Chapter 10 Multiple choice questions

. What is the usual remedy for late delivery of the goods?

The buyer may reject the goods but will not be entitled to any other relief.

The buyer must accept the goods but may sue for late-delivery.

The buyer may reject the goods and sue for non-delivery.

The buyer may reject the goods and sue for late-delivery.

. What is the remedy for breach of warranty of quality?

The expression "breach of warranty of quality" doesn't exist. Implied terms as to quality in the Sale of Goods Act 1979 are conditions.

Damages for breach of an innominate term

Damages for breach of condition

Damages for breach of warranty

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The rights contained in the Regulations have superseded those in the Sale of Goods Act 1979.

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

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

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

. In what circumstances will section 48A of the Sale of Goods Act 1979 apply?

When the goods do not conform to the contract of sale within the first six months following delivery.

When the goods do not conform to the contract of sale at the time of delivery.

When the buyer deals as consumer and the goods do not conform to the contract of sale within the first 6 months following delivery.

When the buyer deals as consumer and the goods do not conform to the contract of sale at the time of delivery.

. In relation to Question 4, when will the goods not conform to the contract of sale?

Whenever they are proved to be defective.

If there is, in relation to the goods, a breach of an express term of the contract or a term implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979.

If there is, in relation to the goods, a breach of an express term of the contract or a term implied by sections 13, 14 or 15 of the Sale of Goods Act 1979.

If there is, in relation to the goods, a breach of a term implied by sections 13, 14 or 15 of the Sale of Goods Act 1979.

. What is the effect of section 48A(3) of the Sale of Goods Act 1979?

That goods which do not conform to the contract at any time within six months from the date of delivery will be held not to have conformed at the date of actual delivery.

That goods which do not conform to the contract at any time will be presumed not to have conformed at the date of actual delivery.

That goods which do not conform to the contract at any time within six months from the date of delivery will be presumed not to have conformed at the date of actual delivery, provided that the seller sold the goods in the course of a business.

That goods which do not conform to the contract at any time within six months from the date of delivery will be presumed not to have conformed at the date of actual delivery.

. 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.

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

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

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

. Which of the following remedies is not a remedy available under the Consumer Rights Act 2015?

A short-term right to reject

A right to have the goods repaired or replaced

A right to have the purchase priced reduced (and keep the goods)

A right to dispose of the goods

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

No

Yes

. Which one of the following was not one of the four exceptions made by the House of Lords in R&H Hall Ltd v WH Pim Junior & Co Ltd [1928] All ER Rep 763 which, if all present, would serve to displace the prima facie rule for the calculation of damages for non-delivery of the goods in cases where the goods were purchased for the purpose of resale?

The resale contract must be for the exact same goods as were to be supplied under the first contract.

The resale contract must be in accordance with the market irrespective of whether or not it is an extravagant or unusual bargain.

The parties to the first contract must have contemplated that the buyer was to resell the goods.

The resale contract must have been made before the delivery due date on the first contract.

Chapter 10 Multiple choice questions

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