Question 1

An unpaid seller loses his right of lien in case of

Accepted Answer

A)  delivery of goods to buyer
B)  delivery of goods to carrier or wharfinger
C)  tender of price by buyer
D)  any of the above D

Question 2

Claim for necessaries supplied to a person incompetent to contract, from the property of such person. It is covered under the concept of

Accepted Answer

A)  quasi-contract
B)  caveat emptor
C)  contingent contract
D)  wagering agreement A

Question 3

Auction sale is also known as

Accepted Answer

A)  public sale
B)  private sale
C)  cash sale
D)  none of the above A

Question 4

Where the court orders the defaulting party to carry out the promise according to the terms of the contract, it is called as a/an

Accepted Answer

A)  quantum meruit
B)  rescission
C)  injunction
D)  specific performance

Question 5

The party who gives the indemnity is known as

Accepted Answer

A)  the indemnity-holder
B)  the indemnifier
C)  the surety
D)  the principal debtor

Question 6

Exemplary damage is also known as

Accepted Answer

A)  a vindictive damage
B)  a punitive damage
C)  a direct damage
D)  either (a)  or (b)

Question 7

A contract in which a person promises to discharge the liability of another person, in case of default by such person, is known as a

Accepted Answer

A)  quasi-contract
B)  contract of indemnity
C)  contract of guarantee
D)  none of the above

Question 8

In contract through sea route, where the seller has to put the goods on board a ship at his own expenses, the contract is known as

Accepted Answer

A)  cif contract
B)  fob contract
C)  board obligatory contract
D)  ex-ship contract

Question 9

_________ means an order of the court restraining a person from doing what he promised not to do

Accepted Answer

A)  quantum meruit
B)  rescission
C)  specific performance
D)  injunction

Question 10

Where the seller appoints his person to bid at the auction sale without informing to bidder, it is called as

Accepted Answer

A)  prepared bidding
B)  pretend bidding
C)  power bidding
D)  both (a)  & (c)

Question 11

A finder of goods

Accepted Answer

A)  a person who finds the goods belonging to another
B)  a person who returns any goods to the owner
C)  a person who finds the goods belonging to another and takes them into his custody
D)  any of the above

Question 12

Quantum meruit means

Accepted Answer

A)  a non-gratuitous promise
B)  as gratuitous promise
C)  as much as is earned
D)  as much as is paid

Question 13

A quasi-contract

Accepted Answer

A)  is a contract
B)  is an agreement
C)  has only a legal obligation
D)  is not any of these

Question 14

The general rule is that the buyer of goods is responsible for his choice or selection. This doctrine is

Accepted Answer

A)  ignorantia juris non excusat
B)  quid pro quo
C)  nemo dat quad non habet
D)  caveat emptor

Question 15

Liquidated damages means an amount of the _________ that may result from the breach of contract

Accepted Answer

A)  actual loss
B)  loss suffered
C)  pre-estimated probable loss
D)  pre-estimated actual loss

Question 16

'Nemo Dat Quod Non Habet' means

Accepted Answer

A)  no man can pass a better title than what he himself possesses.
B)  let the buyer beware.
C)  void from the beginning.
D)  ignorance of law is no excuse.

Question 17

An unpaid seller can exercise his right of stoppage of goods in transit

Accepted Answer

A)  by giving notice to the carrier
B)  by taking actual possession of the goods
C)  by notice of his claim to the bailee who is in possession of the goods
D)  either (a)  or (b)  or (c)

Question 18

Vindictive damages have been awarded

Accepted Answer

A)  for a breach of the promise to marry
B)  for a wrongful dishonour of a cheque
C)  either (a)  or (b) 
D)  neither (a)  nor (b)

Question 19

A stipulation for increased interest from the date of default is known as

Accepted Answer

A)  a compensation
B)  a penalty
C)  liquidated damages
D)  damages

Question 20

The remedies available to a person, suffering from the breach of contract are

Accepted Answer

A)  suit for damages
B)  suit for injunction
C)  quantum meruit
D)  all of the above

Exam 6: Sale of Goods Act and Contract Law