Conditions And Warranties
__________________________________________________ No. Of Questions to be Answered : Random 20 out of 52
- 1.A condition is a stipulation which is
- A.
Collateral to the main purpose of contract of sale.
- B.
Essential to the main purpose of contract of sale.
- C.
Not essential to the main purpose of contract of sale.
- D.
None of these
- 2.The term condition is defined in which of the following Section of the Sale of Goods Act. 1930?
- A.
Section 12 (1)
- B.
Section 12 (2)
- C.
Section 12 (3)
- D.
Section 12 (4)
- 3.A stipulation which is essential to the main purpose of the contract and if proved false, gives the buyer a right to terminate the contract, is legally known as
- A.
Condition
- B.
Warranty
- C.
Guarantee
- D.
None of these.
- 4.A told B , a car dealer, that he wanted to purchase a car ' suitable for touring purposes' . B suggested that a 'Bugatti' car would be fit for the purpose. Relying upon this statement, A bought a ' Bugatti' car which turned out to be unfit for touring purposes Here a
- A.
Can reject the car and have the refund of the price.
- B.
Cannot reject the car, he can claim damages only.
- C.
Can neither reject the car nor claim any damages.
- D.
Can reject the car and have half refund of price.
- 5.In case of breach of condition, the buyer
- A.
Has no remedy
- B.
Can reject the goods.
- C.
Cannot reject the goods.
- D.
Can get the seller arrested
- 6.Which of the following types of conditions and warranties are covered by the Sale of Goods Act, 1930?
- A.
Express
- B.
Implied
- C.
Both (a) and (b)
- D.
Only (b).
- 7.An implied condition is that which
- A.
Is expressly included in the contract of sale.
- B.
The law presumes to have been incorporated in the contract of sale.
- C.
Entitles the buyer to get the relief without going to court of law.
- D.
The seller himself undertakes to fulfil to the satisfaction of buyer.
- 8.Unless the implied conditions are expressly excluded by parties, they are
- A.
Read into every contract of sale.
- B.
Treated with great caution.
- C.
Not enforceable in court of law.
- D.
None of these.
- 9.In case of conflict between the express conditions and the implied conditions, which one of them shall prevail
- A.
Implied terms
- B.
Express terms
- C.
Neither of them
- D.
New terms imposed by court.
- 10.In case of every sale, there is an implied condition that the seller has the right to
- A.
Acquire the goods.
- B.
Recover the price
- C.
Sell the goods.
- D.
Refuse to sell goods.
- 11.Which of the following is not an implied condition in a contract of sale?
- A.
Condition as to title
- B.
Condition as to description
- C.
Condition as to sample
- D.
Condition as to free from encumbrance.
- 12.In case of every agreement to sell,there is an implied condition that the seller.
- A.
Has a right to sell the goods.
- B.
Has the goods in his possession.
- C.
Will have the right to sell the goods.
- D.
Will acquire the goods in future.
- 13.According to implied condition as to title,it is presumed that the seller has the
- A.
Right to sell the goods.
- B.
Possession of the goods.
- C.
Right to recover damages.
- D.
Enough stock of the goods.
- 14.A sold a stolen car to B which was subsequently recovered by the police form B's possession and he (B) was forced to return the same to the true owner.Here,there is breach of implied condition as to
- A.
Merchantability
- B.
Fitness for buyer's purpose
- C.
Tile
- D.
None of these.
- 15.When a person sells the goods by infringing the copying or trademark of the others,there is breach of an implied.
- A.
Condition as to tile
- B.
Condition as to description
- C.
Conditions as to merchantability
- D.
None of these.
- 16.Where the goods are sold by description ,there is an implied condition that the goods shall
- A.
Be fit for buyer's particular purpose
- B.
Free form any defect
- C.
Correspond with the description
- D.
Free form any encumbrance.
- 17.In case of sale of by description if the goods do not correspond with the description, but serves buyer's purpose, the buyer
- A.
Can reject the goods.
- B.
Cannot reject the goods.
- C.
Can claim damages only
- D.
None of these.
- 18.In case of sale by description, where the goods correspond with description but are defective, the buyer
- A.
Can reject the goods.
- B.
Cannot reject the goods.
- C.
Can claim damages only
- D.
None of these.
- 19.In case of sale by sample, there is an implied condition, that the goods shall
- A.
Correspond with the sample
- B.
Be free form latent defects
- C.
Both (a) and (b)
- D.
Either (a) or (b).
- 20.In case of sale by sample as well as description, there is an implied condition that the goods shall correspond with
- A.
Sample
- B.
Description
- C.
Both (a) and (b)
- D.
Either (a)or(b)
- 21.In case of sale by sample as well as description, where the goods correspond with sample only, then the
- A.
Buyer can reject the goods.
- B.
Buyer cannot reject the goods.
- C.
Contract is automatically terminated.
- D.
Seller is liable for punishment.
- 22.The implied condition that the goods shall be fit for buyer's specific purpose is applicable only where the buyer tells his purpose to the seller and relies upon seller's skill and judgement.
- A.
True, as it is the requirement of law.
- B.
False, as it is buyer's duty to select goods which serve his purpose.
- 23.In those cases, where the buyer buys the goods under a patent or trade name, which of the following statements is correct?
- A.
Generally, the condition as to fitness of goods for buyer's particular purpose does not apply.
- B.
The condition as to fitness for buyer's purpose is applicable if the buyer relies uporv seller's skill and judgment for his particular purpose.
- C.
Both (a) and (b) are correct.
- D.
None of them is correct.
- 24.The term 'merchantable' is defined Section 14 (2) of the
- A.
Sale of Goods Act
- B.
India Contract Act
- C.
English Sale of Goods Act
- D.
None of these.
- 25.In case of sale by description, there is an implied condition that the goods shall
- A.
Correspond with description
- B.
Be of merchantable quality
- C.
Both (a) and (b)
- D.
Either (a) or (b).
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