Law of Sale of Goods Question Answer Series 5: Important Questions for Judiciary Exams | Part – V

Legal Bites presents the Law of Sale of Goods Important Question-Answer Series. The questions listed here will help students study for various Competitive and University Exams. Candidates can use Legal Bites' list of questions to help them determine the most important and often asked questions and practice their aptitude and knowledge.

Answering questions is a continuous process that is an inevitable component of any test preparation, as we all know. A well-written response displays not just a candidate's knowledge but also his or her ability to tailor the content to the question's requirements.

It is vital to prepare for this exam to pass it thoroughly. To attain mastery over the subjects studied, applicants only need to keep practising these questions in the months coming up to the examinations. Following it, the candidate's confidence level, as well as their scores, will vastly improve.

Law of Sale of Goods Question Answer Series 5: Important Questions for Judiciary Exams | Part – V

Question 1

Explain the meaning and scope of the following, adding illustrations [BJS 1975]:

(i) Conditions treated as warranty,

(ii) Sale by Sample

Question 2

Vulcanized rubber material was agreed to be sold in rolls 40 ft. long under the description of linatex and with a small soft piece as sample. Following a request for the buyers, the sellers sent ten rolls directly to a customer of the buyers to whom it had been resold by description and the same sample. The customer rejected the goods on the ground that the rolls were crinkly, hard and folded. The sellers sued the buyers for price. The court found that a simple process of heating and pressing would correct the defects. Was the Customer Justified in rejecting the goods? Can the buyers avoid payment altogether or must they be content with a reduction in price? [DJS 1990]

Question 3

Contract for the sale of a horse is entered into on the condition that the buyer should have it for eight days for trial and be at liberty to return it at the expiration of that period if he did not find it suitable. The horse dies without any fault on the part of either party, three days after it was delivered to the buyer for trial. Whether contract can be enforced? [HJS 2011]

Question 4

Goods were delivered to the buyer on approval. After three months the same were stolen from the godown of the buyer. The seller filed a suit for the price of the goods. Buyer pleaded that the property in the goods had not passed to him. Deciding giving reasons. [DJS 1979]

Question 5

X offered to purchase a scooter from Y, and to pay the price by cheque, X then convinced him that he was well-known person. Being so convinced, Y accepted the cheque of X and let him take the scooter. X sold the scooter to Z and the cheque proved worthless. Y filed a suit to recover the scooter from Z. Will he succeed in his claim? [BJS 1979]

Question 6

X found a ring. He made a reasonable search for the owner but could not find him. Later, he sold the ring to Y. Can the true owner recover the ring from Y? [BJS 1980]

Question 7

'A' entrusted her antique diamond necklace to 'B' a jeweller cum auctioneer for sale through a public action on the term that 'B' shall not sell it for less than Rs.15 lakhs. 'B' sold the antique diamond necklace to 'C' in a private sale for barely Rs. 10 lakhs and misappropriated the amount and disappeared with the antique diamond necklace. Can 'C' recover the cost of the antique diamond necklace from 'A'? 'A' puts up the defence of nemo dat quod non habet (nobody can give what he himself does not have). Decide. [DJS 2015]

Question 8

C, agreed to purchase wool tops from D in Australia. The wool tops were to be delivered in Bombay. C advised D to send the goods to Hongkong where C was, from where C would go by the same ship to Bombay. D gave a notice to the shippers to stop delivery to C. On the other hand, C claimed that by boarding the same ship he impliedly obtained delivery at Hongkong. Can D exercise a valid right of stoppage in this case? Give reasons. [BJS 1984]

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