Conditions And Warranties Quiz Questions And Answers
Try out these conditions and warranties quiz questions and answers and see whether you know the differences between these two terms or not. Condition is an arrangement made before completing another contract, whereas a warranty is a written agreement a buyer receives after buying the contract. This quiz consists of some basic questions related to both condition and warranty. Take up the test and try to secure good marks here. Best of luck, buddy!
Questions and Answers
- 1.
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)
Correct Answer
B. Section 12 (2)Explanation
Section 12 (2) of the Sale of Goods Act, 1930 defines the term condition. This section states that a condition is a stipulation essential to the main purpose of the contract, the breach of which gives the aggrieved party the right to repudiate the contract and claim damages. In other words, a condition is a fundamental term of the contract that goes to the root of the agreement. If this term is breached, the injured party has the right to terminate the contract and seek compensation for any losses suffered.Rate this question:
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- 2.
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.
Correct Answer
A. Can reject the car and have the refund of the price.Explanation
Based on the information given, A specifically told B that he wanted to purchase a car suitable for touring purposes. B, as a car dealer, suggested a Bugatti car for this purpose. However, it turned out that the Bugatti car was unfit for touring purposes. Therefore, A can reject the car and demand a refund of the price paid since B's suggestion did not meet A's stated requirement.Rate this question:
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- 3.
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
Correct Answer
B. Can reject the goods.Explanation
In case of breach of condition, the buyer can reject the goods. This means that if the seller fails to meet the agreed-upon conditions, the buyer has the right to refuse the goods and seek alternative options. This allows the buyer to protect their interests and seek a remedy for the breach of condition.Rate this question:
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- 4.
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).
Correct Answer
C. Both (a) and (b)Explanation
The Sale of Goods Act, 1930 covers both express and implied conditions and warranties. Express conditions and warranties are those that are explicitly stated by the seller, while implied conditions and warranties are those that are automatically included in a sale, even if not explicitly mentioned. Therefore, both types of conditions and warranties are covered by the Sale of Goods Act, 1930.Rate this question:
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- 5.
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.
Correct Answer
B. The law presumes to have been incorporated in the contract of sale.Explanation
The correct answer is "The law presumes to have been incorporated in the contract of sale." This means that an implied condition is one that is assumed to be a part of the contract of sale by default, even if it is not expressly mentioned. The law assumes that certain conditions are included in every contract of sale unless stated otherwise.Rate this question:
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- 6.
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.
Correct Answer
A. Read into every contract of sale.Explanation
Implied conditions are read into every contract of sale unless they are expressly excluded by the parties. This means that these conditions are automatically considered part of the contract unless the parties specifically state otherwise. It is important to note and understand these implied conditions when entering into a contract of sale.Rate this question:
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- 7.
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.
Correct Answer
B. Express termsExplanation
Express terms refer to the conditions that have been explicitly stated and agreed upon by the parties involved in a contract. These terms are usually documented in writing or verbally communicated. In the event of a conflict between the express conditions and the implied conditions, the express terms will prevail. This means that the explicitly stated conditions will take precedence over any implied conditions that may exist.Rate this question:
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- 8.
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.
Correct Answer
C. Sell the goods.Explanation
In every sale, it is implied that the seller has the right to sell the goods. This means that the seller possesses the legal authority and ownership of the goods being sold. Without this right, the seller would not be able to carry out the transaction and transfer ownership of the goods to the buyer. Therefore, the seller's ability to sell the goods is a fundamental condition in any sale agreement.Rate this question:
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- 9.
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.
Correct Answer
D. Condition as to free from encumbrance.Explanation
In a contract of sale, an implied condition refers to a condition that is automatically included in the contract, even if it is not explicitly stated. Conditions as to title, description, and sample are all implied conditions in a contract of sale. This means that when a buyer purchases a product, they have the right to expect that the seller has the legal ownership of the product (title), that the product matches the description provided, and that the product matches the sample shown. However, a condition as to being free from encumbrance is not an implied condition in a contract of sale. This means that unless it is explicitly stated in the contract, the buyer cannot assume that the product is free from any legal claims or charges.Rate this question:
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- 10.
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.
Correct Answer
C. Will have the right to sell the goods.Explanation
In every agreement to sell, it is implied that the seller will have the right to sell the goods. This means that the seller has the legal authority and ownership of the goods being sold. It is an essential condition for any agreement to be valid, as the buyer expects to receive goods from a seller who has the right to sell them. This ensures that the buyer will not face any legal issues or disputes regarding the ownership of the goods in the future.Rate this question:
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- 11.
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.
Correct Answer
A. Right to sell the goods.Explanation
The correct answer is "Right to sell the goods." When it is implied that the seller has the title to the goods, it means that they have the legal right to transfer ownership of the goods to the buyer. This implies that the seller has the authority to sell the goods without any legal restrictions or claims from third parties.Rate this question:
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- 12.
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.
Correct Answer
C. TileExplanation
In this scenario, the correct answer is "Tile". The implied condition being breached is the title of the car. A sold a stolen car to B, which means A did not have the legal title to sell the car. As a result, when the police recovered the car, B was forced to return it to the true owner because B did not have the rightful title to possess the car.Rate this question:
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- 13.
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.
Correct Answer
A. Condition as to tileExplanation
When a person sells goods by infringing the copying or trademark of others, there is a breach of an implied condition as to title. This means that the person selling the goods does not have legal ownership or the right to sell the goods, as they are infringing on the intellectual property rights of others. This can lead to legal consequences for the seller and potential issues for the buyer who may unknowingly purchase infringing goods.Rate this question:
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- 14.
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.
Correct Answer
C. Correspond with the descriptionExplanation
When goods are sold by description, there is an implied condition that the goods should correspond with the description provided. This means that the goods should match the details, characteristics, and specifications mentioned in the description. If the goods do not match the description, it can be considered a breach of this implied condition. This ensures that buyers receive the goods as described and prevents sellers from misleading or misrepresenting the product.Rate this question:
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- 15.
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.
Correct Answer
A. Can reject the goods.Explanation
In the case of a sale by description, if the goods do not match the description but still serve the buyer's purpose, the buyer has the right to reject the goods. This means that even though the goods may be suitable for the buyer's needs, if they do not meet the specific description provided, the buyer can refuse to accept them. This is important to ensure that buyers receive exactly what they were promised and are not misled by inaccurate descriptions.Rate this question:
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- 16.
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.
Correct Answer
B. Cannot reject the goods.Explanation
In the case of sale by description, if the goods correspond with the description but are defective, the buyer cannot reject the goods. This means that even though the goods may have some defects, as long as they match the description provided, the buyer is not entitled to reject them. This implies that the buyer is bound to accept the goods despite their defects and does not have the option to refuse them.Rate this question:
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- 17.
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).
Correct Answer
C. Both (a) and (b)Explanation
In the case of sale by sample, there is an implied condition that the goods shall correspond with the sample provided. This means that the goods should be similar in quality, appearance, and characteristics to the sample shown to the buyer. Additionally, there is also an implied condition that the goods should be free from any latent defects. This means that the goods should not have any hidden or concealed defects that may affect their quality or performance. Therefore, the correct answer is both (a) and (b), as both conditions apply in the case of sale by sample.Rate this question:
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- 18.
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)
Correct Answer
C. Both (a) and (b)Explanation
In the case of sale by sample as well as description, there is an implied condition that the goods shall correspond with both the sample and the description. This means that the goods should match both the physical sample provided and the written description given. This ensures that the buyer receives the exact goods they were expecting based on both the visual representation and the written details.Rate this question:
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- 19.
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.
Correct Answer
C. Contract is automatically terminated.Explanation
In the case of sale by sample as well as description, if the goods only correspond with the sample provided, the buyer has the right to reject the goods. This means that the contract between the buyer and seller is automatically terminated.Rate this question:
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- 20.
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.
Correct Answer
A. True, as it is the requirement of law.Explanation
The statement is true because according to the implied condition, the goods should be fit for the buyer's specific purpose only if the buyer communicates their purpose to the seller and relies on the seller's skill and judgment. This requirement is mandated by the law to ensure that buyers are provided with goods that meet their intended needs and that sellers are held responsible for providing suitable products. Therefore, it is correct to say that this is a requirement of the law.Rate this question:
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- 21.
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.
Correct Answer
C. Both (a) and (b) are correct.Explanation
Both (a) and (b) are correct. In cases where the buyer purchases goods under a patent or trade name, the condition as to fitness of goods for the buyer's particular purpose does not apply. However, if the buyer relies upon the seller's skill and judgment for their specific purpose, then the condition as to fitness for the buyer's purpose is applicable. Therefore, both statements are correct in this scenario.Rate this question:
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- 22.
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.
Correct Answer
C. English Sale of Goods ActExplanation
The correct answer is English Sale of Goods Act. The term 'merchantable' is defined in Section 14 (2) of the English Sale of Goods Act.Rate this question:
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- 23.
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).
Correct Answer
C. Both (a) and (b)Explanation
In the case of a sale by description, there is an implied condition that the goods shall correspond with the description provided. This means that the goods should match the details and specifications given in the description. Additionally, there is also an implied condition that the goods should be of merchantable quality, which means that they should be fit for their intended purpose and of a reasonable quality. Therefore, the correct answer is both (a) and (b), as both conditions are applicable in a sale by description.Rate this question:
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- 24.
Where the goods are purchased for self use, the merchantability of the goods means that they should be reasonably fit for the purpose for which they are generally used.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true because when goods are purchased for self-use, they should be reasonably fit for the purpose for which they are generally used. This means that the goods should meet the basic expectations of quality, performance, and durability that a consumer would have when purchasing such goods. The concept of merchantability ensures that consumers are protected from purchasing goods that are defective or unsuitable for their intended use.Rate this question:
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- 25.
Which of the following are implied conditions under the Sale of Goods Act 1930? i. Condition as to description ii. Condition as to quiet possession iii. Condition as to free form encumbrance iv. Condition asto sample as well as description.
- A.
(i), (ii)
- B.
(ii), (iii)
- C.
(iii) , (Iv)
- D.
(i), (iv).
Correct Answer
D. (i), (iv).Explanation
The implied conditions under the Sale of Goods Act 1930 include a condition as to description and a condition as to sample as well as description. These conditions ensure that the goods sold must match the description provided and that they must also match any sample that was shown to the buyer. These conditions protect the buyer from receiving goods that do not meet their expectations or that are different from what was promised.Rate this question:
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- 26.
A warranty is a stipulation which is
- A.
Essential to the main purpose of contract of sale.
- B.
Essential for buyer's specific purpose.
- C.
Collateral to the main purpose of contract of sale.
- D.
None of these.
Correct Answer
C. Collateral to the main purpose of contract of sale.Explanation
A warranty is a stipulation that is collateral to the main purpose of a contract of sale. This means that it is not essential to the main purpose of the contract, but rather an additional guarantee or promise made by the seller to the buyer. It provides assurance to the buyer that certain conditions or qualities of the product being sold will be met. However, the warranty is not necessary for the contract to be valid and enforceable.Rate this question:
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- 27.
The term 'warranty' 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)
Correct Answer
C. Section 12(3) -
- 28.
A stipulation which is collateral to the main purpose of the contract, and if proved false, gives the buyer only a right to claim damages, is known as
- A.
Condition
- B.
Warranty
- C.
Guarantee
- D.
None of these.
Correct Answer
B. WarrantyExplanation
A warranty is a stipulation that is collateral to the main purpose of the contract. If the warranty is proven false, the buyer has the right to claim damages. Unlike a condition, which is a crucial part of the contract and if breached, allows the buyer to terminate the contract, a warranty only gives the buyer the right to claim damages. Therefore, the correct answer is warranty.Rate this question:
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- 29.
In case of breach of warranty, the buyer can
- A.
Claim damages only
- B.
Reject goods only
- C.
Either (a) or (b)
- D.
Both (a) and (b).
Correct Answer
A. Claim damages onlyExplanation
In case of breach of warranty, the buyer can claim damages only. This means that if the seller fails to fulfill the terms of the warranty, the buyer has the right to seek compensation for any losses or damages they have suffered as a result. However, the buyer cannot reject the goods in this situation, as breach of warranty does not give them the right to return or refuse the goods. Therefore, the correct answer is claim damages only.Rate this question:
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- 30.
An implied condition is that which
- A.
Is expressly included in a contract of sale.
- B.
The law presumes to have been incorporated in every contract of sale.
- C.
Entitles the buyer to get relief without going to court of law.
- D.
The seller himself undertakes to fulfil to the satisfaction of the buyer.
Correct Answer
B. The law presumes to have been incorporated in every contract of sale.Explanation
The correct answer is "The law presumes to have been incorporated in every contract of sale." This means that the law assumes that certain conditions are automatically included in every contract of sale, even if they are not explicitly stated. These implied conditions are considered to be a standard part of any sale agreement and are legally binding.Rate this question:
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- 31.
In case of conflict between express warranties and the implied warranties, which one of the following shall prevail
- A.
Express terms
- B.
Implied terms
- C.
Neither of them
- D.
New terms imposed by court.
Correct Answer
A. Express termsExplanation
Express terms shall prevail in case of conflict between express warranties and implied warranties.Rate this question:
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- 32.
In case of every contract of sale, there is an implied warranty that the
- A.
Buyer shall have quiet possession of goods.
- B.
Goods shall be free from any charge or encumbrance.
- C.
Both of these.
- D.
None of these.
Correct Answer
C. Both of these.Explanation
In every contract of sale, there is an implied warranty that the buyer shall have quiet possession of goods and that the goods shall be free from any charge or encumbrance. This means that the buyer has the right to possess the goods without any interference or disturbance, and the goods should not have any legal claims or burdens attached to them. Both of these conditions are automatically included in a contract of sale, regardless of whether they are explicitly mentioned or not.Rate this question:
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- 33.
According to implied ' warranty as to quiet possession' it is presumedthat the buyer shall have the
- A.
Peaceful possession of the goods.
- B.
Right to use the goods as an owner.
- C.
Both of these.
- D.
None of these.
Correct Answer
C. Both of these.Explanation
According to the implied warranty as to quiet possession, the buyer is presumed to have both peaceful possession of the goods and the right to use the goods as an owner. This means that the buyer not only has the right to possess the goods without any interference or disturbance but also has the right to use the goods as if they were the owner. Therefore, the correct answer is "Both of these."Rate this question:
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- 34.
According to implied warranty as to free form encumbrance, if is presumed that the
- A.
Goods shall be free form any charge on the goods in favour of any third person.
- B.
Buyer shall be free to create charge in favour of any third person.
- C.
Seller shall create charge only in favour of the buyer.
- D.
Third person's charge is secured.
Correct Answer
A. Goods shall be free form any charge on the goods in favour of any third person.Explanation
The correct answer is "Goods shall be free form any charge on the goods in favour of any third person." This answer aligns with the concept of implied warranty as to free from encumbrance, which means that the goods should not have any charges or claims placed on them by any third party. This ensures that the buyer receives clear and unencumbered ownership of the goods without any potential legal issues or liabilities arising from third-party claims.Rate this question:
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- 35.
In those cases, where a condition is changed to the status of a warranty, which of the following statement is correct ?
- A.
Buyer loses the right to reject the goods.
- B.
Buyer retains the right to claim damages.
- C.
Both (a) and (b) are correct.
- D.
None of these statements is correct.
Correct Answer
C. Both (a) and (b) are correct.Explanation
When a condition is changed to the status of a warranty, the buyer loses the right to reject the goods. This means that even if the goods do not meet the original condition, the buyer cannot refuse to accept them. However, the buyer still retains the right to claim damages. This means that if the goods do not meet the original condition, the buyer can seek compensation for any losses or harm caused by the non-conforming goods. Therefore, both statements (a) and (b) are correct.Rate this question:
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- 36.
Which of the following statement is incorrect ?
- A.
The buyer may at his option treat the breach of condition as a breach of warranty.
- B.
Once the buyer exercises this option, he loses his right to reject the goods as well as the right to claim damages.
- C.
Where the contracts is indivisible and the buyer accepts the goods, he cannot later on reject the goods on the ground of breach of warranty.
- D.
The breach of warranty cannot be treated as the breach of condition at the option of the buyer.
Correct Answer
B. Once the buyer exercises this option, he loses his right to reject the goods as well as the right to claim damages.Explanation
The correct answer is "Once the buyer exercises this option, he loses his right to reject the goods as well as the right to claim damages." This statement is incorrect because when the buyer treats a breach of condition as a breach of warranty, they still retain the right to reject the goods or claim damages. The option to treat a breach of condition as a breach of warranty does not automatically waive these rights.Rate this question:
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- 37.
The liability for implied condition and warranties may be excluded by
- A.
An express agreement between the parties.
- B.
The course of dealings between the parties.
- C.
The customs or usages of a particular trade.
- D.
All of these.
Correct Answer
D. All of these.Explanation
The liability for implied conditions and warranties can be excluded by any of the mentioned options: an express agreement between the parties, the course of dealings between the parties, or the customs or usages of a particular trade. This means that if the parties have explicitly agreed to exclude certain conditions or warranties, or if their previous dealings or the customary practices in their trade indicate that certain conditions or warranties are not applicable, then the liability for those implied conditions and warranties can be excluded.Rate this question:
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- 38.
Which of the following are implied warranties under the Sale of Goods Act, 1930? i. warranty as to merchantability. ii. Warranty as to wholesomeness. iii. Warranty as to quiet possession. iv. Warranty as to free from encumbrance.
- A.
(i), (ii)
- B.
(ii), (iii)
- C.
(iii), (iv)
- D.
(i), (iv)
Correct Answer
C. (iii), (iv)Explanation
The implied warranties under the Sale of Goods Act, 1930 are warranty as to quiet possession and warranty as to free from encumbrance. These warranties ensure that the buyer will have undisturbed possession of the goods and that the goods are free from any claims or rights of third parties. Warranty as to merchantability and warranty as to wholesomeness are not implied warranties under the Sale of Goods Act, 1930.Rate this question:
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- 39.
The doctrine of caveat emptor implies
- A.
Let the buyer beware.
- B.
Let the seller beware.
- C.
Let the seller take care of buyer's interest.
- D.
Both (b) and (c).
Correct Answer
A. Let the buyer beware.Explanation
The correct answer is "Let the buyer beware." This phrase is associated with the doctrine of caveat emptor, which means that it is the buyer's responsibility to be cautious and aware when making a purchase. This doctrine places the burden on the buyer to thoroughly examine and assess the quality and suitability of a product or service before buying it, as the seller is not obligated to disclose any defects or issues. Therefore, the buyer should be cautious and aware of potential risks or problems before making a purchase.Rate this question:
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- 40.
The doctrine of caveat emptor is incorporated in which of the following section of the Sale of Goods Act, 1930?
- A.
Section 15
- B.
Section 16
- C.
Section 17
- D.
Section 18
Correct Answer
B. Section 16Explanation
The doctrine of caveat emptor is incorporated in Section 16 of the Sale of Goods Act, 1930. This section states that in a contract of sale, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied, unless there is an agreement to the contrary. This means that the buyer must be cautious and responsible for examining the goods before purchasing them, as the seller is not obligated to disclose any defects or issues with the goods.Rate this question:
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- 41.
As per the doctrine of caveat emptor incorporated in Section 16, there is no implied conditions or warranty in a contract of sale as to the
- A.
Merchantability.
- B.
Wholesomeness.
- C.
Quality or fitness for buyer's purpose.
- D.
None of these.
Correct Answer
C. Quality or fitness for buyer's purpose.Explanation
The doctrine of caveat emptor states that the buyer is responsible for examining the goods before purchasing them, and that the seller is not responsible for any defects or issues with the goods after the sale. This means that there is no implied condition or warranty in a contract of sale regarding the quality or fitness of the goods for the buyer's purpose. In other words, the buyer cannot expect the seller to guarantee that the goods will be suitable for their intended use.Rate this question:
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- 42.
The doctrine of caveat emptor incorporated in Section 16, there is no implied condition or warranty in a contract of sale as to the
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The doctrine of caveat emptor, which means "buyer beware," states that the buyer is responsible for inspecting and evaluating the goods before purchasing them. However, this does not mean that there are no implied conditions or warranties in a contract of sale. In fact, many jurisdictions have laws that provide protections for buyers, such as the implied warranty of merchantability or fitness for a particular purpose. Therefore, the statement that there is no implied condition or warranty in a contract of sale is false.Rate this question:
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- 43.
The seller is required to supply the goods which shall be fit for buyer's purpose where the
- A.
Seller is the sole distributor of goods sold.
- B.
Seller knows the particular purpose of buyer.
- C.
Buyer makes his purpose clear and relies upon seller's skill and judgement.
- D.
Buyer is uneducated and the person of rural background.
Correct Answer
C. Buyer makes his purpose clear and relies upon seller's skill and judgement.Explanation
The correct answer is "Buyer makes his purpose clear and relies upon seller's skill and judgement." This answer is supported by the fact that the buyer has made their purpose clear to the seller and is relying on the seller's skill and judgement to provide goods that are fit for their purpose. The other options, such as the seller being the sole distributor or the buyer being uneducated and from a rural background, are not mentioned in the given information and therefore cannot be considered as the correct answer.Rate this question:
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- 44.
In case of sale of goods by description, the goods sold should be
- A.
Fit for buyer's purpose.
- B.
Of merchantable quality.
- C.
None of these.
- D.
Both of these.
Correct Answer
B. Of merchantable quality.Explanation
In the case of the sale of goods by description, the goods sold should be of merchantable quality. This means that the goods should be of a standard quality that is reasonably acceptable in the market, free from any defects, and suitable for the purpose they are intended for. Fit for the buyer's purpose refers to goods that specifically meet the buyer's requirements, which may not always be the case in a sale by description. Therefore, the correct answer is "Of merchantable quality."Rate this question:
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- 45.
Ordinarily, the seller is not under an obligation to supply goods to suit buyer's particular purpose, but in the following cases the goods sold must be fit for buyer's particular purpose.
- A.
Where there is an express condition as to fitness for buyers purpose.
- B.
Where an implied condition as to fitness for buyer's purpose is attached by some custom or usage of trade.
- C.
Where the buyer tells his purpose and relies upon seller's skill and judgment,
- D.
All of the these.
Correct Answer
D. All of the these.Explanation
The correct answer is "All of these" because the statement mentions three different cases where the seller is obligated to provide goods that are fit for the buyer's particular purpose: when there is an express condition as to fitness for the buyer's purpose, when an implied condition is attached by custom or trade usage, and when the buyer tells their purpose and relies on the seller's skill and judgment. Therefore, all of these cases apply.Rate this question:
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- 46.
The implied condition as to fitness of goods for buyer's purposes cannot be attached by a custom or usage of trade.
- A.
True, as in case of specific provisions in the Sale of Goods Act, customs or usages of trade are irrelevant.
- B.
False, as Section 16(3) specifically provides .that such an implied condition is there where it is attached by some custom or usage of trade.
Correct Answer
B. False, as Section 16(3) specifically provides .that such an implied condition is there where it is attached by some custom or usage of trade.Explanation
The correct answer is False. This is because Section 16(3) of the Sale of Goods Act specifically provides that an implied condition as to the fitness of goods for the buyer's purposes can be attached by a custom or usage of trade. This means that customs or usages of trade can indeed affect the implied condition regarding the fitness of goods for the buyer's purposes.Rate this question:
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- 47.
A ____________ is a stipulation which is essential to the main purpose of contract and if proved false, gives the buyer a right to terminate the contract.
- A.
Condition
- B.
Warranty
- C.
Guarantee
- D.
Security.
Correct Answer
A. ConditionExplanation
A condition is a stipulation that is essential to the main purpose of a contract. If a condition is proven to be false, the buyer has the right to terminate the contract. This means that the buyer can cancel the agreement and potentially seek damages or other remedies. Conditions are crucial elements of a contract and their fulfillment is necessary for the contract to be valid and enforceable.Rate this question:
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- 48.
In every contract of sale there is _________ that the seller has the right to sell the goods.
- A.
Implied warranty
- B.
Implied condition
- C.
Implied guarantee
- D.
Customary provision.
Correct Answer
B. Implied conditionExplanation
In every contract of sale, there is an implied condition that the seller has the right to sell the goods. This means that it is understood and expected that the seller has the legal authority to transfer ownership of the goods being sold. This condition is automatically included in the contract, even if it is not explicitly stated. It provides protection to the buyer, ensuring that they are purchasing goods from a seller who has the legal right to sell them.Rate this question:
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- 49.
A ________ is a stipulation which is collateral to man purpose of contact and violation of which gives the buyer a right to calm damages
- A.
Condition
- B.
Guarantee
- C.
Warranty
- D.
Attached term.
Correct Answer
C. WarrantyExplanation
A warranty is a stipulation that is collateral to the main purpose of a contract and violation of which gives the buyer a right to claim damages. This means that a warranty is a guarantee or promise made by the seller to the buyer regarding the quality, performance, or condition of a product or service. If the warranty is breached or not fulfilled, the buyer has the right to seek compensation for any damages incurred.Rate this question:
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- 50.
_____________________ incorporates the doctrine of caveat emptor.
- A.
Section 13
- B.
Section 14
- C.
Section 15
- D.
Section 16
Correct Answer
D. Section 16Explanation
Section 16 incorporates the doctrine of caveat emptor. Caveat emptor is a Latin term that means "let the buyer beware." This doctrine places the responsibility on the buyer to thoroughly inspect and assess the quality and condition of a product or service before making a purchase. Section 16 likely contains provisions that outline the buyer's duty to examine goods and services and disclaim any warranties or guarantees by the seller. This section emphasizes the importance of the buyer's due diligence and protects the seller from liability for any defects or deficiencies that were discoverable through reasonable inspection.Rate this question:
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