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

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 breach of a 'warranty' 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

B

The right to reject the goods

C

The right to repudiate the contract

D

Either (A) or (B) or (C)

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 parties

C

The usage

D

Either (A) or (B) or (C)

Where the contract for the sale of goods provides for delivery 'ex-ship', by virtue of section 36(5) of the Sale of Goods Act, 1930, the seller

A

Shall bear all expenses necessary to release the ship-owner's lien

B

Shall pay the freight and insurance charges

C

Shall pay all charges to be paid to enable the goods to be removed from the dock

D

Shall pay all expenses upto shipment

Under section 12(4) of the Sale of Goods Act, 1930, while determining whether a stipulation in a contract of sale, is a condition or warranty

A

The nomenclature used by the parties is conclusive

B

The real effect of the stipulation is conclusive

C

Either (A) or (B)

D

Both (A) and (B)

A contract of sale of goods, on goods having been damaged/perished subsequent to the formation of the contract under section 8 of the Sale of Goods Act, 1930, can be avoided

A

Before the property in goods has passed to the buyer

B

After the property in goods has passed to the buyer

C

At any time irrespective of whether the property in goods has passed to the buyer or not

D

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

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

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

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

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

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

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