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

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)

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)

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

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 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

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 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

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

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

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