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

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 '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)

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

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)

To the buyer, in a suit for the refund of the price where there is a breach of contract of sale of goods on the part of the seller, under section 61 of the Sale of Goods Act, 1930, the court can award interest to the buyer, from

A

The date on which the payment was made

B

The date on which the breach was committed

C

The date on which the contract was to be performed

D

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

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)

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

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

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

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