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Published on: 02/11/2019
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.
Section 2, the sale of Goods Acts is about
Principles
Definitions
Exceptions
None of above
2.
Which of the following determined with reference to the terms and conditions of the contract?
Condition
Warranty
Both 'a' and 'b'
None of these
3.
The subject matter of contract of sale must he
ggods
cash
credit
all of these
4.
The unpaid seller can exercise his right of stoppage of goods in transit where the buyer.
Becomes insolvent
Refuses to pay price
Payment of price
Both (b) and (c)
5.
____ is a stipulation which is collateral to main purpose of contract.
Warranty
Condition
Right
Agreement
6.
Specific goods denote goods identified upon the time of___________ of sale.
Agreement
Contract
Order
Obligation
7.
The property in the goods means the
Possession of goods
Custody of goods
Ownership of goods
Both (a) and (b)
8.
Sale of Goods Act was passed in the year
1940
1997
1930
1960
9.
What is price?
10.
11.
What is meant by goods?
12.
What is a contract of sale of goods?
13.
Discuss the implied conditions and warranties in sale of goods contract.
14.
Discuss in detail about existing goods.
15.
Explain the meaning of Agreement to sell
16.
Distinguish between Conditions and Warranty.
17.
Classify goods under the Sale of Goods Act.
18.
Distinguish between sale and agreement to sell.
1.
(b)
Definitions
2.
(b)
Warranty
3.
(a)
ggods
4.
(a)
Becomes insolvent
5.
(a)
Warranty
6.
(b)
Contract
7.
(c)
Ownership of goods
8.
(c)
1930
9.
The monetary consideration for the goods sold is called price. If goods are exchanged for goods, it is only barter and not a sale.
10.
11.
(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.
12.
Contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property (Ownership) of the goods to the buyer for a price.
13.
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.
14.
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.
15.
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.
16.
| 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. |
17.
(1) Existing Goods
(i) Specific Goods - Specific goods denote goods identified and agreed upon at the time of contract of sale.
(ii) Ascertained Goods - (a) The term ascertained goods is also used as similar in meaning to specific goods.
(b) But this term may even refer to goods which become ascertained subsequent to the formation of the contract.
(iii) Unascertained or Generic Goods - These are goods which are not identified and agreed upon at the time of contract of sale.
(2) Future Goods
These are goods which a seller does not possess at the time of contract of sale but which will be manufactured or produced or acquired by him after entering into the contract of sale agreement
(3) Contingent Goods
Contingent goods are the goods, the acquisition of which by the seller depends upon a contingency (an event which may or may not happen). Contingent goods are a part of future goods.
18.
| SI. No | Particulars | Sale | Agreement to Sell |
|---|---|---|---|
| 1. | Ownership Transference | The property(ownership or title) in the goods passes from the seller to the buyer immediately so that seller is no more owner. | The property(ownership or title) in the goods has to pass at a future time or after the fulfilment of certain conditions specified in the contract. |
| 2. | Risk of Loss | Where the goods sold under the contract of sale are destroyed, the loss falls squarely on the buyer as the ownership in the goods has already passed on to the latter. Even though the goods are in the possession of seller. | Where the goods under the agreement to sell are destroyed, the loss falls squarely on the seller as the ownership is still vested with the seller even though the possession of the goods is with the buyer. |
| 3. | Consequences of violating the contract | Where the buyer fails to pay the price, the seller cannot seize the goods. The seller can only file a case against the buyer for violating the contract. | Where the buyer. violates, the contract, the seller can repossess the goods from the former. He can sue for damages for violation of the contract. |
| 4. | Nature of contract | It is an executed contract i.e. completed contract. | It is an executory contract, i.e. contract ye to be performed by the party to the contract. |
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Physics

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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

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