Chapter 13 Self-test questions

. Which of the following is correct?

Section 7 of the Sale of Goods Act 1979 replaces section 6 of the same Act

Section 7 of the Sale of Goods Act 1979 replaces section 6 of the same Act but only in relation to consumer contracts

Sections 6 and 7 of the Sale of Goods Act 1979 have been repealed

Sections 6 and 7 of the Sale of Goods Act 1979 are in force and operate independently of each other

. Goods will be deemed to have perished for the purposes of sections 6 and 7 of the Sale of Goods Act 1979 in which of the following circumstances?

Only when they cease to exist

Only when they have been destroyed

Only when they have been destroyed either physically or for commercial purposes

When they have been destroyed, either physically or for commercial purposes, or when they become significantly altered so that for commercial purposes they are no longer the same goods that were the subject of the contract, or so damaged that they are different from the goods the parties had contracted for, or where they have been irretrievably lost due to theft

. Which one of the following statements is correct in relation to a partial loss of the goods?

They will always be deemed to have perished for the purpose of section 6 of the Sale of Goods Act 1979

They will never be deemed to have perished for the purpose of section 6 of the Sale of Goods Act 1979

They may be deemed to have perished for the purpose of section 6 of the Sale of Goods Act 1979

. Which of the following represents a correct understanding of section 7 of the Sale of Goods Act 1979?

It is the statutory equivalent of frustration at common law

It is similar, but not identical, to frustration at common law

It applies only when the goods perish before the contract is made

. What was the basis for the decision in Couturier v Hastie (1856) 5 HL Cas 673?

A buyer is not generally obliged to pay the price if the seller is unable to deliver the goods

As the goods perished the contract was declared void

As the goods perished the contract was held to be voidable

The delivery of the goods was late first, entitling the buyer to reject them

. Which of the following represents a correct understanding of section 6 of the Sale of Goods Act 1979?

It applies only in cases where the seller sells the goods in the course of a business and then only to a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made.

It applies only to a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made.

It applies only to a contract for the sale of specific goods, and the goods without the knowledge of the buyer have perished at the time when the contract is made.

It applies only to a contract for the sale of specific goods, and the goods without the knowledge of either party have perished at the time when the contract is made.

. What definition is given to the word "perish" in the Sale of Goods Act 1979.

Goods that have been destroyed.

Goods that can no longer be put to their intended use.

"Perish" is not defined in the Act.

Goods that have perished for all commercial purposes.

. Can section 6 of the Sale of Goods Act 1979 apply to unascertained goods?

Yes.

Depends on the facts of the case.

No.

Only if the parties agree.

. Which of the following statements is correct?

Section 6 of the Sale of Goods Act 1979 will be applied irrespective of any agreement made by the parties to the contrary.

Section 6 of the Sale of Goods Act 1979 is likely to be applied only in the absence of an agreement made by the parties to the contrary.

. What is a 'spes'?

Short for specification. It is the detailed specification given by the buyer for which the seller needs to perform.

The detailed specification that is needed before section 13 of the SGA 1979 (sale by description) will apply.

Where the parties to a contract agree that the buyer acquires no more than a mere expectation or chance in a venture, hoping that the goods do in fact exist. If they do, then the buyer acquires title in them.

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