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Published on: 10/09/2019
The Sale of Goods Act, 1930
Download Tamil Nadu 12th Standard Commerce question papers, model tests, one-mark questions, important questions, and public exam papers in PDF format. Free study materials and answer keys for TN State Board students.
Questions + Answers key
Take MCQ Commerce Test1.
Unpaid seller can exercise his right of lien over the goods, where he is in possession of the goods as
Owner of goods
Agent of buyer
Bailee for buyer
All of these
2.
In which of the following types, the ownership is immediately transferred to buyer ?
When goods are ascertained
When goods are appropriate
Delivery to the carrier
Sale or return basis
3.
Specific goods denote goods identified upon the time of___________ of sale.
Agreement
Contract
Order
Obligation
4.
The property in the goods means the
Possession of goods
Custody of goods
Ownership of goods
Both (a) and (b)
5.
Which of the below constitutes the essential element of contract of sale?
Two parties
Transfer of property
Price
All of the above
6.
7.
What is meant by goods?
8.
List down the essential elements of a contract of sale.
9.
Discuss the implied conditions and warranties in sale of goods contract.
10.
Discuss in detail about existing goods.
11.
Explain the meaning of Agreement to sell
12.
Discuss in detail the rights of an unpaid seller against the goods.
13.
Distinguish between Conditions and Warranty.
1.
(d)
All of these
2.
(c)
Delivery to the carrier
3.
(b)
Contract
4.
(c)
Ownership of goods
5.
(d)
All of the above
6.
7.
(i) Goods are materials that satisfy human wants and provide utility.
(ii) The term 'goods' includes every kind of movable property, stocks, and shares, growing crops, etc. Goodwill, trademarks, copy rights, patent rights etc., are all also regarded as goods.
8.
Following essential elements are necessary for a contract of sale.
(i) Two parties
(ii) Transfer of property
(iii) Goods
(iv) Price
(v) Includes both 'Sale' and 'Agreement to sell'
9.
In every contract of sale, there are certain expressed and implied conditions and
warranties.
The term implied conditions means conditions which can be inferred fromn or guessed from the context of the contract.
Following are the implied conditions :
(i) Conditions as to Title.
(ii) Conditions as to Description.
(iii) Sale by Sample.
(iv) Conditions as to Quality or Fitness.
(v) Conditions as to Merchantability
(vi) Condition as to Wholesomeness.
(vii) Condition implied by Trade Usage.
Following are the implied warranties :
(i) Quiet Possession.
(ii) Free from Any Encumbrances.
(iii) Warranty in the case of Dangerous Goods.
10.
Existing goods are those owned or possessed by the seller at the time of contract of sale. Goods possessed even refer to sale by agents or by pledgers. The existing goods may be either :
(i) Specific Goods : Specific goods denote goods identified and agreed upon at the time of contract of sale.
(ii) Ascertained Goods: The term 'ascertained goods' is also used as similar in meaning to specific goods.
(iii) Unascertained or Generic Goods: These are goods which are not identified and agreed upon at the time of contract of sale.
11.
The property (ownership or title) in the goods has to pass at a future time or after the fulfillment of certain conditions specified in the contract is called agreement to sell.
12.
Rights of an Unpaid Seller against the Goods
(1) Right of Lien:
An unpaid seller has a right to retain the goods till he receives the price. But to exercise this lien
(i) He must be in possession of goods
(ii) The goods must have been sold without any stipulation as to credit or where goods have been sold on credit, the terms of credit must have expired.
(iii) It must be remembered that the right of lien depends on actual possession of goods
Where the Property in the Goods has Passed to the Buyer.
(2) Right of Stoppage in Transit:
Where the seller has delivered the goods to a carrier or other bailee for the purpose of transmission to the buyer, but the buyer has not acquired them, then the seller can stop the goods and regain the possession.
(3) Right of Resale:
The unpaid seller can resell the goods
(i) Where they are of a perishable nature or
(ii) After exercising his right of lien or stoppage in transit, even though he has given intimation to the buyer of his intention to resell, buyer has not tendered the price within a reasonable time.
(iii) Where the seller has expressly reserved the right of resale in the contract itself.
13.
| SI.No | Basis of Difference | Conditions | Warranty |
|---|---|---|---|
| 1. | Meaning | It is a stipulation which is essential to the main purpose of the contract of sale. | It is a stipulation which is collateral to the main purpose of contract. |
| 2. | Significance | Condition is so essential to the contract that the breaking of which cancels out the contract. | It is of subsidiary or inferior character. The violation of warranty will not revoke the contract. |
| 3. | Transfer of ownership | Ownership on goods cannot be transferred without fulfilling the conditions. | Ownership on goods can be transferred on the buyer without fulfilling the warranty. |
| 4. | Remedy | In case of breach of contract, the affected party can cancel the contract and claim damages. | In the case of breach of warranty, the affected party cannot cancel the contract but can claim damages only. |
| 5. | Treatment | Breach of condition may be treated as breach of warranty. | Breach of warranty cannot be treated as breach of condition. |
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Physics

Biology

Computer Science

Business Maths and Statistics

Economics

Commerce

Accountancy

History

Computer Applications

Biology

Computer Technology

Computer Applications

Computer Science

Business Maths and Statistics

Commerce

Economics

Maths

Chemistry

Physics

Computer Technology

History

Accountancy

Tamil

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