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

What is the effect of part delivery of goods made in the progress of delivery of the whole of the goods as per section 34 of the Sale of Goods Act, 1930?

A

Part delivery does not operate as a delivery of remainder

B

Part delivery of the goods cannot be made under the Act

C

Part delivery has the same effect as the delivery of the whole only in case of perishable goods

D

Part delivery has the same effect as the delivery of the whole irrespective of the type of goods unless part delivery is made with intention of severing it from whole

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)

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

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)

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

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 damages 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

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

Where goods are put for sale in lots in a sale of 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) or (B)

Where a contract of sale of goods does not fix the time within which the seller is bound to send the goods to the buyer, under section 36(2) of the Sale of Goods Act, 1930, the seller is bound to send the goods, within

A

The shortest possible time

B

The minimum time

C

A reasonable time

D

The maximum time

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)

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

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

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