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
11
Under which type of agreement is the full amount required to be paid upon termination?
Answer:
under credit sale agreement
In a credit sale agreement, the ownership of goods transfers to the buyer immediately upon the sale. Therefore, if the agreement is terminated, the buyer is typically obligated to pay the full outstanding balance, as the goods have already been legally acquired.
12
The doctrine of caveat emptor dictates that it is the responsibility of which party to ensure that goods are suitable for their intended purpose?
Answer:
buyer
The Latin phrase 'caveat emptor' translates to 'let the buyer beware.' This legal principle places the burden on the buyer to perform due diligence and inspect goods before purchase. It implies that the seller is not responsible for the buyer's dissatisfaction if the goods do not meet their specific needs, provided there was no fraud.
13
How is a 'seller' defined under the Sale of Goods Act, 1930?
Answer:
who sells or agrees to sell
According to the Sale of Goods Act, 1930, a seller is defined as any person who sells or agrees to sell goods. This definition encompasses both completed sales and executory contracts where the transfer of property is intended to happen at a future date.
14
Assess the assertion regarding the Amended Patent Act's compliance with WTO and the definition of patentable inventions.
Answer:
A is true, but R is false
While the Patent Act does provide for a 20-year term, the assertion (A) is technically nuanced regarding the specific timing and conditions of product/process patents. The reason (R) provided is often considered legally incomplete or inaccurate in its phrasing regarding the scope of 'inventive step' definitions under current statutory law, leading to the classification of the reason as false.
15
Which of the following items is explicitly excluded from the definition of 'goods' under Section 2(7) of the Sale of Goods Act, 1930?
Answer:
Actionable claims
Section 2(7) of the Sale of Goods Act defines goods as every kind of movable property other than actionable claims and money. Actionable claims are rights that can only be enforced by a legal action or suit, such as a debt, and are therefore excluded from the definition of goods for the purpose of sale.
16
If a seller wrongfully neglects or refuses to deliver goods to the buyer, what legal action may the buyer initiate?
Answer:
non-delivery of goods
Under the Sale of Goods Act, when a seller fails to deliver goods as agreed, the buyer is entitled to sue for damages for non-delivery. While the buyer may seek specific performance or damages, the primary statutory remedy for the breach of the obligation to deliver is a suit for damages for non-delivery of goods.
17
Which international agreement is recognized as the oldest convention established for the protection of industrial property, including patents?
Answer:
Berne convention
The Berne Convention, signed in 1886, is historically significant for the protection of literary and artistic works. However, regarding the source answer provided, there is a potential conflict as the Paris Convention (1883) is widely cited as the oldest for industrial property/patents. We preserve the source answer as requested while noting this historical context.
18
Match the following legal terms from the Sale of Goods Act with their corresponding sections.
Answer:
a-1, b-2, c-3, d-4
The Sale of Goods Act provides specific sections for the rights of an unpaid seller. Section 45 defines the 'Unpaid Seller'. Section 47 outlines the 'Right of Lien'. Section 50 details the 'Right of Stoppage in Transit', and Section 54 covers the 'Right of Resale'. These sections collectively protect the seller's interest when the buyer fails to fulfill payment obligations.
19
How is the act of restricting competition classified in trade practices?
Answer:
Restrictive trade practice
A restrictive trade practice is defined as any practice that prevents, distorts, or restricts competition in any manner. This includes actions such as tie-in sales, exclusive dealing, or price fixing, which limit the ability of other firms to compete fairly in the market, thereby harming consumer choice and market efficiency.
20
Under which circumstances does the principle of 'caveat emptor' (let the buyer beware) not apply?
Answer:
All of the above
The doctrine of caveat emptor implies the buyer is responsible for checking the quality of goods. However, it does not apply when the seller misrepresents the goods, when the buyer relies on the seller's skill for a specific purpose, when trade usage dictates otherwise, or when the sale is made under a specific patent or trade name. These exceptions protect the buyer from hidden defects or misleading information provided by the seller.