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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Rights of Unpaid Seller - Judiciary Exams MCQ

Test: Rights of Unpaid Seller - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Rights of Unpaid Seller

Test: Rights of Unpaid Seller for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Rights of Unpaid Seller questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Rights of Unpaid Seller MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Rights of Unpaid Seller below.
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Test: Rights of Unpaid Seller - Question 1
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What does the Sales of Goods Act, 1930 in India define an unpaid seller as?

Detailed Solution for Test: Rights of Unpaid Seller - Question 1
An unpaid seller, according to the Sales of Goods Act, 1930 in India, is defined as a seller who hasn't received the full payment for the goods they've sold. This legal definition is crucial in protecting the rights of sellers when buyers default on payment, ensuring sellers can take necessary actions to recover their dues.
Test: Rights of Unpaid Seller - Question 2
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What rights does the law grant to unpaid sellers in the Sales of Goods Act, 1930 in India?

Detailed Solution for Test: Rights of Unpaid Seller - Question 2
The Sales of Goods Act, 1930 in India grants various rights to unpaid sellers, including the right to recover the goods if the ownership hasn't passed to the buyer. This provision ensures that sellers have legal recourse to reclaim the goods in situations where full payment has not been received and ownership has not been transferred, safeguarding their interests and aiding in the recovery of their dues.
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Test: Rights of Unpaid Seller - Question 3
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How does the Sales of Goods Act, 1930 in India support unpaid sellers in recovering their dues?

Detailed Solution for Test: Rights of Unpaid Seller - Question 3
The Sales of Goods Act, 1930 in India supports unpaid sellers in recovering their dues by granting them specific legal rights and remedies. These rights empower sellers to take necessary actions within the legal framework to secure payment for the goods sold, ensuring that sellers are protected and have avenues for seeking redress in cases of non-payment by buyers.
Test: Rights of Unpaid Seller - Question 4
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In what situation can an unpaid seller exercise the right of resale under the Sales of Goods Act, 1930?
Detailed Solution for Test: Rights of Unpaid Seller - Question 4
The right of resale can be exercised by an unpaid seller when the buyer fails to pay or collect the goods within a reasonable time frame. If the buyer delays payment for an unreasonable period, the seller has the authority to resell the goods and claim damages from the original buyer for any losses incurred. This right ensures that sellers are not unduly burdened by non-payment situations and have a recourse to recover their losses.
Test: Rights of Unpaid Seller - Question 5
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What is the primary right of an unpaid seller as defined by the Sales of Goods Act, 1930, in the scenario where the buyer fails to pay for the goods purchased in full?
Detailed Solution for Test: Rights of Unpaid Seller - Question 5
The primary right of an unpaid seller, when the buyer fails to pay for the goods purchased in full, is the "Right to Stoppage in Transit." This right allows the seller to stop the delivery of the goods that are in transit and retain possession until the payment obligation is fulfilled. It serves as a crucial protection for sellers in cases of non-payment, enabling them to reclaim the goods before they reach the buyer.
Test: Rights of Unpaid Seller - Question 6
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What legal action can an unpaid seller take against the buyer for non-payment of goods as per the agreed terms, according to the Sales of Goods Act, 1930?
Detailed Solution for Test: Rights of Unpaid Seller - Question 6
The legal action that an unpaid seller can take against the buyer for non-payment of goods as per the agreed terms is the "Right to Sue for Price." This right allows the seller to initiate a lawsuit against the buyer to recover the due amount for the goods that were sold but not paid for. It serves as a formal recourse for sellers to enforce payment obligations and seek legal redress in cases of non-payment.
Test: Rights of Unpaid Seller - Question 7
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What legal right allows a seller to retain possession of goods until the buyer fulfills the payment obligation?
Detailed Solution for Test: Rights of Unpaid Seller - Question 7
The legal right that enables a seller to keep possession of goods until the buyer completes the payment is known as the "Right to Lien." This right grants the seller the authority to withhold the goods until the buyer settles the payment in full, ensuring that sellers are protected in transactions where buyers fail to meet their financial obligations.
Test: Rights of Unpaid Seller - Question 8
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In what situation can a seller take legal action against a buyer for non-payment of goods?
Detailed Solution for Test: Rights of Unpaid Seller - Question 8
The Right to Sue for Price empowers a seller to initiate legal proceedings against a buyer who refuses to pay for the goods as per the agreed terms. This legal action allows sellers to recover the due amount through the appropriate legal channels when buyers fail to fulfill their payment obligations, ensuring that sellers have recourse in cases of non-payment.
Test: Rights of Unpaid Seller - Question 9
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What legal framework primarily governs the rights of unpaid sellers in India?
Detailed Solution for Test: Rights of Unpaid Seller - Question 9
The rights of unpaid sellers in India are primarily regulated by the Sales of Goods Act, 1930. This legislation outlines the rights and responsibilities of buyers and sellers regarding the sale of goods in the country.
Test: Rights of Unpaid Seller - Question 10
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Which of the following aspects are covered by the key provisions of the Sales of Goods Act, 1930 in India?
Detailed Solution for Test: Rights of Unpaid Seller - Question 10
The key provisions of the Sales of Goods Act, 1930 in India cover various aspects of goods sale transactions, including contract formation, conditions and warranties, property transfer, contract performance, and remedies for breaches. These provisions aim to regulate and facilitate smooth commercial transactions related to the sale of goods.
Test: Rights of Unpaid Seller - Question 11
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What is the right that allows a seller to withhold goods until the full payment is received?
Detailed Solution for Test: Rights of Unpaid Seller - Question 11
The right that enables a seller to retain possession of goods until the complete payment is made is known as the "Right of Lien." This right grants sellers the authority to keep hold of the goods until the buyer settles the total amount owed. It acts as a form of security for the seller to ensure full payment is received before releasing the goods to the buyer.
Test: Rights of Unpaid Seller - Question 12
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In what situation can a seller legally sue a buyer for non-payment even if the property transfer hasn't taken place?
Detailed Solution for Test: Rights of Unpaid Seller - Question 12
The right for a seller to sue a buyer for non-payment, even when the property transfer hasn't been completed, arises when the buyer fails to make the payment within a reasonable timeframe. This right allows sellers to take legal action against buyers who do not fulfill their payment obligations promptly, especially in cases involving insolvency or a direct refusal to pay.
Test: Rights of Unpaid Seller - Question 13
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What right allows a seller to cancel a contract, claim damages, and retain advance payments in scenarios of buyer insolvency prior to delivery?
Detailed Solution for Test: Rights of Unpaid Seller - Question 13
The "Right to Rescind the Contract" empowers sellers to cancel a contract, demand damages, and retain any advance payments made by the buyer in situations where the buyer becomes insolvent before the delivery of goods. This right aims to protect sellers in cases where the buyer's insolvency jeopardizes the completion of the transaction.
Test: Rights of Unpaid Seller - Question 14
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Stoppage in transit, a legal mechanism allowing sellers to halt goods in transit upon buyer insolvency, is illustrated in which case?
Detailed Solution for Test: Rights of Unpaid Seller - Question 14
The scenario of stoppage in transit, where sellers can stop goods en route due to buyer insolvency, is demonstrated in the case of Great Indian Peninsula v. Hanmandas. This legal provision empowers sellers to safeguard their interests by preventing further movement of goods in specific circumstances.
Test: Rights of Unpaid Seller - Question 15
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Under what provision of the Sales of Goods Act, 1930, are sellers legally entitled to pursue buyers for payment in cases of non-compliance?
Detailed Solution for Test: Rights of Unpaid Seller - Question 15
Section 55 of the Sales of Goods Act, 1930, grants sellers the legal right to pursue buyers for payment in instances of non-compliance. This provision serves as a mechanism to enforce contractual obligations and ensure that sellers can take appropriate actions to recover dues when buyers fail to meet their payment obligations.
Test: Rights of Unpaid Seller - Question 16
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What right allows the unpaid seller to retain possession of the goods until payment is received?
Detailed Solution for Test: Rights of Unpaid Seller - Question 16
The right that permits the unpaid seller to keep possession of the goods until payment is received is known as the Right of Lien. This right empowers the seller to withhold delivery until the buyer settles the outstanding payment. It serves as a form of security for the seller in commercial transactions, ensuring that they are compensated for their goods before releasing them to the buyer.
Test: Rights of Unpaid Seller - Question 17
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If a buyer becomes insolvent, what action can the seller take regarding the goods in transit?
Detailed Solution for Test: Rights of Unpaid Seller - Question 17
In the scenario where the buyer becomes insolvent, the seller can exercise the right of Stoppage in Transit. This right allows the seller to halt the goods while they are on their way to the buyer if the buyer's financial situation deteriorates. By stopping the goods in transit, the seller aims to protect their interests and prevent potential losses due to the buyer's insolvency.
Test: Rights of Unpaid Seller - Question 18
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What remedy does the unpaid seller have if the buyer defaults and fails to make payment for received goods?
Detailed Solution for Test: Rights of Unpaid Seller - Question 18
When a buyer defaults and neglects to make payment for goods received, the unpaid seller has the right to Rescind the Contract. This remedy allows the seller to cancel the contract in cases of serious breach by the buyer, such as refusal to accept goods or failure to make timely payments. Rescinding the contract gives the seller the option to withdraw from the transaction due to the buyer's non-compliance.
Test: Rights of Unpaid Seller - Question 19
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What right allows the unpaid seller to retain possession of the goods until payment is received?
Detailed Solution for Test: Rights of Unpaid Seller - Question 19
The correct answer is Option C: Right of Lien. The right of lien permits the unpaid seller to keep possession of the goods until the payment is made. This right ensures that the seller can withhold delivery until the buyer settles the outstanding payment. It serves as a form of security for the seller in commercial transactions.
Test: Rights of Unpaid Seller - Question 20
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What is the significance of understanding the rights of an unpaid seller in commercial transactions?
Detailed Solution for Test: Rights of Unpaid Seller - Question 20
Understanding the rights of an unpaid seller in commercial transactions is crucial to maintain a balance between the interests of buyers and sellers. By knowing their rights, unpaid sellers can protect their financial interests and seek legal remedies if a buyer defaults. This knowledge empowers sellers to navigate commercial transactions effectively and ensure fairness in the exchange process.
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