CA Foundation Law - Unpaid Seller Quiz 6 Created on August 25, 2023 By admin Unpaid Seller Quiz 1 1 / 18 The Seller of Goods is deemed to be an Unpaid Seller _________. when the whole of the price has not been paid or tendered. when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition has not been fulfilled by reason of the dishonour of the instrument or otherwise. both (a) and (b). either (a) or (b). 2 / 18 The term “Unpaid Seller” includes _________. Agent of the Buyer Agent of the Seller Agent of the Carrier/Transporter All of the above 3 / 18 When the goods have been sold on credit and the credit period _________ lien can he exercised. has not expired has expired has not been extended has been extended 4 / 18 Where the goods have been delivered to Railways for carriage and the R/R is taken in the name of the seller or his agent: the seller is prima facie deemed to reserve the right of disposal the seller did not retain the right of disposal the seller cannot retain right of disposal none of the above 5 / 18 In which of the following situations, the right of lien available to the Unpaid Seller is lost? Where the Goods have been sold without any stipulation as to credit Where the Goods have been sold on credit, but the credit period has expired Where the Buyer becomes insolvent Where the Unpaid Seller has parted with the possession of the goods 6 / 18 The right of lien is available to the Unpaid Seller, u/s 47 of the Sale of Goods Act, when he is in possession of goods _________. as an agent of the Buyer as a Bailee for the buyer in his own right all of the above 7 / 18 The right of lien is available to the Unpaid Seller, only when _________. he is not in possession of the goods he is in possession of the goods he has delivered the goods to the Carrier/ Transporter he has delivered the goods to the Buyer 8 / 18 Right of Stoppage in transit can be exercised by the Unpaid Seller, where he _________. has lost his right of lien still enjoys his right of lien either (a) or (b) neither (a) nor (b) 9 / 18 Where the Unpaid Seller has parted with the goods by handing it over to a carrier for transmission, and the goods are in transit, he can reclaim possession thereof. This right is called _________. Right of Lien Right of Stoppage of goods in transit Right of withholding delivery of goods Right of Re-sale 10 / 18 Generally, where an Unpaid Seller has made part delivery of the Goods, he _________. may exercise his right of lien on the remainder has to honour the entire contract loses his lien on the remainder of the goods can supply defective goods in respect of the remainder 11 / 18 The Unpaid Seller _________ to deliver a part of the Goods on payment of a proportionate part of the price by the Buyer. shall be bound may refuse must honour his commitment shall request the carrier 12 / 18 The right of lien can be exercised by the Unpaid Seller in respect of _________. Price Any other expenses, e.g. Godown Charges, Interest, etc. Both (a) and (b) Either (a) or (b) 13 / 18 Goods are deemed to be in transit from the time they are delivered to the Carrier or other bailee for transmission to the buyer, until _________. Buyer becomes solvent Buyer or his agent takes delivery of the goods Seller becomes solvent Seller or his agent takes delivery of the goods 14 / 18 In the case of sale by auction, where goods are put for sale in lots, each lot is prima facie the subject of _________. a single contract of sale a separate contract of sale either (a) or (b) both (a) and (b) 15 / 18 The right of stoppage in transit may be exercised by the Unpaid Seller till _________. payment or tender of the price Buyer becomes solvent such time as the Carrier may think fit such time as the Court may think fit 16 / 18 An auction sale is complete on the _________. delivery of goods payment of price fall of hammer None of the above 17 / 18 Right of Stoppage in transit can be exercised by the Unpaid Seller, where the Buyer _________. is solvent becomes insolvent acts fraudulently acts smartly 18 / 18 Where a right to bid at the auction has been expressly reserved by the seller, the seller can depute _________. not more than one agent to bid on his behalf not more than two agents to bid on his behalf not more than three agents to bid on his behalf any number of agents to bid on his behalf Your score isThe average score is 78% LinkedIn Facebook Twitter VKontakte 0% Restart quiz 5 Created on August 25, 2023 By admin Unpaid Seller Quiz 2 1 / 18 X purchased a VCD at a public auction. Neither Auctioneer nor X knew at that time that the VCD was a stolen property. In such case, the true owner can _________. recover the goods from X sue the Auctioneer for fraud both (a) and (b) either (a) or (b) 2 / 18 If, after the arrival of goods at their destination, Carrier or other Bailee acknowledges to Buyer or his agent that he holds goods on his behalf, and continues possession of the goods, the transit _________. is at an end is deemed to continue is not at an end is not affected at all 3 / 18 At an auction sale, the bidder can withdraw his bid _________. before fall of hammer at any time during auction before payment of price cannot withdraw bid 4 / 18 The Unpaid Seller’s right of lien is to _________. re-organize possession of goods re-sell the goods regain possession of goods retain possession of goods 5 / 18 Right of Stoppage in Transit may be exercised by the Unpaid Seller, by _________. taking actual possession of Goods giving notice of his claim to the Carrier/ Bailee who holds the Goods. either (a) or (b) Both (a) and (b) 6 / 18 An act by which an intending bidder is discouraged or dissuaded from bidding in the auction sale is called _________. Puffer Dumping Damping knockout 7 / 18 If the Carrier/Bailee wrongfully refuses to deliver the goods to the buyer or his agent, the transit _________. is at an end is deemed to be at an end is not deemed to be at an end is dependent on the Court’s decision 8 / 18 If goods are rejected by the buyer and the Carrier or other Bailee continues in possession of them, and the seller has refused to receive them back, then transit _________. is at an end is deemed to be at an end is not deemed to be at an end is dependent on the Court’s decision. 9 / 18 Unless excluded by an agreement to the contrary, where after a contract has been made but before it has been performed, excise duty is increased: The buyer would have to pay increased price The seller cannot charge increased price The seller can charge increased price Both ‘a’ and ‘c’ 10 / 18 Where under a contract of sale, the price is payable on a certain day irrespective of delivery and Buyer wrongfully neglects or refuses to pay the price, the Seller can sue the Buyer for the price of goods. For this purpose, goods _________. should be appropriated to the contract need not be appropriated to the contract should be delivered to the buyer need not be delivered to the buyer 11 / 18 In pretended bidding, sale is _________. voidable at the option of the seller valid voidable at the option of the buyer illegal 12 / 18 The word “perishable” in respect of goods, u/s 54 of the Sale of Goods Act, means _________. physically perishable commercially perishable both (a) and (b) either (a) or (b) 13 / 18 _________ is a form of combination of buyers to prevent competition among themselves at an auction sale. Knock-out agreement monopoly agreement oligopoly agreement puffing agreement 14 / 18 When under a contract of sale, buyer has paid the price, but seller neglects to deliver goods, buyer has a right to claim interest on the amount of price. The buyer can claim interest _________. only when he can recover the price only when he is entitled to claim damages either (a) or (b) both (a) and (b) 15 / 18 In case of interest by way of damages and special damages in a suit by the seller u/s 61, the interest may be calculated from _________. date of tender of goods date on which the price was payable either (a) or (b) both (a) and (b) 16 / 18 Any imposition, increase, decrease or remission of (i) Customs or Excise Duty on Goods and (ii) Tax on the Sale or Purchase of Goods, subsequent to the sale, in case of decrease of tax, shall be deducted from the contract price by the Buyer and he shall not be liable to pay or be sued for such deduction. True Depends on the contract False Both ‘a’ and ‘b’ 17 / 18 The unpaid seller who has retained possession of the goods in exercise of his right of lien or who has resumed possession from the carrier upon insolvency of the buyer, can resell the goods : If the goods are of perishable nature, without any notice to the buyer If the goods are non-perishable, by giving notice to the buyer Either ‘a’ or ‘b’ Neither ‘a’ nor ‘b’ 18 / 18 Where the sale is not notified to be subject to a right to bid on behalf of seller, it shall not be lawful for the seller _________. to bid for himself to employ any person to bid at such sale either (a) or (b) neither (a) nor (b) Your score isThe average score is 63% LinkedIn Facebook Twitter VKontakte 0% Restart quiz 1 Created on August 25, 2023 By admin Unpaid Seller T/F 1 / 11 In case of sale by auction, a bid can be recalled at any time before the fall of hammer. True False 2 / 11 If the buyer’s possession is disturbed by the auctioneer or the seller then buyer has a right to claim compensation. True False 3 / 11 Once possession is lost, right of lien of the unpaid seller is also lost. True False 4 / 11 An auctioneer shall be liable for damages if the auctioneer had no authority to sell the goods. True False 5 / 11 Unpaid seller can exercise his right of lien even when property in goods has been passed to the buyer. True False 6 / 11 The term unpaid seller includes buyer’s agent to whom bill of lading is endorsed. True False 7 / 11 Unpaid seller’s right of stoppage in transit can be exercised only when the buyer is insolvent. True False 8 / 11 Sub-sale by the buyer with seller’s consent leads to loss of right of stoppage in transit. True False 9 / 11 Nemo dat quad non habet means let the buyer beware. True False 10 / 11 Where the unpaid seller has obtained a decree for the price of the goods the right of lien cannot be exercised. True False 11 / 11 Unpaid seller can exercise his right of resale of goods only when property in goods has not passed to the buyer. True False Your score isThe average score is 63% LinkedIn Facebook Twitter VKontakte 0% Restart quiz
