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1. Severance can be effected when the part severed can be removed by running a through it.

Options

A : blue pencil

B : white pencil

C : black pencil

D : None of these

2. Since a contract is concluded by the mere acceptance of an offer, the terms of the intended or proposed agreement must be indicated with sufficient definiteness in the offer itself. The terms of the offer must, therefore, be definite and certain. Which of the following cases held that the proposal must be sufficiently definite to permit the conclusion of the contract by mere acceptance?

Options

A : Coffee Board Bangalore v. Janab Dada Haji Ibrahim Halari

B : Gorakh Nand Yadav v. District Magistrate, Gorakhpur

C : Sanwarmal Goenka v. Soumyendra Chandra Gooptu

D : Nandganj Sihori Sugar Co. Ltd., v. Badri Nath Dixit

3. Subject to a contract between the partners, the firm shall indemnify a partner in respect to payments made and liabilities incurred by him:

Options

A : in the ordinary and proper conduct of the business

B : in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances

C : both (A) and (B)

D : None of these

4. Sub-section 1 of Section 16 of the Indian Contract Act, 1872 requires the Court to try a case to consider which of the following?

Options

A : Are the relations between the donor and the done such that the done is in a position to dominate the will of the donor?

B : Has the done used that position to obtain an unfair advantage over the donor?

C : either (A) or (B)

D : both (A) and (B)

5. Sub-section of which of the following Section of the Indian Contract Act, 1872 shall not affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872)?

Options

A : Section 7

B : Section 16

C : Section 20

D : None of these

46. Where in a contract of sale the seller purports to effect the present sale of the future goods, the contract operates as:

Options

A : A Contract of sale

B : An agreement to sell the goods

C : A Contact of sale or agreement to sell

D : It is not a valid contract

47. Can the agreement be avoided when there is an agreement to sell specific goods but subsequently the goods perish or become so damaged without any fault of the seller or buyer:

Options

A : It can be avoided by the parties

B : It can’t be avoided by the parties

C : It can be avoided only with the approval of Court

D : It can be avoided only if there is a contract in this regard between the parties

48. In a contract for the sale of specific goods, the goods, without the knowledge of seller perished at the time when the contract was made, the contract is:

Options

A : The avoidable contract at the instance of seller

B : The avoidable contract at the instance of buyer

C : Avoidable contract subject to the approval of the civil court

D : A void contract

49. A contract of sale may be made:

Options

A : A in writing or by word of mouth

B : partly in writing of partly by word of mouth

C : by the implied conduct of parties

D : All of the above

50. A is a stipulation essential to main purpose of the contract and the breach of which gives rise to a right to treat the contract as repudiated:

Options

A : Condition

B : Warranty

C : Disclaimer

D : Guarantee

51. A is a stipulation collateral to the main purpose of the contract and the breach of which gives rise to a right to claim for damages but not to a right to reject goods and treat the contract as repudiated:

Options

A : Condition

B : Warranty

C : Terms of contract

D : Disclaimer

52. When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of Goods Act, 1930:

Options

A : When the buyer fulfills the condition stipulated to the contract of sale

B : When the contract of sale is severable and the buyer has accepted the entire goods

C : When the contract of the sale is not severable and the buyer has accepted the goods or part thereof, subject to any express or implied term in the contract

D : When the contract of the sale is severable and the buyer has accepted the entire goods or part thereof

53. In the Contract of Sale, there is an implied warranty that:

Options

A : The seller has a right to sell the goods

B : The buyer has the right to have and enjoy the quiet possession of goods only.

C : The goods shall be free from any charge or encumbrance

D : The buyer has the right to have and enjoy the quiet possession of goods and that the goods shall be free from any charge or encumbrance

54. In a Contract for Sale of goods by sample and description, it is necessary that:

Options

A : The bulk of goods shall correspond with the sample as well as a description

B : The bulk of goods shall correspond with the sample while it is not necessary that the bulk of goods shall correspond with the description

C : The bulk of goods shall correspondent with the description and it is not necessary that the bulk of goods correspond with the sample

D : Variation of the bulk of goods with the sample and description of goods is only to be treated as a breach of warranty

55. In which of the following cases, there is an implied condition as to the particular quality or fitness of goods:

Options

A : When a buyer makes known to the seller the particular purpose for which goods are required as to show that buyer relies on seller’s skill and judgment and the goods are of description which it is in the ordinary course of seller’s business to supply

B : When a buyer makes known to the seller the particular purpose for which goods are required as to show that buyer relies on seller’s skill and judgment though the seller does not, in the ordinary course of its business, supply such goods

C : When goods are bought by description from a seller who deals in goods of that description, whether as a manufacturer or otherwise and the buyer has examined the goods and found defects in the same

D : When there is a contract for the sale of a specified article under its patent or another trade name

56. When does the property in the goods pass to the buyer in case of a contract for the sale of specific or ascertained goods:

Options

A : When the contract for sale is made

B : When the parties to the contract intend it to be transferred

C : When the price is paid for the goods

D : When the delivery of goods has been made

57. When does the property in the goods pass to the buyer in case of an unconditional contract for the sale of specific goods in a deliverable state:

Options

A : When the contract is made irrespective of whether the time of payment of price or delivery of goods is postponed or not

B : When the party Intends to transfer

C : At the time of the payment of the price of goods

D : At the time of delivery of goods

58. When does the property in the goods pass to the buyer in case of a contract for the sale of unascertained or future goods by description:

Options

A : When the goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller or by the buyer with the assent of each other

B : When the goods of that description and in a deliverable state are conditionally appropriated to the contract either by the seller or by the buyer with the assent of each other

C : When the goods of that description and in a non-deliverable state are conditionally appropriated to the contract either by the seller or by the buyer with the assent of each other

D : When the goods of that description and in a non-deliverable state are unconditionally appropriated to the contract either by the seller or by the buyer with the assent of each other

59. In which of the following cases property in the goods does not pass to the buyer when the goods are delivered to the buyer on approval or “on sale or return” or other similar terms:

Options

A : When the buyer signifies his approval or acceptance to the seller as to goods

B : When the buyer retains the goods without giving notice of rejection and upon expiry of reasonable time

C : When a buyer gives notice of rejection to the seller

D : When a buyer does any other act adopting the transaction

60. Choose the most appropriate answer. Unless otherwise agreed, the goods remain at seller’s risk until:

Options

A : The goods have been delivered to the buyer

B : The goods have been utilized by the buyer

C : The price of the goods has been received by seller

D : The property therein has been transferred to the buyer

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