Chapter 14 Self-test questions

. Which of the following statements is correct?

The buyer must pay for the goods before delivery

The buyer must agree to pay for the goods before delivery

The buyer must either pay for the goods before delivery or agree credit terms with the seller

Payment and delivery are concurrent conditions

. Which of the following statements is correct in respect of the place for delivery of the goods?

Either where the parties have agreed or, in the absence of agreement, the seller's place of business

Either where the parties have agreed or, in the absence of agreement, the buyer's place of business

Where the contract provides

Where the contract provides or any place deemed reasonable by the parties

. Which of the following statements is correct in respect of the time for delivery of the goods?

This differs between a consumer contract and a commercial contract

It must be expressed in the contract of sale

If it is not expressed in the contract of sale it will be 'a reasonable time'

Time is always of the essence

Time is never of the essence

. Which of the following statements is correct in relation to time for delivery of the goods in consumer contracts?

It can never be of the essence

It will not be of the essence unless a date for delivery has been agreed

It will not be of the essence unless a date for delivery has been agreed and is construed as a condition of the contract

It will always be of the essence

. Which of the following is correct in relation to the decision in Shipton, Anderson & Co v Weil Bros & Co [1912] 1 KB 574 (KB)?

It has been overruled by statute

It has been put into statutory form

It has been overruled by common law

It is no longer relevant because of the Sale and Supply of Goods to Consumers Regulations 2002

. Which of the following statements correctly sets out the position for a case where the seller delivers to the buyer a quantity of goods larger than he contracted to sell?

The buyer may accept the goods included in the contract and reject the rest but je may not reject the whole.

The buyer may accept the goods included in the contract and reject the rest, or he may reject the whole.

The buyer must accept the goods but only needs to pay for the quantity that he agreed to purchase.

It depends on the terms of the contract between the seller and the buyer.

. Which of the following statements correctly sets out the position for a case where the seller delivers to the buyer a quantity of goods less than he contracted to sell?

The buyer must pay for the goods actually delivered.

The buyer may reject the goods, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.

The buyer must pay for the goods actually delivered but need not accept the balance at a later date.

The buyer must pay for the goods actually delivered and then must accept the balance at a later date.

. Which of the following statements correctly sets out the position for a case where the trader delivers to the consumer buyer a quantity of goods less than he contracted to supply?

The consumer must reject them.

The consumer must accept them.

It depends on whether the seller sells the goods in the course of his business.

The consumer may choose to reject them or to accept them. If the consumer chooses the latter he must pay for them at the contract rate.

. Which of the following statements correctly sets out the position for a case where the trader delivers to the consumer buyer a quantity of goods larger than he contracted to supply?

The consumer must reject them.

The consumer must accept them.

The consumer may choose to accept only the contracted quantity and reject the remainder or he may choose to reject the entirety of the goods. If the consumer decides to accept all of the goods, he must pay for them at the contract rate.

It depends on whether the seller sells the goods in the course of his business.

. Which of the following statements is correct in respect of delivery of goods by instalments?

Unless otherwise agreed, the buyer of goods is not bound to accept delivery by instalments.

Irrespective of what the parties have agreed, the buyer of goods is not bound to accept delivery by instalments

The buyer may accept the goods by instalments but if he does the seller must reduce the contract price.

The buyer may accept the goods by instalments but only if the seller has not inserted a retention of title clause into the contract of sale.

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