Sale of Goods Act - III
Description: The Sale of Goods Act, 1930 | |
Number of Questions: 29 | |
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Tags: The Sale of Goods Act, 1930 |
If the buyer buys an article under its patent name the implied condition that articles are fit for a specific purpose shall not apply.
In case a condition is changed to the status of a warranty, then the buyer (i) loses the right to reject the merchandise, and (ii) retains the right to the claim damages?
Delivery should have the effect of putting the goods in the possession of the buyer and the effect of putting the goods in the possession of his duly authorized agent.
Mr. Karunakaran owns a residential flat in Chennai. He is entitled to enjoy quite possession and enjoyment of his property. This is called
If the buyer has paid the price and merchandise are not delivered, the buyer can recover the amount paid.
In symbols delivery, the seller hands over the keys of a ware house containing the goods to the buyer.
Law relating to sale of goods is contained in the sale of Goods Act 1930.
A sale can be of existing goods and specific goods.
The goods are subject matter of the contract of sale. The goods are movable goods only.
X agreed to exchange with 10 bags of sugar at Rs. 40, 000 for 40 bags of wheat at Rs. 42, 000 and difference of Rs. 2000 in cash and hence it is a contract of sale.
In the agreement to sell, the original buyer can only sue the seller for damages.
In a sale if the buyer becomes insolvent before he pays the dues to the seller in the absence of lien, he must hand over the goods to the official, receiver or official assigance, whichever the case may be
In sale of goods the undertaking to deliver the goods to the possessor of the document must be unconditional.
Legally a contract of sale includes
In case of standing teak trees, the property passes to the buyer when the trees are
A contract for sale of future goods is
The essence of a right of lien is to retain the possession.
Price consideration in a contract of sale can be
When the payment is made by a negotiable instrument it is usually a conditional payment, the condition being that the instrument shall be duly honoured.
The lien is revived on the dishonour of the bill.
The right of stoppage in transit is available to the unpaid seller when the buyer becomes insolvent and the good are in transit.
When the property is transferred from the seller to the buyer, the goods are at the buyer's risk, whether delivery has been made or not.
The property in goods does not pass to the buyer if he wrongly retains the bill of lading and/or railway receipt
When the carrier is holding goods as the buyer's agent, the seller can not exercise his right of stoppage in transit.
In case of sale on approval, the ownership is transferred to the buyer, when he
Ram has sold 7000 quintals of wheat to Suresh Kumar who paid by cheque Rs. 1400000 as full considerations. The cheque was dishonored upon presentation. Ram Kumar gave delivery orders to Suresh Kumar resold it to Ganesh, a buyer, in good faith for consideration, endorsing the delivery order to him. Ram Kumar refuses to deliver the goods to Ganesh, on the plea of non payment. In this case
A contract of sale has some special features which are uncommon to all contracts.
Amar contracts with Ajay to buy 100 tons of cane sugar. Amar delivers to Ajay 90 tons of cane sugar and 10 tons of beet sugar. Amar may accept 90 tons by rejecting 10 tons which is not of the terms of contract, he may reject 10 tons fully and he may reject the whole quantity.
If the seller refuges to take away the rejected goods, then the buyer becomes the bailee of the goods and he may charge for keeping the merchandise.