Sale of Goods Act - V
Description: Digital Logic and Circuit Design - 1 | |
Number of Questions: 30 | |
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Tags: Digital Logic and Circuit Design - 1 The Sale of Goods Act, 1930 |
The implied condition that merchandise shall be fit to the buyer's specific purpose, is applicable only where the buyer tells his purpose to the seller and relies upon the seller's skill and judgement as it is the requirement of law.
A stipulation in a contract of sale with reference to goods which are subject is called a condition as per section 12 (2) of the sale of the goods Act.
The implied condition that the goods shall be whole some is applicable to eatables and provisions.
The doctrine of caveat emptor does not apply when (i) the goods are bought by sample, (ii) the goods are bought by sample and description and (iii) the goods are bought under their brand name.
A contract of sale always involve reciprocal premises which means the seller promising to deliver the goods and the buyer promising to accept and pay for them
When the goods have been rejected for short delivery, the seller can make within the time limit in accordance with the terms of the contract.
Section 15 of the sale of goods Act states that where there is a contract of sale of goods by description, there is an implied condition that the goods shall correspond with description.
If there is breach of warranty by the seller then the buyer may set up against the seller the breach of warranty in diminution or extinction of the price and sue the seller for damages for breach of warranty.
The buyer can not say that the merchandise are of the inferior quality and hence can not repudiate the goods or/and the buyer refuses to give an opportunity to examine the goods.
Price must be in money terms, is the contract of sale the consideration of the contract of the sale.
An agreement to sell creates jus in personam which means that a right of the buyer against the seller to sue for damages.
A contract for sale of goods worth Rs. 10000 where property would pass to the buyer on payment of total price would be.
A hire purchase is a bailment as well as an agreement to sell.
A contract for sale of future goods is
The prominent part in the definition of contract of sale is transfer of property in goods for a price. In this context, property means both the general property in goods and a special property.
An unpaid seller is having against (i) goods only, (ii) the buyer only and (iii) both goods and buyer only and (iv) both goods and buyer.
The unpaid seller under the right of storage is stoppage in transit has a further right of (a) resuming possession of the goods as long as they are in the course of transit and (b) retaining possession until payment or tender of the price.
In case of breach of contract by the seller, the following are the rights of the buyer (i) suit for non delivery, (ii) suit for specific performance and (iii) suit for damages for breach of warrant.
Goods which are in existence at the time of the contract of sale are known as
Rath of Cuttack orders Dinesh of Delhi to deliver 1,000 bags of goods (i: e. cement) to him at Delhi. While the goods are lying at New Delhi Railway Station, the station master informs rath of Cuttack that goods are held at rath's risk. But Rath has become insolvent. In this case
When the carrier is holding goods as the seller's agent, the seller has lien on the goods.
A warranty is a stipulation which is collateral to the main purpose of the contract as per section 12(3) of the sale of goods Act.
Mr. A a student of final C. A, selects certain books in a bookshop. The price is settled. He arranged to take delivery of the books the next day through his servant and agrees to pay for the books on the 1st of next month. The books are destroyed by fire in the evening. In this case, the property in books has passed to the buyer and therefore the buyer (i: e Mr. A) is bound to pay the price
In case where the bill of lading or railway receipts is made out in the name of the buyer and sent to him, then the ownership passes from the seller to the buyer.
The subject matter of a contract of sale in 'goods' which means every kind of movable property other than actionable claims and money
Section 2(1) of the sale of Goods Act that the buyer means a persons who buys or agrees to buy.
The term minimum non - curat lex means law does not take account of triffles.
Damping in an illicit act dissuading the intending purchaser from biding. It is illegal. Damping entitled the auctioneer to withdraw property from the auction.
A seller of goods is deemed to be an unpaid seller when the whole of the price has not been or tendered.
The goods are at the risk of a party, who has