UPSC Mains Law Paper Topic : Sale of Goods & Hire Purchase
- B creating an impression that he is a creditworthy person purchased a car from A by handing over a cheque for the price of the car. Having taken possession of the car he sold it to C. The cheque was dishonoured. A seeks to recover the car from C. Will he succeed? (93/II/3b/30)
- The notion of ‘transit’ is both a matter of a fact as well as of law as regards stoppage in transit by an unpaid seller.” Examine this statement and refer to case - law. (94/II/8a/30)
- Examine the correctness of the following statements : (95/II/8a/30) (i) “In the absence of express agreement the seller of goods is bound to answer for his title.” 77 (Main) Law—Topic Wise Paper (ii) “A person cannot make a contract to purchase his own goods.”
- Risk follows the owner’ is an established rule in sale of goods.” Examine. (96/II/5d/20)
- “The cost, insurance and freight (C.I.F.) contract is not a contract of sale of goods but a contract of sale of documents relating to goods.” Examine. (97/II/ 5b/ 20)
- Do you find any areas of conflict between the Indian Sale of Good Act and the Consumer Protection Act? Critically review the areas and suggest how you would like to resolve the conflict. (98/II/8/60)
- “Hire purchase’ does not have any legal regulation in India,” Critically examine the statement. (98/II/5a/20)
- What is the rule of caveat emptor? Explain the exceptions to this rule. (99/II/5c/20)
- What is passing of the property where the goods are unascertainable? (00/II/8a(ii)/15)
- Explain how far the rule of Caveat Emptor has undergone changes especially after passing the Consumer Protection Act. (00/II/5d(i)/10)
- A’ sold 100 bales of cotton to ‘B’ for a sum of Rs. 50,000. ‘A’ had not received the payment of the price but he sent the railway receipt to ‘B’ without reserving his right of disposal. ‘B’ immediately endorsed the railway receipt to ‘C, a bonafide purchaser for value. ‘B’ became insolvent before the goods could reach their destination. ‘A’ exercised his rights of stoppage of goods in transit. Discuss the title of ‘C over the goods. (01/II/6b/30)
- There are definite rules for ascertaining the intention of the parties as to time when the property in the specific goods is to pass to the buyer.” Discuss. (01/ II/5c/20)
- How do you distinguish the nature and features of the following transactions? (02/II/6a/30) (i) A agree to buy a motor-cycle from M/ s Eastern Traders on terms that on delivery of the motorcycle to A, A will pay the price in instalments along with interest for the motor-cycle in 24 monthly instalments. (ii) M/s Eastern Traders agrees to give possession of a motorcycle to A on terms that A would pay down Rs. 5,000 and thereafter Rupees Three Thousand every month for 12 months. After the payment of all instalments only the vehicle would be registered in the name of A.
- ‘A’ makes an offer to purchase goods in possession of ‘B’ who is the agent of ‘C but who has no authority to make any contract of sale. The offer is accepted by ‘B’ on behalf of ‘C. ‘B’ writes to ‘C for ratification of the contract Before the ratification ‘A’ withdraws the offer, ‘C ratifies the contract made by ‘B’. Has the contract come into existence in this case? If ‘B’ repudiates the contract before ‘C comes to know of it, and subsequently ‘C ratifies the contract and sues to enforce it, what will be the consequences? (03/II/6b/30)
- “The right of stoppage of goods in transit is the rule of natural justice and is recognised in sale of goods”. Discuss. (03/II/5d/20)
- A offers to sell his machinery to ‘B’ for a fixed price. ‘B’ agrees to buy the same subject to the condition that ‘A’ should get it repaired in order to put it into its running condition. ‘A’ replies that ‘B’ should himself get the machinery (Main) Law—Topic Wise Paper 78 repaired and pay him the agreed price less the actual cost of repairs. While being repaired, the machinery is destroyed without any fault of the mechanic. ‘A’ uses ‘B’ for the price of the machinery. Will he succeed? (03/II/7b/30)
- Critically examine the principle of Caveat Emptor, highlighting its exceptions in the light of statutory provisions and judicial pronouncements. (04/II/7a/30)
- “The contract of sale is consensual and bilateral.” Discuss. How does Sale differ from Hire Purchase Agreement? (04/II/5c/20)
- A sells his motor car to B, one cylinder of which is slightly cracked to A’s knowledge. B examined the car but failed to detect the time of purchasing the car. Later on, the defect comes to the knowledge of B. Can he rescind the sale and get back the price paid by him? (05/II/7b/30)
- Define and distinguish between a ‘Condition’ and a ‘Warranty’. Under what circumstances can a breach of condition be treated as a breach of warranty? (05/II/7a/30)
- Discuss the essentials of hire-purchase agreement. (06/II/8b(ii)/15)
- “If you contract to sell peas, you cannot oblige a party to take beans. If the description of the article tendered is different in any respect it is not the article bargained for, and the other party is not bound to take it.” Comment. (06/II/8a/30)
- Discuss the rights of ‘unpaid seller’ against the goods as described under the Sale of Goods Act, 1930. (07/II/7b/30)
- The general rules as regards to transfer of title is “nemo dat quod non habet” (No one can give or transfer what he does not himself possess). Critically examine the rule highlighting its exceptions in the light of statutory provisions. (07/II/6a/30)
- “The rule of Caveat Emptor does not mean that’ the buyer must take a chance, it means that the buyer must take care.” Explain with exceptions, if any. (08/II/5d/20)
- Distinguish between the following, citing relevant provisions/case laws : ‘Sale’ and ‘hire purchase’ agreement. (09/II/8c/20)
