0

Sale of Goods Act - I

Description: Sale of Goods Act-I, CPT
Number of Questions: 23
Created by:
Tags: Sale of Goods Act-I CPT The Sale of Goods Act, 1930
Attempted 0/23 Correct 0 Score 0

What is the nature of agreement to sell?

  1. Executory contract

  2. Executed contract

  3. Both executed and executory contract

  4. None of these


Correct Option: A
Explanation:

Any contract to be applicable at future date is executory. Sale is an executed contract.

The contract of bailment is different from sale as it involves

  1. transfer of ownership and possession

  2. transfer of ownership only

  3. transfer of possession only

  4. transfer of none


Correct Option: C
Explanation:

There is no transfer of ownership in case of sale. It involves transfer of possession only.

Which of the following is not an agreement to sale?

  1. An importer agreed to sell a part of goods (not arrived yet) coming from other country.

  2. A farm house owner promised to supply the eggs to be given by hens.

  3. A person promised to sell fruits to be grown in his garden next year.

  4. A money lender promised to lend money for the business.


Correct Option: D
Explanation:

It is concerned with transfer of money i.e. loan and can't become an agreement to sale.

Generally, there must be at least ______ party/parties in a contract of sale.

  1. one

  2. two

  3. three

  4. four


Correct Option: B
Explanation:

There must be at least two parties in a contract of sale, i.e. buyer and seller.

Generally, there must be at least ______ party/parties in a contract of sale.

  1. one

  2. two

  3. three

  4. four


Correct Option: B
Explanation:

There must be at least two parties in a contract of sale, i.e. buyer and seller.

Which of the following is/are not considered as goods under the contract of sale?

  1. Stock and shares

  2. Patent rights

  3. Water

  4. Actionable claims


Correct Option: D
Explanation:

Actionable claims are not goods as per Sale of Goods Act. All other are covered under the definition of goods.

One of the most essential elements of contract of sale is

  1. two parties

  2. property

  3. contract

  4. price


Correct Option: D
Explanation:

Price is the most important element in contract of sale. Though all others are also essentials of a sale.

Exchange of old goods for new goods without any payment of money is called

  1. sale

  2. agreement to sale

  3. barter

  4. mortgage


Correct Option: C
Explanation:

When goods are exchanged for goods, it is called barter. Sale means exchange of goods for consideration in monetary terms. An agreement to sell is also sale but at future date. Mortgage means to pledge goods or property in security of a debt.

Which of the following is not price in monetary consideration?

  1. Exchange of goods for cash

  2. Exchange of goods for cash as well as goods

  3. Exchange of goods for goods

  4. None of these


Correct Option: C
Explanation:

When goods are exchanged for goods, it is called barter. The payment in cash fully or partly in consideration is taken as monetary consideration.

The contract of sale may be

  1. absolute only

  2. conditional only

  3. both absolute or conditional

  4. none of these


Correct Option: C
Explanation:

The sale may be absolute or conditional both.     

The goods in the contract of sale can not be

  1. specific

  2. existing

  3. futuristic

  4. ascertained


Correct Option: C
Explanation:

Future goods cannot be applicable in a contract of sale.

Who bears the risk of loss in case of agreement to sell?

  1. Buyer

  2. Seller

  3. Third Party

  4. Consignee


Correct Option: B
Explanation:

In an agreement to sell, seller is to bear the loss. In a contract of sale, buyer is to bear the loss.

The goods which are not identified at the time of contract of sale are called

  1. specific goods

  2. ascertained goods

  3. generic goods

  4. future goods


Correct Option: C
Explanation:

Generic or unascertained goods are not identified at the time of contract of sale. Specific goods are those which are identified at the time of contract. Ascertained goods are identified subsequent to such contract. Future goods are yet to be manufactured or acquired.

Contingent goods are a type of

  1. specific goods

  2. ascertained goods

  3. generic goods

  4. future goods


Correct Option: D
Explanation:

Future goods are yet to be manufactured or acquired. Contingent goods are dependent on future contingency which may or may not arise. Generic or unascertained goods are not identified at the time of contract of sale. Specific goods are those which are identified at the time of contract. Ascertained goods are identified subsequent to such contract.

Which of the following is/are not covered under the definition of goods?

  1. Birds

  2. Old Coins

  3. Current currency

  4. All of these


Correct Option: C
Explanation:

Sale includes all kinds of property except money, immovable goods and actionable claims. Birds, old coins are goods.

Generally, a hire purchase agreement is

  1. sale

  2. agreement to sale

  3. mere an agreement

  4. none of these


Correct Option: C
Explanation:

A hire purchase agreement is neither a sale nor an agreement to sell. It is just like bailment.

In a contract of sale of specific goods, if goods are destroyed at the time of formation of contract without the knowledge of buyer or seller, the contract is considered as

  1. valid

  2. illegal

  3. void

  4. voidable


Correct Option: C
Explanation:

The contract becomes void on the ground of impossibility of performance.

If price is not expressly fixed at the time of contract or not ascertainable by the usage of custom or in regular course of dealing between the parties, then the buyer should pay

  1. reasonable price

  2. any price

  3. the price as decided by the government

  4. no price at all


Correct Option: A
Explanation:

In such case, the buyer should pay reasonable price.

A stipulation in contract of sale essential to the main purpose of contract is known as

  1. warranty

  2. condition

  3. guarantee

  4. condition or warranty


Correct Option: B
Explanation:

A stipulation, which is essential, is a condition. A stipulation, which is collateral, is a warranty.

If there is breach of warranty, the buyer can

  1. repudiate the contract

  2. sue for damages

  3. opt any of the two

  4. none of these


Correct Option: B
Explanation:

In case of breach of warranty, the buyer can sue only for damages. In case of breach of condition, the buyer can repudiate the contract or sue for damages.

A bailment is different from sale as it

  1. may be gratuitous or non-gratuitous

  2. is gratuitous only

  3. is non-gratuitous only

  4. none of these


Correct Option: A
Explanation:

A sale is always non-gratuitous while a bailment may be gratuitous or not.

_______ has an option to treat condition as warranty.

  1. Seller

  2. Buyer

  3. Court

  4. None of these


Correct Option: B
Explanation:

null

Sale of Goods Act is applicable for

  1. movable goods only

  2. immovable goods only

  3. both movable and immovable goods

  4. none of these


Correct Option: A
Explanation:

This Act is applicable for movable goods only. Immovable goods and properties are covered under Transfer of Properties Act.

- Hide questions