Commerce MCQs
Topic Notes: Commerce
MCQs and preparation resources for competitive exams, covering important concepts, past papers, and detailed explanations.
Plato
- Biography: Ancient Greek philosopher (427–347 BCE), student of Socrates and teacher of Aristotle, founder of the Academy in Athens.
- Important Ideas:
- Theory of Forms
- Philosopher-King
- Ideal State
101
Which section of the Sale of Goods Act specifically outlines the rights of an unpaid seller regarding the resale of goods?
Answer:
Section 54
Section 54 of the Sale of Goods Act provides the legal framework for an unpaid seller's right to resell goods. This right is exercisable when the goods are of a perishable nature, or when the unpaid seller gives notice to the buyer of their intention to resell, and the buyer does not pay or tender the price within a reasonable time.
102
Under the Sale of Goods Act, what are the legal rights available to an unpaid seller?
Answer:
All of the above
An unpaid seller possesses rights against the goods (such as lien, stoppage in transit, and resale) and rights against the buyer personally (such as a suit for price, damages, or interest). These rights are fundamental to protecting the seller's interest when the buyer fails to fulfill payment obligations under the contract of sale.
103
What implied warranties are associated with a contract of sale regarding the buyer's rights?
Answer:
The buyer has the right to have and enjoy the quiet possession of goods and that the goods shall be free from any charge or encumbrance
In a contract of sale, the law implies two specific warranties for the buyer: first, that the buyer shall have and enjoy quiet possession of the goods, and second, that the goods are free from any undisclosed charges or encumbrances in favor of third parties.
104
Under which of the following arrangements do goods not become the legal property of the user?
Answer:
hire
In a hire agreement, the user obtains the right to use the goods for a specific period in exchange for payment, but ownership remains with the lessor. Unlike a sale, where title transfers immediately, a hire agreement is essentially a rental contract. The user does not acquire legal title to the asset unless a specific 'hire-purchase' option is exercised and fully paid.
105
What is the legal status of a seller who has received payment via cheque, but that cheque is subsequently dishonored by the bank?
Answer:
unpaid seller
Under the Sale of Goods Act, a seller is considered an 'unpaid seller' if the whole of the price has not been paid or tendered. If payment was made by a negotiable instrument like a cheque and that instrument is dishonored, the payment is deemed ineffective, reverting the seller to the status of an unpaid seller with associated legal rights.
106
Under the Competition Act, 2002, what term describes the practice of selling goods or services below cost to eliminate competitors?
Answer:
Predatory price
Predatory pricing is an anti-competitive practice where a dominant firm sets prices below its average variable cost to drive competitors out of the market. Once competition is eliminated, the firm can raise prices to recoup losses. This practice is strictly regulated under competition laws to ensure fair market competition and protect consumer interests.
107
According to the Competition Act, which term describes an agreement that restricts a purchaser from dealing in goods other than those supplied by the seller?
Answer:
Exclusive supply agreement
An exclusive supply agreement is a restrictive trade practice where a buyer is contractually obligated to purchase goods exclusively from a specific seller, thereby preventing the buyer from acquiring similar goods from competitors. This is regulated under competition laws to ensure fair market access and prevent monopolistic behavior that could stifle competition in the supply chain.
108
What is the standard maximum duration for the right to priority in patent filing?
Answer:
One year
Under the Paris Convention for the Protection of Industrial Property, an applicant for a patent in one member country is granted a 'right of priority' for a period of 12 months (one year) to file applications in other member countries, ensuring the original filing date is preserved for novelty purposes.
109
Which of the following statements is accurate regarding commercial legislation?
Answer:
The Trade Marks Act, 1999 does not apply to services
The Trade Marks Act, 1999, was historically focused on goods, and while modern interpretations have evolved, this specific question reflects the traditional view that the Act primarily governed trademarks for goods rather than service marks. Note: This answer is provided based on the source key, though modern legal practice often recognizes service marks under the same legislative framework.
110
Which fundamental elements are necessary to establish a valid copyright for a work?
Answer:
All of the above
To qualify for copyright protection, a work must be original, meaning it was independently created by the author. It must also be fixed in a tangible medium of expression, such as writing, recording, or digital storage. Finally, copyright protects the expression of an idea rather than the idea itself, making all three elements essential requirements.