Sale of Goods Act - VI
Description: The Sale of Goods Act | |
Number of Questions: 30 | |
Created by: Darshan Khurana | |
Tags: The Sale of Goods Act The Sale of Goods Act, 1930 |
Caveat emptor means 'let the buyer'.
In case of goods by sample, the goods should correspond with the sample. Otherwise the buyer can reject the goods.
The seller is not responsible for the defects which are patent defects.
If the goods are delivered by infringing a trade mark, the seller has no right to sell the goods.
If the seller is bound to afford the buyer a reasonable opportunity of examining the merchandise for the purpose of ascertaining whether they are in conformity with the contract.
Ram sells to Rahim 1000 gross of 1000 yards reels of swing cotton. After taking delivery, Rahim finds that the length of cotton per reel is less than 1000 yards, the average being shortage of about 9%. In this situation, Rahim (i) may reject the goods and (ii) Ram is liable to pay the price of the goods at the contract rate if Rahim rejects.
If there is a breach of warranty, the aggrieved party can only claim damages.
Section 31 of the sale of Goods Act, 1930 deals with definition of performance of a contract of sale. As regards the seller, delivery of the goods to the buyer according to the contract. As regards the seller, acceptance of the delivery of the goods and payment for them according to the contract.
In the agreement to sell in case of resale, the buyer who takes the goods for consideration and without notice of the prior agreement gets a good title.
A document of title to goods is used as a proof of the possession of goods and as proof of control of goods.
A sale is an executed contract.
If M agrees to deliver 500 kg of wheat to N in exchange of 100 mts. of cloth. Then it is
The seller may exercise his rights of lien where he is in possession of the goods as an agent and as a bailee for the buyer.
Rights of an unpaid seller against the buyer personally are: (a) rights in personam i: e rights against the buyer personally and (b) rights in rem, i: e rights against the goods.
Right to repudiate the contract exists both in conditions and warranties.
Conditions to be fulfilled before a seller of goods can be deemed to be unpaid seller are: (a) he must unpaid and the price must be due, (b) he must have an immediate right for action for the price and (c) a bill of exchange or other negotiable instrument was received but the same has been dishonored.
Transit is an intermediate stage. Goods are deemed to be in course of transit from the time (a) they are delivered to a carrier for the purpose of transmission to the buyer and (ii) they are delivered to other bailee for the purpose of transmission to the buyer.
When goods become the property of the buyer, the seller can, on default of the buyer, sue for piece
Where no price is fixed by express agreement or by implication, the buyer shall pay the seller.
If a commissioned B, an artist to paint a portrait of M for Rs. 100000 and B uses his canvas and paint and brush, then it is
The principal object of a contract of sale is transfer of property in goods from the seller to the buyer. The property in goods means the ownership of goods
When the seller sells the goods on credit or grants a fresh term of credit on the expiry of the original term of credit, lien is waved until the expiry of the term of credit. It is an implied waiver of lien.
Appropriation must be done by the seller with the buyer and by the buyer with the absent of the seller.
In case of bill of exchange, the property in merchandise does not pass to the buyer until he accepts the bill of exchange.
Section 27 of the sale of Goods Act, 1930 provides for transfer of
If the buyer rejects the merchandise either because they are less than or in excess of the quantity contracted for, the seller has a right to tender again the contract quantity.
A seller's duties under CIF contract are: (a) to make out an invoice of the goods sold, (b) to ship at the port of shipment goods of the description contained in the contract and (c) to prepare a contract of affreighment, under which the goods will be delivered.
In an auction sale if the seller makes use of pretended bidding to raise the price, then the sale is voidable
Section 2(13) of the sale of Goods Act that the seller means a persons who buys or agrees to sell.
Contract of sale may be either absolute or conditional