Table of Contents
How do you describe condition as per Sale of Goods Act 1957?
(1) A stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or warranty. (2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated.
What is the meaning of goods in accordance to the Sales of goods Act 1957?
“Goods” – Defined in S2 SOGA – “every kind of movable property other than actionable claims and money and includes stocks and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.”
What are the exceptions to the nemo dat rule?
An exception to the Nemo Dat rule exists where dispositions were made by mercantile agents in possession or continuing possession pursuant to section 26A of the Goods Act 1958.
When and under what circumstances can a seller exercise the right of resale?
Right of Resale (Section 54) An unpaid seller can exercise his right of resale under the following conditions: Goods are perishable in nature: In such cases, the seller does not have to inform the buyer of his intention of resale.
What are the requirements for fitness for purpose under s16 1 of Soga 1957?
This section means that goods must be as fit for the purpose for which they are commonly used as it is reasonable to expect, taking into account any description attached to them, their price and all the other circumstances. Thus, food must be fit to eat, clothes must be fit to wear, and cars must be fit to drive.
What do you mean by condition as to quality as to fitness?
Condition As To Quality Or Fitness Generally, there is no implied condition as to the quality or fitness of the goods that are sold for a particular purpose. However, the condition as to the reasonable fitness of goods for a particular purpose may be implied on the part of the seller for which the buyer wants them.
What is the purpose of Sale of Goods Act?
It provides for the setting up of contracts where the seller transfers or agrees to transfer the title (ownership) in the goods to the buyer for consideration. It is applicable all over India. Under the act, goods sold from owner to buyer must be sold for a certain price and at a given period of time.
What are the implied conditions in Sale of Goods Act?
Section 14(a) of the Sale of Goods Act 1930 explains the implied condition as to title as ‘in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass’.
What are the various exceptions to the rule namo dat quod non Habet?
The apparent harshness of the nemo dat rule was realized, and some exception were provided. The exception applies only to the buyer who has acquired the goods in a good faith and without having knowledge about the rights of the true owner.
Which of the below said is not included in goods as per Sale of Goods Act 1930 Mcq?
(d) Stocks. According to Sale of Goods Act, 1930, Goods means every kind of movable property including stock, shares, grass, growing crops and things attached to or forming part of the land which are to be severed from land. But it does not include any immovable property. Hence, option (a) is the correct answer.
In which case the unpaid seller can exercise the right of lien on goods in his possession?
According to Section 47(2), the unpaid seller can exercise his rights of lien while he is in possession of the goods by acting as an agent or bailee for the buyer. This is called possessory lien and can be exercised by the seller as long as he is in possession of the goods.
What are the implied conditions in a contract of sale of goods?
In every contract of sale, the first implied condition on the part of the seller is that: in case of a sale, he has a right to sell the goods, and in the case of an agreement to sell, he will have the right to sell the goods at the time when the property is to pass.
What is Section 16 of Sale of Goods Act?
(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he is the …
What are the exceptions to section 16 1 of sales of goods act?
If the buyer careless, the buyer must bear the consequences and the seller would not be liable, if the goods is not fit or having no quality as required by the buyer. However there are some exceptions under Section 16(1)(a) where it shows that the implied terms as to fitness for particular purpose can be applied.
What is implied warranty of fitness?
An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.
When can an implied warranty or condition as to the quality or fitness for a particular purpose may be annexed by the usage of trade?
Section 16(3) goes on to state that “An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.”, which means that at times when the nature of the purpose or usage of trade can be understood by the seller through the very nature of the transaction, then in …
What are the objectives of sale of goods?
Thus, Sale of Goods Act 1930 was introduced with the objective of balancing the rights, duties, claims and expectations arising in the process of transferring of property from one person to another i.e of buyers and sellers.