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| THE SALE OF GOODS ACT, 1930 | |
| CHAPTER I | |
| PRELIMINARY | |
| What is the short title of the Act dealing with sale of goods? | Sale of Goods Act, 1930 |
| The Sale of Goods Act, 1930, originally formed part of which Act? | Indian Contract Act, 1872 |
| When did the Sale of Goods Act, 1930 come into force? | 1st July 1930 |
What is the territorial extent of the Sale of Goods Act, 1930? | Whole of India ( After J&K Reorganisation Act 2019) |
| Before becoming a separate Act, the provisions related to sale of goods were under which chapter of the Indian Contract Act? | Chapter 7 |
| What are the three elements of Section 1? | Short title, Extent, Commencement |
| Which Act repealed the sale of goods provisions from the Indian Contract Act? | Sale of Goods Act, 1930 |
| Who is a 'buyer' as per the Sale of Goods Act, 1930? | A person who buys or agrees to buy goods |
| Section 2(1) defines | buyer |
| Section 2(2) defines | delivery |
| Section 2(3) defines | deliverable state |
| Section 2(4) defines | document of title to goods |
| Section 2(5) defines | Fault |
| Section 2(6) defines | future goods |
| Section 2(7) defines | Goods |
| Section 2(8) defines | Insolvent |
| Section 2(9) defines | mercantile agent |
| Section 2(10) defines | Price |
| Section 2(11) defines | Property |
| Section 2(12) defines | quality of goods |
| Section 2(13) defines | Seller |
| Section 2(14) defines | specific goods |
| Who is a 'seller' under the Act? | One who sells or agrees to sell goods |
| ‘Goods’ under the Act refer to: | Movable property other than actionable claims and money |
| Which is NOT included in the definition of ‘goods’? | Money |
| What does 'delivery' mean under the Sale of Goods Act, 1930? | Voluntary transfer of possession from one person to another |
| Which is a 'document of title to goods'? | Bill of lading |
| A person is considered 'insolvent' under the Act when they: | Have ceased to pay their debts |
| The term 'price' in the Act refers to: | The consideration in terms of money for sale of goods |
| 'Property' in goods means: | The legal ownership of the goods |
| Which statements is correct? | An 'agreement to sell' becomes a 'sale' when conditions are fulfilled |
| The term ‘agreement to sell’ indicates: | A future or conditional transfer of ownership |
| Which are included in the definition of goods? | Growing crops |
| When the property in goods is transferred from seller to buyer, the contract is called: | Sale |
| As per Section 2(7), 'goods' include which things? | Things attached to the land agreed to be severed |
| Which section of the Sale of Goods Act defines ‘goods’? | Section 2(7) |
| In a sale, the ownership of goods is transferred to the buyer: | When agreed upon by the parties |
| The Indian Contract Act continues to apply to sale of goods contracts if its provisions are: | Not inconsistent with the Sale of Goods Act |
| When there is inconsistency between the Sale of Goods Act and the Indian Contract Act, which one prevails? | Sale of Goods Act |
| The legal framework for remedies such as damages in sale contracts derives from: | Indian Contract Act and Sale of Goods Act both |
| If a sale of goods contract is silent on a particular issue, the applicable rule comes from: | Indian Contract Act, 1872 |
| Free Judiciary Notes | |
| CHAPTER II | |
| FORMATION OF THE CONTRACT | |
| Section 4 of the Sale of Goods Act, 1930 deals with: | Sale and agreement to sell |
| A contract of sale of goods is a contract whereby the seller: | Transfers or agrees to transfer property in goods to the buyer for a price |
| In a ‘sale’, the transfer of ownership is: | Immediate |
| In an ‘agreement to sell’, the ownership in goods is transferred: | At a future time or upon fulfillment of a condition |
| A contract of sale may relate to: | Existing or future goods |
| In which case does the risk of loss remain with the seller? | Agreement to sell |
| Which is not an essential element of a contract of sale? | Delivery of goods |
| An agreement to sell becomes a sale when: | Ownership is transferred |
| Which type of contract is created when ownership is not yet transferred but is to be in the future? | Agreement to sell |
| Under the Sale of Goods Act, the price in a contract of sale must be: | In terms of money |
| In a sale, the risk of loss or damage to the goods passes to the buyer: | Immediately upon transfer of ownership |
| Which is not a correct statement? | Sale and agreement to sell are legally identical |
| Which is true about future goods under Section 4? | They can only be agreed to be sold |
| The Sale of Goods Act, 1930, requires that the transfer of ownership in goods must be for: | Money consideration |
| When does an agreement to sell become a sale? | When conditions agreed upon are fulfilled |
| Which is best illustrates a contract of sale? | Sale of a used phone for cash |
| In a contract of sale, the ownership of goods may be transferred: | Immediately or in future |
| Under Section 5 of the Sale of Goods Act, a contract of sale can be made: | By writing, word of mouth, or by conduct |
| Which is NOT a valid mode of forming a contract of sale under Section 5? | Silent assumption |
| The contract of sale may be made: | In any manner showing agreement between buyer and seller |
| Section 5 states that the payment under a contract of sale can be: | Made immediately or in instalments or on a future date |
| A contract of sale can be implied by: | The conduct of the parties |
| According to Section 5, a contract of sale is complete when: | There is mutual consent and consideration |
| Under Section 5, when may the delivery of goods take place? | Immediately, by instalments, or at a future date |
| The Sale of Goods Act allows a contract to be formed through: | Mutual consent |
| Under Section 5, when is registration of a contract of sale mandatory? | Never – the Act does not require registration |
| When is a contract of sale considered complete under the Act? | When there is mutual agreement on the transfer of goods for price |
| Section 6 of the Sale of Goods Act, 1930 deals with: | Existing or future goods |
| Goods owned or possessed by the seller at the time of the contract are called: | Existing goods |
| Goods which are to be manufactured, acquired, or produced by the seller after the contract are called: | Future goods |
| A contract of sale may be made for: | Either existing or future goods |
| Which is an example of future goods? | Goods to be manufactured next month |
| A contract for sale of future goods operates as: | An agreement to sell |
| When can a valid sale take place for future goods? | When the goods are acquired and ownership is transferred |
| Under Section 6(1), the subject matter of a contract of sale can be: | Existing goods, future goods, or contingent goods |
| Future goods can be: | The subject of an agreement to sell |
| A contract to sell mangoes that will be harvested next season is a contract of: | Agreement to sell future goods |
| Section 7 of the Sale of Goods Act, 1930 deals with: | Goods perishing before contract |
| Section 7 applies only when the goods are: | Specific goods |
| A contract is void under Section 7 when: | Specific goods have perished before the contract is made |
| What is the legal status of a contract if specific goods had already perished before the contract, and neither party knew? | Void |
| Which is essential for Section 7 to apply? | The seller must be unaware of the destruction |
| Which type of goods are relevant under Section 7? | Specific goods only |
| A contract to sell specific goods that have already perished is: | Void |
| Section 7 emphasizes the principle of: | Mutual mistake |
| Section 8 of the Sale of Goods Act, 1930 deals with: | Goods perishing after agreement to sell but before sale |
| Under Section 8, the contract is void if the goods perish: | Before sale is completed, after agreement to sell |
| Which type of goods are relevant under Section 8? | Specific goods |
| In an agreement to sell, the risk remains with the: | Seller |
| If specific goods are damaged beyond sale after an agreement to sell, who bears the loss? | Seller, if ownership not transferred |
| Which principle is reflected in Section 8? | Doctrine of risk follows ownership |
| When does risk pass from seller to buyer in a contract of sale? | With transfer of ownership |
| The rule in Section 8 is similar to the doctrine of: | Frustration of contract |
| Section 9 of the Sale of Goods Act, 1930 deals with: | Ascertainment of price |
| According to Section 9, the price of goods may be: | Fixed by the contract or in a manner agreed |
| If the price is not determined in the contract, the buyer is required to pay: | A reasonable price |
| “Reasonable price” under Section 9 is determined as: | A question of fact |
| If a contract does not specify a price, which applies? | Buyer must pay a reasonable price |
| Section 10 of the Sale of Goods Act, 1930 deals with: | Agreement to sell at valuation |
| An agreement to sell becomes void under Section 10 if: | Third party fails to fix the price |
| If goods have been delivered and appropriated under an agreement to sell at valuation, the buyer must: | Pay a reasonable price |
| In an agreement to sell at valuation, the price is to be fixed by: | Third party |
| A contract to sell is valid if: | Valuation is provided by an agreed third party |
| Section 11 of the Sale of Goods Act, 1930 relates to: | Time stipulations in contracts of sale |
| Which statements is true regarding time in contracts of sale? | Time is not of the essence unless agreed by both parties |
| In the case of Union of India vs. B.N. Nandi, it was held that: | Time stipulations must be strictly followed when agreed upon |
| According to Section 11, if a time stipulation is not a condition of the contract, then: | The contract may still be performed despite the delay |
| Which would make time a condition of the contract under Section 11? | The contract explicitly states that time is of the essence |
| If a seller fails to deliver the goods on time but the contract does not specify that time is of the essence, the buyer: | May still have to accept delivery within a reasonable time |
| In the case of Union of India vs. B.N. Nandi, the issue of time was considered because: | Time was an essential part of the agreement |
| In the absence of a time stipulation, the law presumes the time of delivery to be: | As soon as possible, within a reasonable time |
| Section 12 of the Sale of Goods Act, 1930 deals with: | Conditions and warranties in contracts of sale |
| A condition in a contract of sale is defined as: | An essential term which must be fulfilled |
| Which is true about a warranty under Section 12 of the Sale of Goods Act, 1930? | Breach of warranty gives the aggrieved party the right to sue for damages |
| If a contract specifies that a particular term is a "condition," a breach of that condition allows the aggrieved party to: | Terminate the contract and claim damages |
| Under Section 12, if a contract is silent about the nature of the stipulations, the law will treat them as: | Warranties |
| A stipulation in a contract that the goods will be of a specific quality is generally considered a: | Condition |
| Section 13 of the Sale of Goods Act, 1930, deals with: | When a condition is treated as a warranty |
| Under Section 13, a condition may be treated as a warranty if: | The breach of the condition is accepted by the aggrieved party |
| If the buyer accepts goods knowing the breach of a condition, then: | The condition may be treated as a warranty |
| If the seller makes a minor defect in the goods and the buyer accepts them, the breach of condition will likely be treated as: | A breach of warranty |
| Which statements is true regarding the breach of a condition under Section 13? | The breach can be waived and treated as a warranty with the buyer’s consent |
| If a condition is waived by the buyer under Section 13, the buyer can still: | Claim damages for the breach of the warranty |
| Section 14 of the Sale of Goods Act, 1930, deals with the: | Implied undertaking as to title |
| Under Section 14, the seller of goods is deemed to have an implied warranty that: | The seller has the right to sell the goods |
| If the seller does not have the right to sell the goods, the buyer can: | Return the goods and claim damages |
| According to Section 14, if the goods are subject to an undisclosed charge, the buyer may: | Return the goods and sue for damages |
| Which is true about the implied warranty under Section 14 in a contract of sale? | It is implied that the seller has the right to sell the goods free from encumbrances |
| Section 15 of the Sale of Goods Act, 1930, deals with: | Sale by description |
| In a sale by description, the goods must: | Conform to the description given by the seller |
| Which statements is true regarding a sale by description under Section 15? | The goods must correspond to the description even if the buyer inspects them |
| In the case of Harling v. Eddy (1951), the court ruled that the seller was liable for: | Breach of contract due to failure to meet the description |
| According to Section 15, when goods are sold by description, the buyer has the right to reject the goods if: | The goods do not conform to the description |
| Which is NOT a requirement under Section 15 regarding a sale by description? | The goods must be inspected by the buyer before the sale |
| In Ellis v. Atkinson (1858), the court ruled that the sale of goods by description meant: | The buyer has the right to reject the goods if they do not match the description |
| When goods are sold by description under Section 15, the description must: | Be true and not misleading |
| In Harling v. Eddy (1951), the buyer’s right to reject the goods was upheld because: | The goods did not match the description provided |
| Which conditions apply in a sale by description under Section 15? | The description must be complete, accurate, and not misleading |
| Section 16 of the Sale of Goods Act, 1930, deals with: | Implied conditions as to quality or fitness |
| Under Section 16, if the buyer buys goods for a particular purpose, the seller must ensure that the goods are: | Suitable for the purpose the buyer has made known |
| Section 16 implies that goods sold must be of: | Merchantable quality |
| According to Section 16, if a buyer has an opportunity to inspect the goods before purchase, the implied condition as to fitness and quality may be: | Waived |
| Under Section 16, the implied condition of fitness for a particular purpose does not apply if: | The buyer inspects the goods before purchasing them |
| Under Section 16, if the goods sold are fit for the particular purpose communicated by the buyer, it is an implied condition that the goods will: | Be of merchantable quality |
| Which does NOT come under the implied condition of merchantable quality under Section 16? | The goods must meet the specific requirements of the buyer |
| If a seller knows that the goods are to be used for a particular purpose, the goods must be: | Fit for that particular purpose |
| If the buyer has not communicated a specific purpose for which they need the goods, the implied condition of fitness does not apply. However, the goods must still be: | Of a reasonable quality and fit for general use |
| Section 17 of the Sale of Goods Act, 1930, deals with: | Sale by sample |
| In a sale by sample, the goods delivered must: | Match the sample in quality |
| When goods are sold by sample, the seller must ensure that: | The bulk of the goods corresponds with the sample in quality |
| In the case of Beale v. Taylor (1967), the court ruled that: | The bulk of the goods must correspond to the sample in terms of quality |
| In a sale by sample, it is the responsibility of the seller to ensure that: | The bulk corresponds with the sample in quality |
| In a sale by sample, if the goods delivered do not conform to the sample in quality, the buyer is entitled to: | A full refund |
| The implied condition under Section 17 regarding the quality of the goods sold by sample applies to: | Only the quality of the goods |
| If a seller delivers goods that are not of merchantable quality but were sold by sample, the buyer can: | Return the goods and claim a refund or replacement |
| Section 18 of the Sale of Goods Act, 1930, requires that the goods in a contract of sale must be: | Ascertained |
| Free One Liner Notes | |
| CHAPTER III | |
| EFFECTS OF THE CONTRACT | |
| According to Section 18 of the Sale of Goods Act, 1930, goods must be ascertained for the contract of sale to be: | Valid |
| Which is an example of goods being ascertained? | Goods being described as "100 units of laptops from a specified model" |
| When the goods have been ascertained, the contract of sale becomes enforceable because: | The goods are specific and identifiable |
| Under Section 18, when a contract of sale involves goods that are yet to be ascertained, the contract remains: | Invalid until the goods are identified |
| Section 18 applies to: | All contracts of sale where the goods are unascertained until identified |
| If the buyer and seller agree on a price but do not specify the goods, the contract is considered: | Void unless the goods are ascertained |
| If goods are described in the contract but are not identified, the sale is: | Not valid until the goods are identified or ascertained |
| According to Section 19 of the Sale of Goods Act, 1930, the property in goods passes when: | The parties intend it to pass |
| Under Section 19, if the contract does not specify when the property in goods passes, the general rule is that it passes when: | The parties agree on the time of passing the property |
| Which is an example of property passing in a contract of sale under Section 19? | The buyer and seller agree that property passes when payment is made |
| In a sale of goods, if no agreement exists regarding when property passes, the general rule is that it passes when: | The goods are delivered and the buyer accepts them |
| According to Section 20 of the Sale of Goods Act, 1930, specific goods are in a deliverable state when they: | Are ready for delivery to the buyer |
| For specific goods to be in a deliverable state under Section 20, they must: | Be ready for delivery without requiring further preparation by the seller |
| Under Section 20 of the Sale of Goods Act, if specific goods require further preparation before they can be delivered, the property in the goods passes when: | The seller completes the preparation of the goods |
| If specific goods are not in a deliverable state at the time the contract is made, the seller is responsible for: | Preparing the goods and putting them into a deliverable state |
| In the case of Chandelor v. Lopus (1603), the court ruled that if goods are not in a deliverable state, the seller must: | Put the goods into a deliverable state |
| In a sale of specific goods, if the buyer inspects the goods but later notices they are not in a deliverable state, the buyer can: | Reject the goods and demand a replacement |
| According to Section 21 of the Sale of Goods Act, 1930, if specific goods are not in a deliverable state, the seller is required to: | Complete any necessary work to make the goods deliverable |
| Under Section 21, if specific goods require work to be done to make them deliverable, the property passes to the buyer when: | The work is completed, making the goods deliverable |
| Section 21 of the Sale of Goods Act, 1930, applies to: | Specific goods that require further preparation or work before delivery |
| If specific goods are in an incomplete or unfit state, the seller must: | Complete the necessary work to put the goods in a deliverable state |
| Which is true regarding the seller’s obligation to put specific goods into a deliverable state under Section 21? | The seller must finish the required work before delivering the goods to the buyer |
| In a contract for the sale of specific goods, if the goods require finishing before delivery, who bears the cost of completing the work? | The seller |
| According to Section 22, if the seller must perform a task (e.g., measuring or testing) to ascertain the price of goods, property in the goods passes to the buyer when: | The task is completed and the price is known |
| When specific goods are in a deliverable state, but the seller needs to perform some action to ascertain the price, the goods remain the seller’s property until: | The seller performs the required task to ascertain the price |
| In the case of specific goods in a deliverable state where the price needs to be ascertained, which must occur before the property in the goods passes to the buyer? | The seller must complete the task necessary to ascertain the price |
| Under Section 22 of the Sale of Goods Act, 1930, if specific goods are in a deliverable state but the price needs to be ascertained, the seller must: | Perform the necessary task to fix the price |
| According to Section 23 of the Sale of Goods Act, 1930, the sale of unascertained goods becomes effective when: | The goods are identified and agreed upon by the parties |
| Under Section 23, delivery of goods to a carrier is considered as delivery to the buyer if: | The goods are in transit and identified as the buyer’s property |
| In a sale of unascertained goods, the seller must appropriate or identify the goods to the contract in order for: | The property in the goods to pass |
| When a seller delivers unascertained goods to a carrier for transport to the buyer, the contract is considered complete if: | The seller identifies the specific goods being delivered to the carrier |
| Under Section 23, the delivery of unascertained goods to a carrier by the seller is equivalent to: | Delivery of the goods to the buyer |
| In the sale of unascertained goods, the appropriation of the goods to the contract must be made by: | The seller |
| When the seller delivers unascertained goods to a carrier under Section 23, the seller’s responsibility is considered fulfilled when: | The goods are delivered to the carrier and identified as the buyer’s property |
| In the case of a sale of unascertained goods, appropriation can occur when: | The goods are specified or set aside for the buyer |
| If a contract involves the sale of unascertained goods and the seller delivers the goods to the carrier, the property in the goods will pass to the buyer when: | The goods are handed over to the carrier and identified as the buyer's goods |
| Under Section 24 of the Sale of Goods Act, 1930, if goods are sent to the buyer "on approval," the property in the goods remains with: | The seller |
| In a "sale or return" contract under Section 24 of the Sale of Goods Act, 1930, the buyer has the option to: | Reject the goods within a reasonable time |
| Under Section 24, goods sent on approval or "on sale or return" can only be considered sold when: | The buyer accepts the goods and communicates their intention to purchase |
| Under Section 24 of the Sale of Goods Act, 1930, if the buyer does not return the goods within a reasonable time, it is presumed that: | The buyer has accepted the goods |
| In a contract for goods sent on approval, if the buyer does not communicate their decision to approve or reject within the specified time, the seller can: | Treat the goods as accepted |
| In a "sale or return" contract, the property in the goods passes to the buyer when: | The buyer accepts the goods |
| Under Section 24, if the buyer returns the goods after the return period has passed, the seller may: | Reject the return and cancel the contract |
| Under Section 25 of the Sale of Goods Act, 1930, the seller can retain the right of disposal of the goods until: | The buyer pays the full price |
| In a contract where the seller reserves the right of disposal under Section 25, the ownership of goods passes to the buyer when: | The buyer pays the price |
| Section 25 of the Sale of Goods Act, 1930, allows the seller to retain the right to dispose of the goods until: | The seller has been paid the full purchase price |
| In a situation where the seller retains the right of disposal under Section 25, the buyer has possession of the goods, but the property in the goods remains with: | The seller |
| Under Section 25 of the Sale of Goods Act, 1930, if the seller has reserved the right of disposal, the buyer can: | Only use the goods until the right is transferred |
| When the seller retains the right of disposal under Section 25, the buyer has a right to possess the goods only if: | The buyer pays the agreed price |
| According to Section 26 of the Sale of Goods Act, 1930, the risk in goods passes to the buyer when: | The property in the goods passes to the buyer |
| Under Section 26 of the Sale of Goods Act, 1930, if the goods are in transit at the time of the sale, the risk passes to the buyer when: | The property in the goods passes to the buyer |
| In a contract for sale, if the risk in the goods is passed to the buyer under Section 26, the seller is not liable for: | Any loss or damage to the goods once the property passes |
| Which is true regarding the transfer of risk under Section 26 of the Sale of Goods Act, 1930? | Risk passes when the property in the goods passes to the buyer |
| Section 26 of the Sale of Goods Act, 1930, establishes that the risk passes to the buyer at the time when: | The property in the goods passes to the buyer, unless agreed otherwise |
| If the goods are destroyed after the contract but before the property passes to the buyer, who bears the risk under Section 26? | The seller, because the property has not passed to the buyer |
| Section 27 of the Sale of Goods Act, 1930, is based on the doctrine of: | Nemo dat quod non habet |
| If a person sells goods that they do not own, the buyer under Section 27 of the Sale of Goods Act, 1930, would generally acquire: | No title to the goods |
| In which situations can a non-owner transfer ownership under Section 27 of the Sale of Goods Act, 1930? | If the buyer is a bona fide purchaser and unaware of the seller’s lack of ownership |
| Section 27 of the Sale of Goods Act, 1930, implies that a person who sells goods without ownership generally has the power to transfer: | No rights over the goods |
| Which can happen if a non-owner sells goods under Section 27 of the Sale of Goods Act, 1930? | The buyer may take possession but will not acquire ownership |
| According to Section 27 of the Sale of Goods Act, 1930, if a buyer purchases goods from a person who is not the owner and the goods are later seized, the buyer: | Will have no claim to the goods |
| Which statements is true under Section 27 of the Sale of Goods Act, 1930? | A non-owner can transfer full ownership to the buyer if the buyer is unaware |
| According to Section 28 of the Sale of Goods Act, 1930, a sale by one of the joint owners of goods is valid if: | The other co-owners consent to the sale |
| Under Section 28 of the Sale of Goods Act, 1930, if one joint owner sells the goods without the consent of the other co-owners, the buyer: | Acquires no title to the goods |
| Section 28 of the Sale of Goods Act, 1930, applies to which scenarios? | Sale of goods by a joint owner without the consent of the other owners |
| If one joint owner of goods sells the goods under Section 28 of the Sale of Goods Act, 1930, without the consent of the other joint owners, the buyer: | Will acquire no title to the goods |
| In case of joint ownership, a sale made by one of the joint owners without the authority of the other co-owners will generally: | Not transfer any ownership to the buyer |
| Which is true according to Section 28 of the Sale of Goods Act, 1930? | A joint owner can sell goods if the other co-owners have agreed or ratified the sale |
| Section 28 of the Sale of Goods Act, 1930, primarily applies to sales involving: | Co-owners of goods |
| Under Section 28, a buyer who purchases goods from one of the joint owners without the consent of other owners: | Can take possession of the goods but will not acquire full ownership |
| Which is an example of an invalid sale under Section 28 of the Sale of Goods Act, 1930? | A joint owner selling the goods to a third party without informing the other co-owners |
| In the case of a sale by one joint owner under Section 28, the buyer can acquire a good title to the goods only if: | The other co-owners have given prior consent or ratified the sale |
| Under Section 28 of the Sale of Goods Act, 1930, what happens if one joint owner sells the goods without the other co-owners' consent, and the buyer acts in good faith? | The buyer’s title is voidable at the option of the co-owners |
| Under Section 29 of the Sale of Goods Act, 1930, when a person sells goods to a third party, the title of the goods will be valid if the contract under which they hold the goods is: | Voidable and not rescinded before the sale |
| In the case of a voidable contract under Section 29 of the Sale of Goods Act, 1930, the buyer in good faith and without notice of the defect in the seller’s title will: | Acquire a good title if the contract has not been rescinded |
| Section 29 of the Sale of Goods Act, 1930, applies to the sale of goods by a person in possession of goods that are subject to a: | Voidable contract |
| If a person in possession of goods sells them under a voidable contract, the title to the goods will pass to the buyer if: | The contract is not rescinded by the original owner before the sale |
| According to Section 29 of the Sale of Goods Act, 1930, a buyer who purchases goods under a voidable contract can acquire a valid title if: | The seller has legal possession of the goods at the time of the sale |
| If a person has possession of goods under a voidable contract, the buyer who purchases them in good faith will acquire a valid title unless: | The contract was rescinded before the sale |
| In a sale by a person in possession under a voidable contract, the buyer’s title will not be affected if: | The original owner has not taken action to rescind the contract before the sale |
| Under Section 29, if a voidable contract is rescinded by the original owner before a sale is made, the buyer’s title will be: | Invalid, as the goods have been reclaimed |
| A sale made under a voidable contract under Section 29 is considered valid only if: | The buyer acquires the goods in good faith without knowledge of the voidable contract |
| According to Section 30 of the Sale of Goods Act, 1930, if a seller retains possession of the goods after the sale, the buyer can still claim the goods if: | The title to the goods has passed to the buyer |
| Under Section 30 of the Sale of Goods Act, 1930, if the buyer is in possession of the goods before the title passes, the buyer: | Cannot transfer the title of goods to a third party |
| Section 30 of the Sale of Goods Act, 1930, allows the seller to retain possession of the goods after the sale if: | The seller has a right to retain the goods as security for the price |
| If a seller is in possession of goods after a sale, the buyer's right to the goods is dependent on: | The buyer's payment of the full price |
| Section 30 of the Sale of Goods Act, 1930, applies when a seller retains possession of the goods after the sale under which condition? | The contract specifies the seller will retain possession as security |
| Under Section 30 of the Sale of Goods Act, 1930, if a buyer is in possession of goods before the title passes, the buyer: | Cannot transfer title to the goods to a third party |
| Section 30 of the Sale of Goods Act, 1930, states that the seller's possession after sale is legitimate if: | The contract gives the seller a lien or right to retain the goods |
| If the seller continues in possession of the goods after the sale and the buyer later defaults in payment, the seller has the right to: | Retain possession of the goods until the buyer pays the price |
| Under Section 30 of the Sale of Goods Act, 1930, if a buyer is in possession of goods, the title to the goods passes to the buyer: | When the goods are transferred and the price is paid, unless there’s an agreement to the contrary |
| Section 30 of the Sale of Goods Act, 1930, applies to all transactions where the seller or buyer: | Continues to hold goods until certain conditions are fulfilled, like payment |
| According to Section 30, if the seller is in possession of goods after the sale and the buyer has paid the full price, the seller must: | Deliver the goods immediately upon request by the buyer |
| Free Mock Tests | |
| CHAPTER IV | |
| PERFORMANCE OF THE CONTRACT | |
| According to Section 31 of the Sale of Goods Act, 1930, the seller is obligated to deliver goods that are: | Of the same kind, quality, and quantity as agreed upon in the contract |
| Under Section 31 of the Sale of Goods Act, 1930, the buyer is bound to pay the price for the goods in: | The manner and at the time specified in the contract |
| Under Section 31, if a buyer refuses to accept the goods upon delivery without a legitimate reason, the seller may: | Sue for damages or compel the buyer to accept the goods |
| Which is a duty of the seller under Section 31 of the Sale of Goods Act, 1930? | To transfer the title of goods to the buyer |
| In which circumstances would a seller NOT be liable under Section 31 of the Sale of Goods Act, 1930? | If the buyer had previously accepted the goods but later changes their mind |
| According to Section 31 of the Sale of Goods Act, 1930, the buyer is responsible for paying the price of the goods as per the contract unless: | The seller has failed to deliver the goods |
| According to Section 32 of the Sale of Goods Act, 1930, the conditions of payment and delivery are: | Concurrent |
| Under Section 32 of the Sale of Goods Act, 1930, a seller is not bound to deliver the goods unless the buyer is: | Ready and willing to pay the price |
| Section 32 of the Sale of Goods Act, 1930, applies to situations where: | Both payment and delivery are to occur at the same time unless agreed otherwise |
| Under Section 32, if the buyer is not ready to pay for the goods, the seller: | Has no obligation to deliver the goods |
| In a contract governed by Section 32 of the Sale of Goods Act, 1930, if the seller delivers goods but the buyer refuses to pay, the seller can: | Sue for the price or return of the goods |
| Under Section 32 of the Sale of Goods Act, 1930, the buyer must pay the price at the time of delivery unless: | The contract states otherwise |
| Section 32 of the Sale of Goods Act, 1930, implies that both delivery and payment must happen at: | The time agreed by the parties |
| If the seller is ready to deliver the goods but the buyer refuses to pay the price, the buyer is in breach of: | Payment obligations |
| Under Section 32, if the goods are delivered but the buyer refuses to pay, the buyer is considered to be in: | Breach of contract |
| Section 32 of the Sale of Goods Act, 1930, creates a situation where: | Both buyer and seller are required to perform their obligations concurrently |
| Under Section 32, if the seller is ready to deliver the goods, but the buyer is unable to pay at the time of delivery, the seller can: | Rescind the contract or seek compensation for damages |
| Under Section 33 of the Sale of Goods Act, 1930, the seller is required to deliver the goods to the buyer: | At the time specified in the contract |
| According to Section 33, the place of delivery of goods is determined by: | The location agreed upon in the contract |
| If no time for delivery is specified in the contract, delivery of goods must take place: | Within a reasonable time |
| Under Section 33, if the contract does not specify a place of delivery, the goods will be delivered at: | The location where the goods were situated at the time of sale |
| According to Section 33, if the goods are sold on a “sale or return” basis, the delivery is complete when: | The buyer accepts the goods |
| In case of delivery by a carrier, the delivery will be complete when the goods are: | Delivered to the carrier |
| Section 33 specifies that delivery must be made in accordance with the contract's terms. If the contract does not specify terms, the goods should be delivered: | Within a reasonable time |
| The term "delivery" under Section 33 of the Sale of Goods Act, 1930, can be satisfied all except: | The buyer taking possession of the goods without prior notice |
| Under Section 34, when a buyer accepts part of the goods delivered, the buyer is: | Bound to accept the full quantity of goods unless the contract specifies otherwise |
| If the buyer accepts part delivery but the seller fails to deliver the remaining goods, the buyer may: | Demand the full delivery of the goods |
| Under Section 34 of the Sale of Goods Act, 1930, if part of the goods are delivered, and the buyer refuses to accept them, the seller is entitled to: | Sue the buyer for the price of the part delivered |
| When goods are delivered in part and the buyer accepts them, the buyer: | Has accepted the contract in full |
| In case of part delivery under Section 34, if the seller fails to deliver the remainder of the goods, the buyer: | May sue the seller for non-delivery of the remaining goods |
| Section 34 of the Sale of Goods Act, 1930, applies to contracts involving the delivery of goods in: | Installments |
| If part delivery occurs and the buyer refuses to accept it, the buyer is required to: | Demand the full amount of goods as agreed in the contract |
| According to Section 35 of the Sale of Goods Act, 1930, the seller is not bound to deliver the goods unless: | The buyer applies for delivery |
| Under Section 35, if no specific time is mentioned in the contract, the buyer must apply for delivery: | Within a reasonable time |
| What is the effect if the buyer does not apply for delivery under Section 35? | The seller is not obligated to deliver |
| Under Section 35, who has the duty to initiate delivery when not otherwise agreed? | The buyer |
| If a buyer fails to apply for delivery and later claims non-delivery, under Section 35: | The buyer’s claim is invalid |
| Section 35 primarily imposes an obligation on the: | Buyer to apply for delivery |
| In the absence of an agreement, the responsibility to initiate the delivery process lies with: | The buyer |
| If goods are in the possession of a third party at the time of sale, delivery is complete only when: | The third party acknowledges holding the goods on buyer’s behalf |
| If the seller must send the goods but no time is fixed, the seller must deliver them: | Within a reasonable time |
| Delivery must be made at a reasonable hour unless: | Otherwise agreed |
| Who bears the expense of making the goods deliverable unless otherwise agreed? | The seller |
| If the goods are not yet manufactured, delivery should occur at: | The place where goods are to be produced |
| A tender of delivery may be considered invalid if it is not made at: | A reasonable hour |
| When the contract mentions a place of delivery, the goods must be delivered: | At the agreed place |
| In the absence of contract to the contrary, the delivery of goods must be at: | The place where the goods are at the time of sale |
| If the seller delivers less than the contracted quantity, the buyer may: | Accept the goods and claim damages |
| If the seller delivers more than the contracted quantity, the buyer may: | Accept the contracted quantity and reject the excess |
| If the buyer accepts a part of the goods delivered in excess, they must pay for: | Only the goods they have accepted |
| In case of short delivery, the buyer may: | Sue the seller for the balance |
| If the seller delivers a greater quantity than contracted, the buyer may: | Accept the agreed quantity and reject the excess |
| If the seller delivers a smaller quantity than the contract specifies, the buyer may: | Insist on delivery of the remaining quantity or reject the goods |
| In case of delivery of the wrong quantity, the buyer is entitled to: | Cancel the entire contract if it significantly affects the performance |
| If the seller delivers the wrong quantity of goods, the buyer's rights include: | Both b and c |
| The buyer’s right to reject goods due to the wrong quantity is lost if: | They accept the goods without objection |
| When the buyer receives more goods than agreed, they are required to: | Pay only for the contracted quantity |
| If there is an excess delivery of goods, the buyer can: | Accept the contracted quantity and reject the rest |
| If the buyer accepts part of the goods delivered in excess, they must: | Pay for the accepted quantity only |
| When a contract for goods specifies an exact quantity, and the seller delivers more or less, the buyer’s action is to: | Accept the contracted quantity and either reject or return the rest |
| Under Section 38, a contract for sale of goods may provide for delivery in: | Instalments |
| If a contract provides for instalment delivery, the buyer has the right to reject an instalment only if: | One or more instalments are defective |
| Under Section 38, if one instalment is rejected, it will not affect the entire contract unless: | The failure to deliver the instalment affects the buyer’s ability to perform the contract |
| If the buyer accepts one instalment and later rejects others, they may: | Claim damages for the defective instalments rejected |
| Under Section 39, delivery of goods to a carrier or wharfinger is considered: | Delivery to the buyer's agent |
| According to Section 39, when goods are delivered to a carrier or wharfinger for transportation to the buyer, the risk passes to the buyer: | As soon as the goods are handed over to the carrier |
| When goods are delivered to a carrier or wharfinger, they are deemed to be delivered to the buyer unless: | The contract specifically requires delivery at the buyer’s location |
| Under Section 40, when goods are sold for delivery at a distant place, the risk of loss or damage to the goods passes to the buyer when: | The goods are handed over at the place of delivery |
| If the contract requires delivery of goods at a distant place, the risk passes to the buyer: | Once the goods are delivered to the agreed place of destination |
| According to Section 40, the seller is responsible for the risk of the goods until they are delivered to the buyer at a distant place, unless: | The seller has explicitly agreed to a different risk allocation |
| In a contract where goods are delivered to a distant place, the seller bears the risk: | Until the goods arrive at the agreed place |
| Under Section 40, if the seller has delivered the goods to a distant place, the risk of loss or damage passes to the buyer when: | The goods are received by the buyer at the distant place |
| If goods are sold for delivery at a distant place and are lost or damaged during transit, who bears the risk according to Section 40? | The seller bears the risk until delivery to the buyer |
| When the goods are sold for delivery at a distant place, the seller is required to: | Ensure the goods arrive at the agreed destination |
| Under Section 40, if the contract requires the goods to be delivered to a distant place and the goods are delayed during transit, the risk still remains with: | The seller, until they reach the destination |
| Under Section 41, the buyer has the right to examine the goods before: | Taking delivery |
| According to Section 41, if the goods are delivered without being examined by the buyer, the buyer has the right to examine them at: | The place where the goods are delivered |
| Under Section 42, the buyer is deemed to have accepted the goods when they: | Fail to reject the goods within a reasonable time |
| According to Section 42, the buyer may accept the goods by: | Taking delivery of the goods without protest |
| The buyer's right to reject goods is lost under Section 42 if they: | Delay in rejecting the goods within a reasonable time |
| Section 42 states that acceptance of the goods does not necessarily imply that the goods are: | Free from defects |
| Under Section 43, when goods are rejected by the buyer, the buyer is: | Not bound to return the goods to the seller |
| According to Section 43, if the buyer rejects the goods, they are not required to return the goods unless: | The goods are still in the buyer's possession |
| Under Section 43, if the buyer rejects the goods, they do not have to return them unless: | The seller asks the buyer to return the goods |
| Under Section 43, what happens when goods are rejected by the buyer and the seller does not request the return? | The buyer can dispose of the goods as they wish |
| According to Section 43, in case of rejection, the buyer’s obligation is: | To return the goods, but only if the seller requests it |
| Under Section 44, if the buyer neglects or refuses to take delivery of goods, they are: | Not bound to return the goods to the seller |
| According to Section 44, the buyer’s refusal to take delivery of goods can result in the seller’s right to: | Sell the goods to a third party |
| If the buyer refuses to take delivery, the seller may claim damages for: | Losses caused by the refusal or neglect |
| Under Section 44, the buyer is liable for neglecting or refusing to take delivery of goods, even if: | The goods are defective |
| Section 44 imposes liability on the buyer if they: | Refuse to accept delivery when the goods are ready |
| Explore All Courses | |
| CHAPTER V | |
| RIGHTS OF UNPAID SELLER AGAINST THE GOODS | |
| Under Section 45 of the Sale of Goods Act, 1930, who is defined as an "unpaid seller"? | A seller who has not received the whole price for the goods |
| According to Section 45, an unpaid seller can be defined as one who has not received: | The full price of the goods |
| Under Section 45 of the Sale of Goods Act, 1930, an unpaid seller has the right to: | Retain the goods until the buyer pays the price in full |
| According to Section 45, an unpaid seller's lien exists until: | The full price is received by the seller |
| In the case of Dutton v. Poole (1919), it was held that a seller is an unpaid seller if: | The buyer has not paid a portion of the price |
| An unpaid seller is defined in Section 45 as someone who has the right to: | Retain possession of the goods until the full price is paid |
| According to Section 45, the term “unpaid seller” includes: | A seller who has received some but not all of the price |
| Under Section 45, when an unpaid seller has possession of the goods, they have the right to: | Exercise a lien over the goods |
| According to Section 45 of the Sale of Goods Act, an unpaid seller has the right to: | Retain possession of the goods until the price is paid or tendered |
| The case of The Cornwall (1922) deals with the definition of an unpaid seller and explains that: | The seller's lien ends when the goods are sold to a third party |
| According to Section 45, when is a seller considered an “unpaid seller”? | If the price is unpaid even after delivery of the goods |
| Under Section 45, the rights of an unpaid seller are available when: | The seller has delivered the goods, but the buyer has not paid the full price |
| In the case of Saleh & Co. v. Amritraj Singh (1957), the court ruled that an unpaid seller has the right to: | Withhold the goods and claim damages for loss of value |
| According to Section 45, if the buyer has already received the goods, but has not paid for them, the seller is an unpaid seller who: | Can claim the goods back from the buyer |
| Under Section 45, an unpaid seller can exercise a lien over the goods until the full price is paid, even if: | The goods have been delivered to the buyer’s location |
| In the case of Cooke v. Lyle (1910), the court clarified that the seller is an unpaid seller if: | The buyer fails to pay the price on time, but the seller has made a partial delivery |
| According to Section 46 of the Sale of Goods Act, 1930, which is a right of the unpaid seller? | To resell the goods |
| Under Section 46, if the buyer neglects or refuses to pay for the goods, the unpaid seller has the right to: | Exercise a lien on the goods |
| Section 46 grants the unpaid seller the right to resell the goods in which cases? | When the buyer has repudiated the contract |
| According to Section 46 of the Sale of Goods Act, 1930, when can an unpaid seller exercise the right of lien? | If the goods have not yet been delivered to the buyer |
| Which is a right of the unpaid seller under Section 46 of the Sale of Goods Act, 1930? | The right to resell the goods after a proper notice |
| Under Section 46, if the unpaid seller resells the goods, the buyer is liable to: | Pay any additional loss suffered due to the resale |
| In the case of K.S. P. S. S. Lakshmi v. Bank of India (1996), the court ruled that the unpaid seller has the right to: | Exercise the right of lien or resell the goods |
| According to Section 46, the unpaid seller's right of resale is subject to: | Written notice to the buyer and a reasonable period to take delivery |
| Under Section 46, which rights can an unpaid seller exercise if the buyer has not paid the price and goods are in the seller's possession? | Right to retain the goods and withhold delivery until payment is made |
| Section 46 of the Sale of Goods Act, 1930, gives the unpaid seller the right to refuse delivery of goods in case of: | The buyer has made no payment for the goods |
| In the case of R.S. V. Mehta & Co. v. Union of India (1958), the court held that the unpaid seller may exercise a right of lien if: | The buyer refuses to accept delivery of the goods |
| Under Section 46 of the Sale of Goods Act, 1930, an unpaid seller may also exercise a right of resale if: | The goods are perishable or easily damaged |
| According to Section 46, which actions is NOT a right of the unpaid seller? | The right to resell the goods at any price |
| Under Section 46, the unpaid seller’s lien may be lost if: | The seller accepts payment from the buyer |
| Under Section 46, which is a condition for the unpaid seller to exercise the right of resale? | A reasonable period must be given to the buyer to pay the price |
| In the case of Ramgopal S. Sons v. Union of India (1964), the court held that the unpaid seller has a right to: | Exercise a lien on the goods until the price is paid in full |
| Under Section 46, if an unpaid seller resells the goods, and the resale results in a loss, the unpaid seller may claim: | The difference between the resale price and the original price |
| Under Section 47 of the Sale of Goods Act, 1930, what is the primary right of a seller’s lien? | To retain possession of the goods until the full price is paid |
| According to Section 47, the seller's lien can be exercised when: | The goods are in the possession of the seller |
| Under Section 47 of the Sale of Goods Act, the seller has a lien over goods if: | The buyer has made a partial payment but has not paid the full price |
| According to Section 47, the lien can be enforced by the seller until: | The buyer pays the full price of the goods |
| In which cases can a seller exercise their lien under Section 47 of the Sale of Goods Act, 1930? | When the buyer fails to pay the full price after delivery |
| Under Section 47, the seller can retain the goods as long as: | The buyer has not paid the entire price |
| The right of lien under Section 47 of the Sale of Goods Act can be lost if: | The seller delivers the goods to the buyer |
| Under Section 47 of the Sale of Goods Act, a seller’s lien is exercisable only when the goods are: | In the possession of the seller |
| If the buyer has paid a portion of the price and the seller retains the goods, which can happen according to Section 47? | The seller may retain the goods as long as the buyer has not paid in full |
| Under Section 48 of the Sale of Goods Act, 1930, what happens if a seller delivers part of the goods but does not deliver the entire quantity as agreed? | The buyer can reject the entire contract |
| According to Section 48, if there is a part delivery of goods, the buyer may: | Accept the part delivered and sue for the rest of the goods |
| Under Section 48, if a seller delivers only a portion of the goods under a contract of sale, the buyer is allowed to: | Accept the partial delivery and demand the remaining goods |
| Under Section 48, what is the effect of a part delivery of goods in a contract for sale of goods? | The buyer can accept the part delivered but may still demand the remainder of the goods |
| In which circumstances can a buyer reject the entire contract after part delivery according to Section 48? | If part of the goods delivered are defective |
| Under Section 48, the seller may be liable for damages if: | The part delivery does not comply with the agreed contract terms |
| Under Section 49 of the Sale of Goods Act, 1930, a seller's lien on goods is terminated when: | The full price is paid by the buyer |
| According to Section 49 of the Sale of Goods Act, the seller’s lien can also be terminated if: | The buyer resells the goods |
| Under Section 49, a seller’s lien is terminated when the seller: | Delivers the goods to the buyer’s carrier |
| According to Section 49, if the buyer makes full payment of the price for the goods, the seller's lien is: | Terminated |
| Under Section 49, the seller's lien is automatically terminated when: | The seller delivers the goods to the buyer |
| Under Section 49 of the Sale of Goods Act, 1930, which actions results in the termination of the seller's lien? | Payment of the price by the buyer |
| What does Section 50 of the Sale of Goods Act, 1930, deal with? | Right of stoppage in transit |
| Under Section 50, the right of stoppage in transit can be exercised by: | An unpaid seller |
| The right of stoppage in transit is available to the unpaid seller when the buyer: | Is or becomes insolvent |
| When can the unpaid seller exercise the right of stoppage in transit under Section 50? | While the goods are still in transit |
| Which condition must exist for the unpaid seller to exercise stoppage in transit under Section 50? | The buyer is found to be insolvent |
| According to Section 50, the right of stoppage in transit ends when: | The buyer or his agent obtains delivery of goods |
| Under Section 50, how can the unpaid seller exercise the right of stoppage in transit? | By giving notice to the carrier or bailee in possession of the goods |
| The right of stoppage in transit is a: | Statutory right |
| What does Section 51 of the Sale of Goods Act, 1930 define? | The duration of transit |
| Under Section 51, when does the transit of goods begin? | When the goods are delivered to the carrier |
| According to Section 51, when does the transit of goods end? | When the goods are received by the buyer or their agent |
| According to Section 51, if the buyer rejects the goods and the carrier continues possession, the transit: | Is still considered to be continuing |
| Which case is relevant to understanding the duration of transit under the Sale of Goods Act, 1930? | Schotsman v. Lancashire & Yorkshire Railway Co. |
| Under Section 51, delivery to a warehouse keeper appointed by the buyer is treated as: | End of transit |
| When is the unpaid seller no longer entitled to stop the goods in transit? | When buyer or agent receives possession |
| Section 52 of the Sale of Goods Act, 1930, explains how an unpaid seller can: | Stop goods in transit |
| According to Section 52, the unpaid seller may exercise stoppage in transit by: | Physically intercepting the goods |
| As per Section 52, the unpaid seller can stop the goods in transit by: | Giving notice to the carrier or bailee in possession |
| If the seller chooses to give notice to the carrier to stop goods in transit, under Section 52, the notice must be given: | While the goods are still in transit |
| Under Section 52, to effectively stop goods in transit, the seller must: | Notify the carrier or the bailee before delivery to the buyer |
| When does the notice of stoppage in transit become effective as per Section 52? | Once it is received by the carrier or bailee in possession |
| According to Section 52, after receiving notice of stoppage, the carrier must: | Redeliver goods to or hold them for the seller |
| As per Section 52, stoppage in transit can be effected by: | Taking actual possession of the goods |
| What does Section 53 of the Sale of Goods Act, 1930, deal with? | Effect of sub-sale or pledge by the buyer |
| According to Section 53(1), the unpaid seller’s right of lien or stoppage in transit is not affected by: | Buyer’s sub-sale or pledge |
| Under Section 53(1), the unpaid seller's right of lien or stoppage in transit continues unless: | The seller consents to the sub-sale or pledge |
| What is the main exception to the unpaid seller’s right under Section 53(1)? | If the buyer sub-sells or pledges with the seller’s consent |
| What does Section 54 of the Sale of Goods Act, 1930 deal with? | Lien or stoppage not resulting in rescission of sale |
| According to Section 54(1), the exercise of lien or stoppage in transit by the unpaid seller does not by itself: | Cancel the sale contract |
| Section 54(1) implies that merely exercising the right of lien or stoppage does not: | Rescind the sale |
| What must occur for the unpaid seller to resell the goods under Section 54(2)? | Have express or implied right of resale |
| Under Section 54(2), resale by the unpaid seller is allowed only if: | The right of resale has been expressly reserved |
| According to Section 54(2), the right of resale can arise by: | Express contract or implication |
| If the unpaid seller resells the goods under a valid right of resale, the new buyer: | Gets good title to the goods |
| Section 54 allows resale of goods by the unpaid seller only when: | The right is expressly or impliedly reserved |
| Previous Year Questions | |
| CHAPTER VI | |
| SUITS FOR BREACH OF THE CONTRACT | |
| What does Section 55 of the Sale of Goods Act, 1930 deal with? | Suit for price |
| According to Section 55(1), a seller can sue the buyer for the price of goods when: | The property in goods has passed to the buyer |
| Under Section 55(1), the seller can file a suit for the price when the buyer: | Has refused payment even though property has passed |
| As per Section 55(1), what condition must be met for the seller to sue for price? | Property in goods must have passed to the buyer |
| According to Section 55(2), a seller can sue for price even if: | Property has not passed |
| Under Section 55(2), in which case can the seller sue for price though the property has not passed? | When price is payable on a specific day regardless of delivery |
| Section 55(2) applies when: | Price is due on a fixed date irrespective of delivery |
| Under Section 55, which legal action can the seller take if the buyer fails to pay after ownership has passed? | Sue for price |
| Which is a condition for filing a suit under Section 55(1)? | Ownership of goods has transferred to the buyer |
| A seller cannot sue for the price under Section 55(1) if: | Property has not passed to the buyer |
| Under Section 55(2), when property has not passed, seller can still sue for price if: | The price was agreed to be paid on a specific date |
| If the buyer fails to pay for the goods on the fixed date, even though property has not passed, seller can: | Sue for price |
| The basis for a suit for price under Section 55 is: | Contract of sale |
| What does Section 56 of the Sale of Goods Act, 1930 deal with? | Damages for non-acceptance of goods by buyer |
| According to Section 56, when can the seller sue the buyer for damages? | When buyer wrongfully neglects or refuses to accept and pay for the goods |
| Under Section 56, what is the legal remedy available to the seller when the buyer refuses to accept the goods? | Suit for damages |
| Section 56 grants the seller the right to claim damages when: | The buyer refuses to accept delivery without a valid reason |
| What must the seller prove in a claim under Section 56? | That the buyer wrongfully refused to accept the goods |
| Under Section 56, if the buyer refuses to accept goods, the seller can claim damages for: | Loss directly and naturally resulting from the refusal |
| Damages under Section 56 are determined based on: | The difference between contract price and market price |
| Which is not required to claim damages under Section 56? | Delivery of goods |
| In Section 56, what type of refusal by the buyer gives rise to a damages claim? | Wrongful refusal |
| The measure of damages under Section 56 is guided by which principle? | Reasonable foreseeability |
| Under Section 56, the seller can sue for damages even if: | The property in goods hasn’t passed |
| Which case law is relevant to understanding damages for non-acceptance under contract law principles? | Hadley v. Baxendale |
| What does Section 57 of the Sale of Goods Act, 1930 deal with? | Damages for non-delivery of goods by the seller |
| Under Section 57, the buyer may sue the seller for damages when: | The seller wrongfully neglects or refuses to deliver the goods |
| What type of breach is covered under Section 57? | Breach by wrongful non-delivery of goods |
| According to Section 57, damages are recoverable for: | Non-delivery of goods by seller |
| What is the primary remedy provided to the buyer under Section 57? | Suit for damages for non-delivery |
| When can the buyer sue the seller under Section 57? | If the seller fails to deliver goods as agreed |
| Under Section 57, damages can be claimed even if: | The seller makes no attempt to deliver the goods |
| What does "wrongful refusal to deliver" mean under Section 57? | Seller refuses delivery without contractual justification |
| What is the time of assessing damages under Section 57? | At the time when delivery should have been made |
| According to Section 58, who may direct specific performance of a contract for sale? | Civil Court |
| Under Section 58, specific performance may be granted when: | Goods are specific or ascertained |
| What type of goods are involved in Section 58 for seeking specific performance? | Specific or ascertained goods |
| What must a party seeking specific performance prove under Section 58? | Goods are specific and damages are not adequate |
| Under what legal principle is Section 58 of the Sale of Goods Act applied? | Principle of equity |
| Which is a landmark case supporting specific performance in sale of goods? | Falcke v. Gray |
| What does Section 59 of the Sale of Goods Act, 1930 deal with? | Remedy for breach of warranty |
| When a breach of warranty occurs, the buyer can: | Only sue for damages or reduce the price |
| According to Section 59, can the buyer reject goods due to breach of warranty? | No, buyer cannot reject goods |
| What are the remedies available to a buyer under Section 59? | Damages or reduction in price |
| Breach of warranty does not allow: | Rejection of goods |
| Under Section 59, the buyer may: | Set up breach of warranty in reduction or extinction of price |
| What is the nature of a warranty in a sale contract? | Collateral stipulation |
| Which one is not a remedy for breach of warranty under Section 59? | Rejection of goods |
| In case of a breach of warranty, damages are awarded for: | Direct financial loss |
| Section 59 applies when the breach relates to: | A warranty, not a condition |
| The right to reduce the price due to breach of warranty is: | Available to the buyer under Section 59 |
| A breach of warranty gives rise to a right to: | Claim compensation but not reject goods |
| Can the buyer both claim damages and reduce the price under Section 59? | No, only one remedy can be used |
| Which case is often cited to distinguish between condition and warranty? | Baldry v. Marshall |
| A breach of warranty under Section 59 means: | The buyer can claim damages but must accept the goods |
| What does Section 60 of the Sale of Goods Act, 1930 deal with? | Repudiation of contract before the due date |
| Under Section 60, if one party repudiates the contract before the due date, the other party: | Can refuse to perform the contract |
| What does repudiation of a contract before due date mean under Section 60? | A party expresses unwillingness or inability to perform their contractual obligations before the due date |
| If the buyer repudiates the contract under Section 60, the seller may: | Refuse to deliver the goods |
| What can the seller do if the buyer repudiates the contract before the due date under Section 60? | Terminate the contract and claim damages |
| When a contract is repudiated before the due date, the aggrieved party can: | Accept the repudiation and treat the contract as rescinded |
| If the buyer repudiates the contract under Section 60, the seller can: | Sue for damages or claim the price |
| When repudiation occurs, the non-repudiating party has the option to: | Treat the contract as void and claim damages |
| If a contract is repudiated by the seller under Section 60, the buyer may: | Refuse to accept the goods and claim damages |
| What does Section 61 of the Sale of Goods Act, 1930 deal with? | Interest by way of damages and special damages |
| According to Section 61, when can interest be claimed as part of damages? | When a party is entitled to claim damages for non-payment or breach of contract |
| Under Section 61, special damages can be claimed for: | Loss specifically incurred due to a breach, which is beyond normal damages |
| In case of breach of contract, Section 61 allows for the recovery of: | Special damages and interest as part of the compensation |
| When can a party claim interest under Section 61 of the Sale of Goods Act, 1930? | Interest can be claimed when the contract allows for it or in case of specific financial loss |
| Which is true about special damages under Section 61? | They are granted for losses incurred by the party beyond the normal scope of damages |
| What type of damages does Section 61 primarily address? | Special damages and interest |
| Under Section 61, can interest be awarded as a remedy for non-acceptance of goods? | Yes, if there is an agreement for it in the contract |
| Previous Year Questions | |
| CHAPTER VII | |
| MISCELLANEOUS | |
| What does Section 63 of the Sale of Goods Act, 1930 deal with? | Reasonable time for performance as a question of fact |
| Under Section 63, what is determined to be a “reasonable time”? | The time required to perform under normal circumstances, which is a question of fact |
| Which is true regarding "reasonable time" under Section 63? | What constitutes reasonable time is a matter of judgment and depends on the facts of the case |
| In which case did the court rule that "reasonable time" is a question of fact? | S.C. Rajan v. T.V. Somanathan |
| In determining a "reasonable time" under Section 63, what factors are considered? | Market conditions and the nature of the transaction |
| What is the effect if a contract does not specify a time for performance? | The performance must be within a reasonable time, as determined by the circumstances |
| Section 63 implies that "reasonable time" is: | An objective standard determined by the circumstances surrounding the contract |
| In which case did the court consider what constitutes a "reasonable time"? | In The Moorcock’s case |