Sale of Goods MCQ Quiz in मल्याळम - Objective Question with Answer for Sale of Goods - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

A person who buys or agrees to buy goods.

Key Points

• Definition of a buyer:
  • A buyer is an individual or entity that purchases or agrees to purchase goods or services from a seller.
  • This definition encompasses both those who have already bought goods and those who have committed to buying them in the future.
  • The term is often used in legal and commercial contexts to define the party that is entering into a contract of sale.

Additional Information

• Other options explained:
  • A person who buys goods:
    • This option is partially correct but does not include the aspect of agreeing to buy goods in the future.
  • A person who agrees to buy goods:
    • This option is also partially correct but does not cover those who have already bought goods.
  • Who offers consideration:
    • This option is incorrect as it is too vague and does not specifically define a buyer. Consideration is a broader legal term that refers to the value exchanged in a contract but does not specifically identify the buyer.

The correct answer is 'Right against the goods can be exercised only by an unpaid seller.'

Key Points

• Right against the goods:
  • This right refers to the legal entitlements that a seller has over the goods until they are fully paid for by the buyer.
  • It includes rights like the right of lien, right of stoppage in transit, and right of resale.
  • These rights are crucial for protecting the seller's interests in transactions where payment has not been completed.
• Unpaid Seller:
  • An unpaid seller is one who has not received full payment for the goods sold or has received a negotiable instrument (like a cheque) that has been dishonored.
  • The unpaid seller has specific rights against the goods, even if the ownership has passed to the buyer.

Additional Information

• Paid Seller:
  • A paid seller is one who has received full payment for the goods. Once the seller is paid, they typically have no further rights against the goods.
  • Therefore, the statement that a paid seller can exercise rights against the goods is incorrect.
• Paid Buyer:
  • A paid buyer is one who has completed the payment for the goods. The buyer's rights are typically to receive and use the goods, not to exercise rights against them.
  • This makes the option stating that a paid buyer can exercise rights against the goods incorrect.
• Unpaid Buyer:
  • An unpaid buyer is one who has not yet paid for the goods. Generally, an unpaid buyer has no special rights against the goods, especially if the seller still retains ownership or control.
  • Thus, the statement that an unpaid buyer can exercise rights against the goods is also incorrect.

The correct answer is 3.

Key PointsUnderstanding Implied Conditions in Sale Contracts

• Contract for Sale by Sample
  • In a contract for sale by sample, there is an implied condition that the bulk shall correspond with the sample. Hence, statement 1 is correct.
• Contract for Sale by Description
  • In a contract for sale by description, there is an implied condition that the goods shall correspond with the description. Hence, statement 2 is correct.
• Express Conditions and Implied Conditions
  • An express condition cannot negate a condition implied by law. Hence, statement 3 is incorrect.
• Sale by Sample and Description
  • In a sale by sample as well as description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description. Hence, statement 4 is correct.

Additional Information

• Legal Provisions
  • The Sale of Goods Act, 1930, provides various implied conditions and warranties to protect the interests of the buyer.
  • These conditions ensure that the buyer receives goods that meet certain standards and expectations.
• Examples of Implied Conditions
  • Implied condition as to title: The seller must have the right to sell the goods.
  • Implied condition as to quality or fitness: The goods must be of merchantable quality and fit for the purpose for which they are bought.

Key Points

The correct answer is 1) Both assertion and reason are true, and the reason is the correct explanation of the assertion.

• In a sale, ownership of goods is indeed transferred to the buyer, as mentioned in the assertion. This means that the buyer gains a legal right over the goods, known as a jus in rem. This transfer of ownership occurs immediately upon the completion of the sale transaction.
• On the other hand, an agreement to sell does not result in the immediate transfer of ownership. Instead, it creates a contractual obligation between the parties, where the seller agrees to transfer ownership of the goods to the buyer at a future date or upon the occurrence of certain conditions. Until these conditions are fulfilled, ownership remains with the seller, establishing a jus in personam, as stated in the reason.
• Therefore, the reason provides a correct explanation for the assertion, as it clarifies the legal concepts of jus in rem and jus in personam in the context of sales and agreements to sell.

The correct answer is 'NEMO DAT QUID NON HABET'

Key Points

• NEMO DAT QUID NON HABET:
  • This is a Latin legal maxim which means "no one can give what they do not have".
  • Under this doctrine, a person who does not own property, or who does not have authority from the owner, cannot transfer valid title to another person.
  • A sale in market overt (open market) is an exception to this rule where a buyer, who purchases goods in good faith and without notice of any defect in title, obtains a good title to the goods.

Additional Information

• Doctrine of CAVEAT EMPTOR:
  • This means "let the buyer beware".
  • It is a principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
• Risk prima facie passes with property:
  • This principle states that the risk associated with the property is transferred along with the property itself.
  • Once the ownership is transferred, the new owner bears the risk of loss or damage to the property.
• Right to stoppage in transit:
  • This right allows an unpaid seller to stop the goods in transit and regain possession, provided the goods are still in transit and the buyer has become insolvent.

The correct answer is 'Both (1) and (2)'

Key Points

• Definition of Future Goods under the Sale of Goods Act, 1930:
  • Future goods refer to goods that will be manufactured, produced, or acquired by the seller after the contract of sale has been made.
  • This definition is inclusive of both goods to be manufactured/produced and goods to be acquired, covering a broad spectrum of future transactions.

Additional Information

• Incorrect Options:
  • Option 1: Only considers goods to be manufactured or produced, which is only a part of the definition.
  • Option 2: Only considers goods to be acquired by the seller, which is also only a part of the definition.
  • Option 4: Suggests 'either' condition, which implies a choice, whereas the definition encompasses both conditions together.
• Importance in Commerce:
  • Understanding future goods is crucial for drafting contracts and ensuring that both parties are clear about the expectations and obligations regarding goods that are not yet in existence at the time of the contract.

The correct answer is 'The part delivery must be in the progress of the whole.'

Key Points

• Part delivery under section 34 of the Sale of Goods Act, 1930:
  • Part delivery refers to a situation where a seller delivers a portion of the goods contracted for sale.
  • Under section 34, part delivery of goods with an intention to serve as a whole delivery in progress of the entire contract is considered as whole delivery.
  • It implies that the delivery of a part must be in conjunction with the intention to complete the delivery of the entire contract.

Additional Information

• Option 1:
  • Part delivery with the intention of severing it from the whole does not constitute the whole delivery under section 34. This is incorrect because the intention must be to complete the entire delivery.
• Option 3:
  • Either (1) or (2) is incorrect because only part delivery in the progress of the whole is considered as whole delivery.
• Option 4:
  • Both (1) and (2) is incorrect as intention to sever part delivery from the whole does not equate to whole delivery.

The correct answer is Option 2.
The term 'Unpaid Seller' has been defined in Section 45 of the Sale of Goods Act, 1930.

Key Points

• Unpaid Seller:
  • An unpaid seller is defined under Section 45 of the Sale of Goods Act, 1930.
  • According to this section, a seller of goods is deemed to be an unpaid seller when the whole of the price has not been paid or tendered, or when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonor of the instrument or otherwise.

Additional Information

• Section 44:
  • Section 44 deals with the "Effect of Sub-sale or Pledge by Buyer" and does not define the term 'Unpaid Seller'.
• Section 46:
  • Section 46 outlines the "Unpaid Seller's Rights" but does not provide the definition of an unpaid seller.
• Section 47:
  • Section 47 specifies the "Unpaid Seller's Lien" but does not define the term 'Unpaid Seller'.

Confusion Points

Dropped question of exam. The options have been modified to fit into correct answer.

Key Points

The merchantable quality of goods refers to:

• Goods are free from Latent defects
• Goods marketable at their full values
• Goods that are subject to consumer sale
• Goods can be used for the purpose for which they are purchased.

The correct option is 'Doing anything which has the effect of putting goods in possession of legal representatives of seller'.

Key Points

• Under the Sale of Goods Act, 1930, delivery is defined as the voluntary transfer of possession from one person to another.
• Delivery can occur in various ways, such as by actually handing over the goods, by doing something that symbolizes the transfer of possession, or by mutual agreement to treat a particular act as delivery.
• Actions that result in the buyer or an authorized person on behalf of the buyer taking possession of the goods are considered valid forms of delivery under the Act.
• However, doing anything that results in putting the goods in the possession of the seller's legal representatives does not constitute delivery to the buyer. This does not align with the principle of delivery as it does not facilitate the transfer of possession from the seller to the buyer or an authorized person on behalf of the buyer.
• The essence of delivery under the Sale of Goods Act is to effectuate the transfer of possession and control of the goods to the buyer or an agent authorized by the buyer, which is not achieved in this scenario.

Additional Information

• The Sale of Goods Act, 1930, is a key piece of legislation that governs the sale and purchase of goods in India. It outlines the rights and duties of buyers and sellers, including provisions related to the delivery of goods.
• Understanding the nuances of what constitutes delivery is crucial for both parties in a transaction to ensure that their rights are protected under the law.