each lot is prima facie (a} the subject of a separate contract of sale
(b) the subject of a single contract of sale (c) onlv (b) and not a)

(d) neither (a) or (b).

ST5. In a sale of goods by auction, as soon as the hammer falis, the goods

(a) become the property of the buyer only on pavment of prie


b) become the property of the buyer even if there is a condition that the goods shall not be
removed before payment

(c) become the property of the buyer only if there is no condition that the goods shall not be
removed before payment

id) do not become the property of the buyer however, the bidder is vested with the right to
deal with them as owner.

S7 in a sale of goods by auction, under section 64 of the Sale of Goods Act, 1930, the seller
of goods has a

iaj right to bid at the auction generally

{b) ignt to bad at the auction with the permission of the auctioneer

Ic) right to bid at the auction oniy when the right to bud has been expressly reserved {a) right
to bid at the auction even when the right to bid has been imphedly reserved. S7. Under
section 64 of the Sale of Geađs Act,

S0, where a right to bid at the auction has expressly reserved by the seller at the auction the
seller can depute

àny numnber of agents to bid an his bettais ot more than five agents to bid n us behalf

not more than three agents tu bid on his

behalf

(d) ot more than one agernt to bid an his behaif.

376.Where the seller, in a sale of goods by auction,

bids at the auction without reserving and

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notifying the right to bid in the auction, under section 64 of the Sale of Goods Act, 1930

(a) the person who actually becomes the buyer can avofd the bid

(b) the persons who fail bid at the auction are entitled to avoid the bid

(c) neither (a) nor (b) (d) either (a) or (b).

379. In an auction sale of goods, an agreement between the participating bidders to form a
ring or knock out, refraining from bidding against each other is

(a) illegal
(b) immoral

(c) neither illegal nor immoral

(d) illegal and immoral both.

380. 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.

381. Risk prima facie passes with

(a) property or ownership (b) with delivery of goods

(c) with verification of goods

(d) with agreement when becomes complete.

382. In case of delivery of goods in installments the

buyer

{a) is not bound to accept delivery by instalments

(b) is bound to accept the delivery by instalments

(c) instaiment delivery not contemplated in Sale of Goods Act, 1930

(d) none of abOVe.

383. The Sales of Goods Ast 1930 appiies to

(a) Movable Property only

(b) Immovable Praoperty only

(c) All of the above

(d) None of the above.

foliowing is/are goods' according to Sale of Goods Act, 1930?

384. Which of the

(a) ActiOnable claim


(b) Mosey

(c) Stoxks and Shares

(d) Al of the above

385. Under Section 63 f Sale Goods Act, 1930 Reasonable thme' is

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(a) question of law

(b) question of fact

(c) mìxed question of law and fact (d) either 'a' or 'c

3S6. Section 57 of the Sale of Goods Act, 1932 deals

with

(a) Suit for price

(b) Suit for damages for non-delivery

(c) Suit for damages for non-acceptance (d) Suit for return of goods

3S7. Section 31 of the Act, duty bounds the buyer to

(a) Accept the goods

(b) Pay the price of the goods

(c) Both a and b

(d) None of the above

388. The position of finder of goods is same as that

of

(a) Bailor

(b) Bailee

(c) Creditor

(d) True owner

389. Which of the following statement is incorrect? (a) A stipulation in a contract of sale may
be a condition or warranty
(b) A breach of warranty sometimes results into repudiation of contract

(c) A breach of condition results into repudiation of contract.

(d) NONE OF THE ABOVE

390. In a F.0.B. contract, by virtue of section 36(5)

of the Sales of Goods Act, 1930-

(a) The seller must bear all expenses necessary to release the ship owners lien

(b) The seller must pay the freight and insurance charges

(c) The seller must bear the expenses upto shipment

(d) The seller must pay all charges to be paid to enable the goods to be removed from the
deck.

391. Where after the arrival of goods at the appointed destination, the carrier attorns to the
buyer and the buyer indicated a further destination for the goods, under section 51 of the
Sale of Goods Act, 1930-

(a) The transit for the purposes of the unpaid seller's right to stoppage in transit comes to an
end and does not stand prolonged.

(b) The transit for the purposes of the unpaid seller's right to stoppage in transit stands

Page 70
prolonged till the further destination as

indicated by the buyer is not undertako

(c) The transit for the purposes of the unpaid

seller's right to stoppage in transit stan prolonged till the goods reach the appointed
destination indicated by buyer.

() The transit for the purposes of the unpaid seller's right to stoppage in transit hat come to
an end or not shall depend on the

facts and circumstances of the case.

392. Where goods are put for sale in lots in a sale nf goods by auction, under section 64 of
the Sale of Goods Act, 1930, each lot is prima facie

(a) the subject of a separate contract of sale (b) the subject of a single contract of sale (c)
only b and not a

(d) neither a orb


393. under section 51 of the Sale of Goods Act, 1930. the goods are in transit so long as
they are in (a) Possession of the carrier qua buyer

(b) Possession of the carrier qua carrier

(c) Possession of the carrier appointed by the buyer qua the buyer

(d) Either a or b orc

394. Quasi contracts of sale have been dealt with under

(a) The Sale of Goods Act

(b) The English Sales of Goods Act

(c) Botha and b

(d) Neither a nor b

395. Where by a contract of sale, the seller purports to effect a present sale of future goods,
the contract operates as :

(a) Sale

(b) An agreement to sell the goods

(c) A sale or an agreement to sell the goods, depending upon the facts circumstances of the
case

and

(d) None of the above

396. The unpaid seller's right of lien terminates:

(a) When he delivers the goods to a carier

other bailee for the purpose of transmission to the buyer without reserving the right of
disposal of the goods

(b) When the buyer Or his agent lawfully

obtains possession of the goods.

(c) Both (a) and (b)

(d) None of the above

Page 71
397. There are exceptions to the rule that a seller of goods cannot give to the buyer a better
title than he himself has over them. Which among
the following is a wrong exception ? l

a) Sale by Mercantile Agent

b) Sale by one of the joint owners

(c) Sale by seller in possession after sale

d) Sale without the consent or authority of owner

8 What does the term 'future goods' mean under Section 2(6) of the Sale of Goods Act,
1930?

(a) Uncertained goods

(b) Ascertained goods

(c) Specific goods under delivery

(d) Goods which are not in existence

399. Answer as to which point of the following is mot correct in making distinction between
sale and agreement to sell.

(a) A sale affects a transfer of the general property in the goods to the buyer but the
agreement to sell gives to either party a remedy for any default in fulfilling this part of
agreement.

(b) A sale creates a jus in personam, whereas an agreement to sell creates a jus in rem. {c)
In sale, if the buyer fails to pay for the goods, the seller may sue for the price but In
agreement to sell, the seller can sue only for damages if the buyer fails to accept and pay for
the goods.

(d) In sale, if goods are destroyed, the loss (unless otherwise agreed) falls on the buyer.
However in agreement to sell, if

Page 72
goods are destroyed, the loss (unless otherwise agreed) falls upon seller.

400. The term 'caveat emptor means that

(a) the goods should be free from defect (b) the ownership of the goods (c) let the buyer be
aware

(d) the seller should disclose everything to the buyer

401. In the following statements, which one is incorrect when the sale is made by an
auctioner of goods and the issue is to pass a good title to the buyer?
(a) He is in possession of goods with the Consent of the owner.

(b) The sale is made by him when acting in the ordinary course as an owner of the goods.
(c) The buyer acts in good faith.

(d) The buyer has no notice at the time of the contract that seller has no authority to sell.

402. A seller delivers to the buyer a larger quantity of goods than what was ordered. Which
of the following is incorrect?

(a) The buyer has right to reject the whole goods.

(b) The buyer has right to accept the whole goods.

(c) The buyer has right to accept only the goods ordered and reject the rest.

(d) The buyer can retain the whole goods but make payment only for the goods ordered.

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