* not completed

. What is meant by the term "specific goods"?

Specific goods are goods that are identified and agreed upon at the time a contract of sale is made. correct incorrect

Specific goods are goods that have been specifically made to fulfil the buyer's order. correct incorrect

Specific goods are goods that have a specific (rather than a general) use. correct incorrect

Specific goods are goods that the seller has had to order specifically for the buyer. correct incorrect

* not completed

. In which statute will you find the implied terms for contracts for the supply of a service?

Sale of Goods Act 1979 correct incorrect

Sale of Goods Act 1979, but only if the service is incidental to the supply of goods correct incorrect

Supply of Goods and Services Act 1982 correct incorrect

None of the above. A contract for the supply of a service is governed by common law correct incorrect

* not completed

. Where will you find the definition of "sale by description"?

In section 13 of the Sale of Goods Act 1979 correct incorrect

In section 14 of the Sale of Goods Act 1979 correct incorrect

In section 61(1) of the Sale of Goods Act 1979 correct incorrect

It is not defined in the Sale of Goods Act 1979. The common law has given guidance as to its meaning correct incorrect

* not completed

. Which one of the following statements is correct?

The terms implied in the Sale of Goods Act 1979 apply only where the seller sells the goods in the course of a business. correct incorrect

The terms implied in the Sale of Goods Act 1979 apply irrespective of whether the seller sells the goods in the course of a business. correct incorrect

Sections 14(2) and (3) apply only where the seller sells the goods in the course of a business. Sections 12, 13 and 15 apply irrespective of the status of the seller. correct incorrect

The terms implied in the Sale of Goods Act 1979 apply only where the buyer is a consumer.
correct incorrect

* not completed

. Which one of the following statements correctly reflects the meaning of "in the course of a business" as used in the Sale of Goods Act 1979?

A sale by a business is a sale in the course of a business. correct incorrect

The purchase must be an integral part of the business. correct incorrect

The goods purchased are of a kind which the business has bought with some degree of regularity. correct incorrect

The goods must have been bought with the intention of selling them on for a profit. correct incorrect

* not completed

. In the case of the transfer of property in unascertained goods, it doesn't matter in which order the statutory rules are applied provided they are applied correctly. Is this statement correct?

No correct incorrect

Yes correct incorrect

* not completed

. When do goods become ascertained?

As soon as the contract is made correct incorrect

When the goods are identified as the goods to be used in the performance of the contract correct incorrect

As soon as they have been delivered to the buyer correct incorrect

As soon as the buyer pays for them correct incorrect

* not completed

. The rules relating to which party bears the risk in the goods depends on whether the buyer deals as a consumer. Is this statement correct?

Yes correct incorrect

No correct incorrect

* not completed

. When does the risk in the goods transfer to the consumer buyer?

When they are paid for correct incorrect

When they are dispatched for delivery correct incorrect

When they come into the physical possession of the consumer correct incorrect

When the contract is made correct incorrect

* not completed

. What is the difference (if any) between a simple retention of title clause and an all-liabilities or all-monies clause?

There is no difference. They are merely different terms for the same thing. correct incorrect

An all-liabilities or all-monies clause is one that has been expressly agreed by the parties. A retention of title clause is one that is implied by statute. correct incorrect

Retention of title clauses have been expressly approved by the Court of Appeal in Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd [1976] 1 WLR 676 and therefore will be enforced. All-liabilities or all-monies clauses have had no such approval and are unlikely to be accepted by the courts. correct incorrect

An all-liabilities or all-monies clause goes further than a simple retention of title clause and provides that a buyer will not get ownership in the goods bought until all monies or liabilities owed to the seller have been satisfied. correct incorrect

* not completed

. What does section 19(1) of the Sale of Goods Act 1979 allow a seller to do?

Recover the goods if the buyer fails to pay for them on time correct incorrect

Recover the goods if the buyer becomes insolvent correct incorrect

Reserve the right of disposal of the goods until the buyer pays for the goods correct incorrect

Reserve the right of disposal of the goods until certain conditions are fulfilled correct incorrect

* not completed

. What does section 19(1) of the Sale of Goods Act 1979 allow a seller to do?

Recover the goods if the buyer fails to pay for them on time correct incorrect

Recover the goods if the buyer becomes insolvent correct incorrect

Reserve the right of disposal of the goods until the buyer pays for the goods correct incorrect

Reserve the right of disposal of the goods until certain conditions are fulfilled correct incorrect

* not completed

. Why are retention of title clauses not generally regarded as security interests, which are void if not registered?

Because they are, in the main, not security interests and do not need to be registered correct incorrect

Because security interests never need registering correct incorrect

Because the Court of Appeal said so in Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd [1976] 1 WLR 676 correct incorrect

They are security interests and are void if not registered correct incorrect

* not completed

. Which one of the following statements is correct?

Whether an exemption clause is likely to be incorporated into the contract will depend on whether or not the recipient had reasonable notice of it. correct incorrect

Whether an exemption clause is likely to be incorporated into the contract will depend on whether or not the recipient had expressly agreed to its inclusion. correct incorrect

Whether an exemption clause is likely to be incorporated into the contract will depend on whether or not the contract is in writing. correct incorrect

Whether an exemption clause is likely to be incorporated into the contract will depend on the seriousness of the breach and possibly the extent of the loss sustained. correct incorrect

* not completed

. The word "reasonableness" is often used in connection with exemption clauses. Which party has the burden of establishing reasonableness?

The party claiming that the term satisfies the requirement of reasonableness must show that it does correct incorrect

This is a matter for the trial judge correct incorrect

The party claiming that the term does not satisfy the requirement of reasonableness must show that it does not correct incorrect

Depends of the facts of the case correct incorrect

* not completed

. When will the goods be deemed to have perished for the purposes of the Sale of Goods Act 1979?

Only if they have been destroyed. correct incorrect

Either if they have been destroyed or if they become significantly altered so that, for commercial purposes, they can no longer be said to be the same goods that were the subject of the contract. correct incorrect

If the reasonable person would consider them to have perished. correct incorrect

If the buyer would be justified in rejecting them. correct incorrect

* not completed

. What would the likely result be in the following situation? A buyer contracts with a seller to purchase a specific portion of a crop and performance becomes impossible owing to a failure of the crop without any default on the part of the seller.

The seller will not be liable to the buyer in damages. correct incorrect

The seller will be liable to the buyer in damages. correct incorrect

The seller will only be liable to the buyer in damages if the goods have already been paid for. correct incorrect

The seller will not be liable to the buyer in damages although he will be obliged to deliver the actual amount that has been harvested. correct incorrect

* not completed

. Upon which party is the burden of proving whether or not the third party purchaser acted in good faith?

The original owner correct incorrect

The third party purchaser must prove that he acted in good faith. This is the rule for all of the exceptions to the nemo dat rule except section 23 where the original owner must prove that the third party purchaser did not act in good faith. correct incorrect

The party bringing the claim correct incorrect

It will depend on the facts of the case correct incorrect

* not completed

. In what circumstances can section 21(2) of the Sale of Goods Act 1979 be used?

It cannot. It has been repealed. correct incorrect

In various miscellaneous situations where there exists a special power of sale. correct incorrect

In any case where the court deems it just and equitable. correct incorrect

When a party cannot succeed under one of the other nemo dat exceptions and it would be unfair to leave him without a remedy. correct incorrect

* not completed

. It is the buyer's duty to accept and to pay for the goods. What is the corresponding duty of the seller?

To make the goods available for collection by the buyer correct incorrect

To deliver the goods according to the terms of the contract correct incorrect

To deliver the goods to the buyer's home address correct incorrect

To deliver the goods to the buyer's business address correct incorrect

* not completed

. What may a buyer do if the seller delivers a quantity of goods less than he contracted to sell?

Either reject them or accept the short delivery and pay pro-rata for the goods that have been delivered. correct incorrect

Either reject or accept them. If he accepts them, he must pay the full contract price (including the goods that were not delivered). correct incorrect

He must reject them. correct incorrect

He must accept them. correct incorrect

* not completed

. Will a buyer be deemed to have accepted the goods if he agrees to their repair?

Yes, provided the goods are specific goods correct incorrect

No, provided the goods are specific goods correct incorrect

No correct incorrect

Yes correct incorrect

* not completed

. When will the unpaid seller of goods not lose his lien or right of retention in respect of the goods?

When the buyer or the buyer's sub-buyer lawfully obtains possession of the goods. correct incorrect

When he delivers the goods to a carrier or other bailee or custodier for the purpose of transmission to the buyer without reserving the right of disposal of the goods. correct incorrect

When the buyer or his agent lawfully obtains possession of the goods. correct incorrect

By waiver of the lien or right of retention. correct incorrect

* not completed

. What is payment on a "day certain"?

Where the parties have agreed that payment will be made on a particular date. correct incorrect

Where the parties have agreed that payment will be made on a particular date and make time for payment of the essence. correct incorrect

Where the parties have agreed that payment will be made on a particular date irrespective of whether the goods have been delivered to the buyer. correct incorrect

Where the parties have agreed that payment will be made upon the occurrence of a specific event rather than on a particular date. correct incorrect

* not completed

. Which one of the following statements is correct in relation to the Sale and Supply of Goods to Consumers Regulations 2002?

The rights contained in the Regulations have superseded those in the Sale of Goods Act 1979. correct incorrect

They provide additional rights to consumers in addition to those provided in the Sale of Goods Act 1979. correct incorrect

They provide alternative rights to those contained in the Sale of Goods Act 1979. The consumer must choose either the Regulations or the Act. correct incorrect

The rights contained in the Regulation are identical to those contained in the Sale of Goods Act 1979. correct incorrect

* not completed

. Which one of the following statements is correct?

The remedies contained in section 48A(2) of the Sale of Goods Act 1979 may be sought only in the same order they are listed in that section. correct incorrect

The remedies contained in section 48A(2) of the Sale of Goods Act 1979 may be sought in any order as the buyer wishes. correct incorrect

The remedies contained in section 48A(2) of the Sale of Goods Act 1979 may be applied in any order as the seller wishes. correct incorrect

The remedies contained in section 48A(2) of the Sale of Goods Act 1979 will be applied in the order the court directs. correct incorrect

* not completed

. Is it likely that the decision in Re Moore and Landauer [1921] 2 KB 519 would be followed today?

No correct incorrect

Yes correct incorrect

* not completed

. Does the Consumer Credit Act 1974 apply to parties who are provided with credit in the course of a business?

Yes correct incorrect

No correct incorrect

* not completed

. Does section 75 of the Consumer Credit Act 1974 provide any protection to debtors in respect of foreign transactions?

Yes, in every case correct incorrect

No correct incorrect

Not without the agreement of the creditor correct incorrect

Yes, provided that the credit agreement is a UK credit agreement correct incorrect

* not completed

. With actual authority, how is the authority actually given?

Express or implied correct incorrect

Express correct incorrect

Implied correct incorrect

* not completed

. If an agent carries out an act in the name of a principal for which he was not authorised, what steps, if any, can the principal take to save the act?

Nothing. If the act was not authorised, it cannot be saved. correct incorrect

He may seek the third party's consent for the transaction to proceed. correct incorrect

He may ratify the act. correct incorrect

He may obtain an order of the court to affirm the act. correct incorrect

* not completed

. Where the agent is acting on behalf of a disclosed principal and the third party settles with the agent, will he be deemed to have settled with the principal?

Yes correct incorrect

Only if the agent had either actual or apparent authority to accept monies on behalf of the principal correct incorrect

No correct incorrect

* not completed

. Does an agent have the right to be indemnified by his principal for expenses, losses and liabilities?

Not unless there is an express term to this effect in the agency agreement. correct incorrect

Yes, in respect of those that he reasonably incurs whilst executing his duties as agent within the scope of his actual authority. This is the case unless there is an express term in the agency agreement to the contrary. correct incorrect

Yes, in respect of those that he reasonably incurs whilst executing his duties as agent within the scope of his actual or apparent authority. This is the case unless there is an express term in the agency agreement to the contrary. correct incorrect