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
151
Under the Sale of Goods Act, how is an unpaid seller defined?
Answer:
Both A and B
An unpaid seller is one who has not received the full price of the goods sold. This includes situations where the price has not been paid or where the buyer has merely tendered the price but it has not been accepted or realized. If the price is fully paid or validly tendered, the seller is no longer considered 'unpaid'.
152
Which of the following characteristics describes a warranty in a contract of sale?
Answer:
In case of breach, the aggrieved party can claim only damages
A warranty is a stipulation collateral to the main purpose of a contract, the breach of which gives rise to a claim for damages but not a right to reject the goods or treat the contract as repudiated. This distinguishes it from a condition, which is essential to the main purpose of the contract and allows for repudiation upon breach.
153
What is the legal definition of the 'right of stoppage in transit' for a seller?
Answer:
on the way to buyer's place
The right of stoppage in transit allows an unpaid seller to regain possession of goods while they are in transit to the buyer, provided the buyer has become insolvent. The goods are considered 'in transit' from the time they are delivered to a carrier for the purpose of transmission to the buyer until the buyer or their agent takes delivery.
154
Which of the following legal remedies is available to an unpaid seller against the buyer?
Answer:
Both A and B
An unpaid seller has several rights under the Sale of Goods Act. If the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay, the seller can file a suit for the price. Additionally, the seller may also claim interest on the unpaid amount if agreed upon or as per legal provisions.
155
Which form of intellectual property protection should a company utilize to prevent competitors from copying a newly developed technology?
Answer:
Patents
Patents provide legal protection for inventions, granting the inventor exclusive rights to use, manufacture, or sell the technology for a specified period. This prevents unauthorized parties from exploiting the innovation, thereby allowing the company to recoup its research and development costs and maintain a competitive advantage in the market.
156
Which of the following is NOT a primary objective of the Competition Act, 2002?
Answer:
Prohibition of Restrictive Trade Practices
The Competition Act, 2002, was enacted to prevent practices having an appreciable adverse effect on competition. While it addresses anti-competitive agreements, abuse of dominant position, and regulation of combinations (mergers/acquisitions), the term 'Restrictive Trade Practices' was specifically associated with the repealed MRTP Act, 1969, rather than the core objectives of the 2002 Act.
157
Which of the following elements are essential components of a contract of sale under the Sale of Goods Act?
Answer:
All of the above
A contract of sale is defined as a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. Therefore, the existence of goods, the transfer of ownership (property), and a monetary consideration (price) are all fundamental requirements for a valid contract of sale.
158
Which section of the Sale of Goods Act, 1930, provides the definition for a contract of sale?
Answer:
Section 4
Section 4 of the Sale of Goods Act, 1930, defines a contract of sale as a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.
159
What is the legal implication of the 'Doctrine of Caveat Emptor'?
Answer:
buyer should be beware of all aspects of buying
The Latin phrase 'Caveat Emptor' translates to 'let the buyer beware.' It is a principle in commercial law stating that the buyer is responsible for checking the quality and suitability of goods before making a purchase, and the seller is generally not liable for defects unless they committed fraud.
160
Under what circumstances is a seller entitled to exercise the right of lien over goods?
Answer:
Both A and B
The right of lien allows an unpaid seller to retain possession of goods until payment is made. This right can be exercised when goods are sold without credit terms (cash sale), when the credit period has expired, or if the buyer becomes insolvent. These conditions ensure the seller's interest is protected until the transaction is fully settled.