Quiznetik

Fundamentals of Laws and Ethics | Set 6

1. Property in the goods 'in the Sale of Goods Act means'

Correct : A. ownership of goods

2. Which of the following is not true

Correct : A. risk and ownership cannot be separated

3. In case of unascertained goods the property in the goods passes:

Correct : C. Both 'a' and 'b'

4. In case of appropriation of goods, which are the essential requirements:

Correct : D. All the above

5. Appropriation of goods means

Correct : D. all the above

6. In case of contract for the sale of specific or ascertained goods the property in goods passes to the buyer:

Correct : A. At such time as the parties to the contract intend it to be transferred

7. For the purpose of ascertaining the intention of the parties for the purpose of transfer of property in goods from the seller to the buyer regard shall be had to:

Correct : D. All the above

8. In case of an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes:

Correct : D. When the contract is made

9. The ownership in specific goods to be put in deliverable state passes-

Correct : A. When the seller has brought the goods into a deliverable state and the buyer has notice thereof

10. The general rule of Sale of Goods Act is, risk prima facie passes with

Correct : A. Ownership

11. For passing of property in goods, the goods must be in

Correct : A. deliverable state

12. The purpose of weighing, measuring or testing of goods in a contract of sale of specific goods in deliverable state is:

Correct : A. To ascertain the price

13. When the goods are sent on sale or return basis, the property in the goods passes to the buyer:

Correct : D. All the above

14. Reserving the right of disposal of goods means

Correct : A. The property passes over to the buyer only when the buyer pays the price

15. "Nemo dat quad non habet", means:

Correct : B. none can give who does not himself possess

16. Sale of goods by a mercantile agent gives a good title to the purchaser even in cases where the agent acts beyond his authority, provided the following conditions are satisfied-

Correct : D. All the above

17. In respect of……………Goods, the property in the goods is transferred to the Buyer at such time as the parties intend it to be transferred.

Correct : D. Specific or Ascertained

18. Which of the following is relevant for determining the passing of property in ascertained goods?

Correct : A. Intention of Parties

19. For passing of property in respect of specific or ascertained goods, the intention of the parties can be ascertained from —

Correct : D. All of the above

20. The rule as to passing of property as laid down in section 20 of the Sale of Goods Act, shall apply when—

Correct : C. even the time of payment of price and the time of delivery of the goods are both postponed

21. Under the Sale of Goods Act, 1930, the term "Mercantile Agent" means a mercantile agent, having as such agent, authority to —

Correct : D. do all of the above

22. Under the Sale of Goods Act, 1930, "Mercantile Agent" should have authority —

Correct : A. in the customary course of business as such agent

23. The definition of "Documents of title to goods" given in the Sale of Goods Act, is —

Correct : B. inclusive

24. Transfer of documents of title to the goods sold to the buyer, amounts to

Correct : B. symbolic delivery

25. Under Sec.2(4) of the Sale of Goods Act, a delivery order enabling a person to obtain delivery on payment of price is

Correct : A. Deemed as a Document of Title

26. A Document of Title to Goods enables the per son named therein to transfer the property therein

Correct : D. either (a) or (b)

27. A Share Certificate is a —

Correct : C. Document Showing Title to Goods

28. A Bill of Lading is a —

Correct : D. Document of Title to Goods

29. When a bill of exchange in sent together with documents of title, the property in goods passes when the buyer.

Correct : C. Accepts the Bill of Exchange

30. A Promissory Note is NOT a Document of Title to Goods.

Correct : A. True

31. A Mate's Receipt (given By the Servant/Mate of the Captain of a Ship) is a —

Correct : A. Document of Title to Goods

32. "Warehouse - Keeper's Certificate" is a document of title to 'goods' within the meaning of section 2(4) of the Sale of Goods Act.

Correct : A. True

33. Which of these is a Document of Title to Goods?

Correct : C. Bill of Lading

34. Which of these is NOT a Document of Title to Goods?

Correct : D. Bearer Cheque

35. Dock Warrant is a

Correct : B. Document of Title to Goods

36. The term "Quality of Goods" in section 2(12) of the Sale of Goods Act, has a reference to —

Correct : B. Fitness for a particular purpose

37. In case of………..goods, property passes to the Buyer, only when the goods are ascertained.

Correct : D. Unascertained

38. Where there is a contract for the sale of………………..goods, no property in the goods is transferred to the Buyer, unless and until the goods are ascertained.

Correct : B. Unascertained

39. For transfer of property in unascertained goods, the basic condition is that —

Correct : A. Goods must be ascertained and appropriated.

40. The property, in case of sale of unascertained goods, passes when—

Correct : B. Goods are identified and appropriated to the contract

41. There was a contract to supply "waste coal and ash for the next six months, as and when the waste is generated by the Seller's Factory". The Buyer paid the lumpsum price for the next six months in advance. When does the property in the goods pass to the Buyer?

Correct : D. As and when the Factory discharges the waste

42. The process of identifying the goods and setting apart as per the intended quality or description is called —

Correct : C. Ascertainment

43. Section 19 of the Sale of Goods Act, deals with passing of property of…………….goods.

Correct : C. Specific or Ascertained Goods

44. In a sale of specific or ascertained goods, the property therein is transferred to the buyer —

Correct : C. at such time as the parties intend it to he transferred

45. The property in goods in a contract for sale of specific or ascertained goods, passes to the buyer —

Correct : C. when the parties intend the property in goods to pass

46. Pledging of goods obtained on sale or return basis will:

Correct : A. complete the sale

47. Which one of the following is not true?

Correct : C. Specific goods are identified after the contract of sale

48. Voluntary transfer of possession from one person to another is called as

Correct : B. Delivery

49. Which of the statement is incorrect in connection with duties of seller and buyer:

Correct : C. It is not the duty of the seller to deliver the goods

50. Delivery of goods means-

Correct : A. Voluntary transfer of possession

51. For a valid contract of sale, delivery may be:

Correct : D. All of these

52. Delivery of the keys of a godown where goods are kept amounts to:

Correct : B. Symbolic delivery

53. Which of the following is a constructive delivery?

Correct : C. When there is delivery by attornment

54. There are……….modes of delivery

Correct : A. Three

55. Unless otherwise agreed:

Correct : A. Delivery of the goods and payment of the price are concurrent conditions

56. Unless otherwise agreed, the buyer-

Correct : A. must apply for delivery

57. The place of delivery can be-

Correct : D. All the above

58. If no time is fixed, the seller must sent them within-

Correct : C. Reasonable time

59. When goods are in possession of third person, delivery is complete:

Correct : A. When such third party acknowledges to the buyer that he holds the goods on his behalf

60. Where the part delivery is made in progress of the whole delivery, then:

Correct : A. It is treated as delivery of the whole

61. Unless otherwise agreed, the expenses of making delivery are borne by:

Correct : C. The seller

62. If the seller delivers to the buyer goods ordered mixed with goods of a different description, the buyer may -

Correct : C. either 'a' or 'b'

63. Which of the following statements is incorrect?

Correct : D. Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller

64. Where goods are delivered to the buyer and he refuses to accept them, having the right so to do:

Correct : D. All are correct statements

65. In case of carriage of goods by sea, where the seller has to put the goods on board a ship at his own expenses, the contract is known as

Correct : A. F.O.B. Contract

66. The events of force majeure render the contract of 'Sale of Goods'

Correct : B. void

67. In case of carriage of goods by sea, where the seller has to deliver the goods to the buyer at the port of destination, the contract is known as

Correct : C. Ex-ship Contract

68. Under a……………contract the seller is required to insure the goods, deliver them to the shipping company, and arrange for their affreightment.

Correct : B. CLE Contract

69. The general principle regarding transfer of title in case of sale of goods is that—

Correct : A. The seller cannot transfer to the buyer a better title than he himself has

70. The Seller of Goods is deemed to be an Unpaid Seller when the…………of the price has not been paid or tendered.

Correct : A. Whole

71. The Seller of Goods is deemed to be an Unpaid Seller when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition —

Correct : B. has not been fulfilled

72. The Seller of Goods is deemed to be an Unpaid Seller when……..has been received as conditional payment and the condition has not been fulfilled, by way of dishonour or otherwise.

Correct : D. Any of the above

73. The term "Unpaid Seller" includes —

Correct : B. Agent of the Seller

74. The term "Unpaid Seller" includes —

Correct : C. Seller's agent to whom the Bill of Lading is endorsed

75. Which of the following is not included in the term Unpaid Seller?

Correct : C. Buyer's agent to whom the Bill of Lading is endorsed

76. Even if a substantial portion of the price is paid and only a small balance is pending, the Seller is still regarded as an Unpaid Seller.

Correct : A. True

77. Unpaid Seller can exercise his right of lien —

Correct : A. even when property in goods has passed to the Buyer

78. Unpaid Seller can exercise his right of stopping the goods in transit —

Correct : A. even when property in goods has passed to the Buyer

79. Unpaid Seller can exercise his right of re-sale of goods—

Correct : A. even when property in goods has passed to the Buyer

80. Unpaid Seller can exercise his right of withholding delivery of goods —

Correct : A. even when property in goods has passed to the Buyer

81. The right of lien is available to the Unpaid Seller, only when —

Correct : B. he is in possession of the goods

82. The right of lien is available to the Unpaid Seller, u/s 47 of the Sale of Goods Act, when he is in possession of goods —

Correct : D. all of the above

83. In which of the following situations, the right of lien available to the Unpaid Seller is lost?

Correct : D. Where the Unpaid Seller has parted with the possession of the goods.

84. Once possession is lost, right of lien of the Unpaid Seller is also lost. This statement is

Correct : A. True

85. Where the goods have been delivered to Rail ways for carriage and the R/R is taken in the name of the seller or his agent:

Correct : A. the seller is prima facie deemed to reserve the right of disposal

86. When the goods have been sold on credit and the credit period ……. lien can he exercised

Correct : B. has expired

87. The right of lien can be exercised by the Unpaid Seller in respect of—

Correct : A. Price

88. The Unpaid Seller………….to deliver a part of the Goods on payment of a proportionate part of the price by the Buyer.

Correct : B. may refuse

89. Generally, where an Unpaid Seller has made part delivery of the Goods, he —

Correct : A. may exercise his right of lien on the remainder

90. In which of the following cases, the Unpaid Seller does not lose his right of lien —

Correct : D. When Seller obtains a decree for the price of the goods

91. Where the Unpaid Seller has obtained a decree for the price of the goods, the right of lien —

Correct : A. can be exercised

92. Where the Unpaid Seller has parted with the goods by handing it over to a carrier for transmission, and the goods are in transit, he can reclaim possession thereof. This right is called —

Correct : B. Right of Stoppage of goods in transit

93. Right of Stoppage in transit can be exercised by the Unpaid Seller, where he —

Correct : A. has lost his right of lien

94. Right of Stoppage in transit can be exercised by the Unpaid Seller, where the Buyer—

Correct : B. becomes insolvent

95. If, after the arrival of goods at their destination, Carrier or other Bailee acknowledges to Buyer or his agent that he holds goods on his behalf, and continues possession of the goods, the transit—

Correct : A. is at an end

96. If goods are rejected by the buyer and the Carrier or other Bailee continues in possession of them, and the seller has refused to receive them back, then transit —

Correct : C. is not deemed to be at an end

97. If, after the arrival of Goods at their destination, Carrier or other Bailee acknowledges to Buyer or his agent that he holds goods on his behalf, and continues possession of the goods, the transit is at an end —

Correct : A. even if the buyer indicates further destination for the goods to the Carrier.

98. If the Carrier/Bailee wrongfully refuses to de liver the goods to the buyer or his agent, the transit —

Correct : A. is at an end

99. Sub-sale by the buyer with Seller's consent leads to loss of right of stoppage in transit.

Correct : A. True

100. S sells certain goods to B of Bombay. The goods are handed over to the railways for transmission to B. In the mean time B sells the goods to a third party T for consideration without the consent of S. B. becomes insolvent. In this case —

Correct : A. S has the right of stoppage in transit