31
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
C)
Partly in writing and partly by words of mouth
D)
Either (A) or (B) or (C)
Answer & Solution
Answer: Option
D
32
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
Answer & Solution
Answer: Option
B
33
A commissions B to paint a portrait of him at a price of Rs. five thousand and supplies to B painting material. What is the nature of transaction?
A)
Contract of sale
B)
Contract for work and labour
C)
Agreement to sell
D)
Hire purchase agreement
Answer & Solution
Answer: Option
B
34
When the specific goods which are subject matter of the contract under the Sales of Goods Act have perished prior to making of the contract then contract can be enforced against alternative goods because the contract of sale of goods is otherwise valid.
A)
No, the contract of sale of specific goods cannot be enforced because goods have already perished without the knowledge of the seller at the time of contract, and then the contract of sale itself is void as per Section 7 of the Sale of Goods Act
B)
Though ordinarily the contract of the sale cannot be enforced against alternative goods instead of the contracted goods which have perished but the alternative goods can be received by the buyer from the seller if the value of the specific goods is less than Rs. 100/-
C)
If the specific goods have perished before making of the contract, and this was a fact already known to the buyer but not the seller, then contract is not void with respect to claim of the buyer for alternative goods
D)
A contract for sale of specific goods which have perished prior to the entering into of the contract for sale, will be void and can be enforced against alternative goods only if the buyer has possession of the alternative goods
Answer & Solution
Answer: Option
A
35
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
Answer & Solution
Answer: Option
B
36
Section 8 of the Sale of Goods Act, 1930 deals with cases of
A)
Impossibility of performance of the contract before the formation of the contract
B)
Impossibility of performance of the contract at the time of formation of the contract
C)
Impossibility of performance of the contract subsequent to the formation of the contract
D)
All the above
Answer & Solution
Answer: Option
C
37
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
B)
Where the buyer obtains delivery of goods from the carrier before reaching the appointed destination
C)
Where the buyer obtains delivery of goods from the carrier either before the goods 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
Answer & Solution
Answer: Option
C
38
In contract of sale the payment of price is . . . . . . . to the transfer of property in goods
A)
Concurrent
B)
Important
C)
Mandatory
D)
Immaterial
Answer & Solution
Answer: Option
D
39
The rule of estoppel as contained in section 27 of the Sale of Goods Act, 1930 is on the principle of
A)
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
Answer & Solution
Answer: Option
A
40
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)
Answer & Solution
Answer: Option
B
