Test: Conditions And Warranties- 1 - CA Foundation MCQ

Express warranty 

Implied warranty 

Implied condition 

Express condition 

Has to pay the price

Can claim only damages

Can refuse to accept the goods

Cannot refuse to accept the goods

Priest vs. Last 

Folkes vs. King 

Frost vs. Aylesbury Dairy Company 

Jones vs. Just 

The lady has no remedy against the seller as the doctrine of ‘Caveat Emptor’ applies 

She can avoid the contract as there is breach of condition as to quality 

The contract is voidable on the ground of fraud 

None 

Reject goods 

Treat the contract as repudiated 

Claim new goods 

Claim damages but not a right to reject the goods and treat the contract as repudiated 

Yes for cheating 

Yes, trial period should be given 

No, mere expression of opinion 

None of these 

Condition as to quality and fitness. 

Sale by description. 

Sale by description and sample. 

All of (a), (b) & (c) above. 

Yes, conditions as to merchantability.

Yes, warranty as to disclosure of dangerous nature of goods

Yes, warranty as to quality or fitness by usage of trade

Yes, condition as to quality or fitness

To be careful while making a purchase.

To depend on representation made by seller.

To warn a seller not to sell any fake goods.

Not to make any advance payment.

Conditions as to title 

Condition in case of sale by description 

Condition in case of sale by sample 

All of these 

Breach of express condition as to quality 

Breach of implied condition as to quality 

Personal injury caused to the Buyer’s wife 

Hot water bottle sales are illegal 

Warranty 

Condition 

Both of these

None of these.

Condition

Warranty 

Any of the above

None of the above 

There is an usage of trade. 

Goods have latent defects

Contract is induced by fraud

In all the above situations. 

Shall correspond with the sample 

Correspond with both the sample as well as description 

Shall correspond with the description and need not correspond with the sample 

Shall correspond with the sample and may or may not correspond with the descriptions 

Implied condition 

Implied warranty 

Both (a) and (b)

Neither (a) nor (b)

That the goods are free from latent defects 

That the goods are marketable at their full value 

That the goods can be used for the purpose for which they are bought by prudent persons 

All of these 

Fitness for buyer’s purpose

Sale under a patent or trade name

Usage of trade or consent by fraud

All of these

There is no implied warranty or condition as to quality or fitness of the goods 

The buyer discloses to the seller the particular purpose for which goods are required 

Goods are bought by sample as well as description 

The seller sells the goods by making fraud and the buyer believes it.

Diminution or extinction of price

Refusal to pay the price of goods

Suit for loss exceeding price of good

All of the above

Essential to the main purpose of the contract.

Collateral to the main purpose of the contract.

Desirable to the main purpose of the contract.

Essential and collateral to the main purpose of the contract.

Express Conditions 

Qualified Conditions 

Implied Conditions 

Unqualified Conditions

Let the Seller beware 

Let the Buyer beware 

Both 

Let the Agent beware 

Yes, breach of condition as to wholesomeness 

Yes, conditions as to merchantability 

No, A never knew himself 

No, B should have seen it 

Warranty 

Condition

Both

None

The buyer has expressly told the seller the purpose for which he requires the goods.

The sale is of a specified article under its patent

Where the goods is of merchantable quality and the buyer has examined the goods.

In none of the above cases

An implied warranty 

An express warranty 

No implied warranty 

No express warranty 

Not essential to the main purpose of the contract 

A stipulation essential to the main purpose o the contract 

 It does not goes to the root of the transaction

None of these 

Goods are free from latent defects

Goods are marketable at their full value 

Goods can be used for the purpose for which those are purchased

All of the above

Yes – breach of condition as to wholesomeness 

Yes – conditions as to merchantability 

No – Y never knew himself 

No – X should have seen it