Chapter 16 Self-test questions

. In which of the following circumstances is the seller unpaid?

When the whole of the price has not been paid

When the whole of the price has not been paid or tendered

When the whole of the price has not been tendered

When any part of the price has not been paid

. Which of the following is a real (as opposed to a personal) remedy?

Unpaid seller's lien

Action for the price

Damages for non-acceptance of the goods

Claims for interest

. In which of the following circumstances will the unpaid seller's lien not be available?

Where the goods have been sold without any stipulation as to credit

Where the goods have been sold on credit but the term of credit has expired

Where the buyer becomes insolvent and the seller is still in possession of the goods

Where the buyer becomes insolvent but the seller has already delivered the goods to him

. Is the remedy of stoppage in transit available to an unpaid seller after the property in the goods has already passed to the buyer?

No

Yes

. Is the remedy of an action for the price available to an unpaid seller only where the property in the goods has passed the buyer?

Yes, unless the price is payable on a 'day certain irrespective of delivery'

No

. When can a seller maintain an action against a buyer for non-acceptance of the goods?

Where the buyer wrongfully neglects or refuses to pay for the goods.

Where the buyer wrongfully neglects or refuses to accept the goods.

Where the buyer refuses to accept and pay for the goods.

Where the buyer wrongfully neglects or refuses to accept and pay for the goods.

. What is the correct measure of damages under section 50(2) of the Sale of Goods Act 1979?

The estimated loss directly resulting from the buyer's breach of contract.

The substantiated loss directly resulting from the buyer's breach of contract.

The estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.

The substantiated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.

. What is the correct measure of damages in a case where there exists an available market for the goods in question?

The measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted or (if no time was fixed for acceptance) at the time of the refusal to accept.

The measure of damages is prima facie to be ascertained by reference to the contract price.

The measure of damages is prima facie to be ascertained by the the market or current price at the time or times when the goods ought to have been accepted or (if no time was fixed for acceptance) at the time of the refusal to accept.

The measure of damages is to be determined by the trial judge taking account only of the loss sustained by either of the parties.

. What is the effect of section 37 of the Sale of Goods Act 1979?

It provides an alternative claim in respect of any loss he has sustained following the buyer's failure or refusal to take delivery of the goods.

It provides an additional claim in respect of any loss he has sustained following the buyer's failure or refusal to take delivery of the goods.

. What is the effect of section 54 of the Sale of Goods Act 1979?

It provides an alternative claim to recover interest or claim special damages based on the loss arising from any special circumstances of which the parties were aware at the time the contract was made.

It provides an additional claim to recover interest or claim special damages based on the loss arising from any special circumstances of which the parties were aware at the time the contract was made.

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