Chapter 8 Multiple choice questions

. 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

To deliver the goods according to the terms of the contract

To deliver the goods to the buyer's home address

To deliver the goods to the buyer's business address

. Section 28 of the Sale of Gods Act 1979 sets out the requirements of delivery and payment. Which comes first?

The buyer's obligation to pay always comes before the seller's obligation to deliver.

Where the buyer is a consumer, payment and delivery are concurrent conditions. Where the buyer is not a consumer, the parties are free to make whatever arrangements they wish.

They are concurrent conditions unless the parties have agreed otherwise.

Whichever is reasonable in all the circumstances.

. Where is the correct place of delivery of the goods?

Wherever the contract specifies

Wherever is reasonable in all of the circumstances of the case

Unless agreed otherwise, the buyer's place of business if he has one, and if not, his residence. But, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.

Unless agreed otherwise, the seller's place of business if he has one, and if not, his residence. But, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.

. 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.

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

He must reject them.

He must accept them.

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

He must accept the correct quantity and reject the remainder.

He may either accept the correct quantity and reject the remainder or he may reject the entire delivery.

He must accept the entire delivery.

He must reject the entire delivery.

. Is the buyer bound to accept delivery of the goods by instalments?

Yes.

Yes, provided the remainder of the goods follow within a reasonable time.

Not unless otherwise agreed.

Depends on whether the seller has sold the goods in the course of a business.

. Where the buyer has the right to refuse to accept the goods, and does refuse to accept them, what must he do with the goods?

Keep them in a safe place ready for the seller to collect

Nothing other than intimate to the seller that he refuses to accept them

Return them to the seller at his own cost

Return them to the seller at the seller's cost

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

Yes, provided the goods are specific goods

No, provided the goods are specific goods

No

Yes

. Can the price be determined by a course of dealing between the parties?

No, it must be specifically agreed

Yes

Only if the seller sells the goods in the course of a business

Only if the buyer deals as a consumer

. Unless the parties agree otherwise, which of the following is "of the essence" in respect of time?

Both delivery of the goods and payment

Delivery of the goods, payment and inspection

Payment

Delivery of the goods

Chapter 8 Multiple choice questions

Quiz Content