The breach of a 'warranty' in a contract of sale of goods, under section 12 of the Sale of Goods Act, 1930, gives

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

C

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

D

May or may not be saved depending on the express agreement between the parties

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

Consider the following statements with regard to the consequences of breach of contract.
1. In case of breach of contract, the party who suffers is entitled to receive compensation for any loss or damage caused to him thereby, which the parties knew, when they made the contract, to be likely to result from the breach of it.
2. Such compensation is to be given for any remote and indirect loss or damage sustained by reason of the breach.
Which of the statements given above is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

The breach of a 'condition' in a contract of sale of goods, under section 12 of the Sale of 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)

When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of Goods Act, 1930?

A

When the buyer fulfils the condition stipulated to the contract of sale

B

When the contract of sale is severable and the buyer has accepted the entire goods

C

When the contract of the sale is not severable and the buyer has accepted the goods or part thereof, subject to an express or implied term in the contract

D

When the contract of the sale is severable and the buyer has accepted the entire goods or part thereof

When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of Goods Act, 1930:

A

When the buyer fulfils the condition stipulated to the contract of sale

B

When the contract of sale is severable and the buyer has accepted the entire goods

C

When the contract of the sale is not severable and the buyer has accepted the goods or part thereof, subject to an express or implied term in the contract

D

When the contract of the sale is severable and the buyer has accepted the entire goods or part thereof

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 repurchased the goods and sustained loss

D

It is neither essential nor necessary for the purchaser to prove that he actually repurchased the goods and sustained loss

A term in the contract of sale of goods expressly excluding warranty, by virtue of section 13 of the Sale of Goods Act, 1930

A

Affects the buyer's right to recover damages for a breach of a condition absolutely

B

Does not affect the buyer's right to recover damages for the breach of a condition

C

Affects the buyer's right to recover damages for the breach of a condition but only in certain respects and not absolutely

D

Only (A) and not (B) or (C)

Consider the following statements:
(1) In case of breach of contract generally damages are awarded.
(2) In case of breach of contract, remedy of specific performance of contract is always given.
(3) In case of breach of contract, fine is also imposed along with the award of damages.
(4) In exceptional cases where damages are not adequate compensation, remedy of specific performance can be given.
Which of the statements given above are correct?

A

(1) and (3)

B

(3) and (4)

C

(1) and (4)

D

(2) and (4)

Which one of the following relates to warranty? 1. It is of vital importance for completion of contract 2. If there is breach, the aggrieved party can repudiate the contract 3. It is essential to the main purpose of the contract 4. In case of breach, the aggrieved party can claim only damages

A

1

B

2

C

3

D

4

The breach of a 'warranty' in a contract of sale of goods, under section 12 of the Sale of Goods Act, 1930, gives

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