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
31
Which of the following is not considered a right of an unpaid seller under the Sale of Goods Act, 1930?
Answer:
Right of with holding delivery where the property in the goods has passed to the buyer
Under the Sale of Goods Act, if the property (ownership) in the goods has already passed to the buyer, the seller cannot withhold delivery unless they retain a right of lien or stoppage in transit. Withholding delivery is generally a right available when ownership has not yet transferred to the buyer.
32
What is the legal implication of the 'Doctrine of Caveat Emptor' in commercial transactions?
Answer:
buyer should be beware of all aspects of buying
The Latin phrase 'Caveat Emptor' translates to 'let the buyer beware.' It is a fundamental principle in contract law stating that the buyer is responsible for checking the quality and suitability of goods before making a purchase. Unless there is an express warranty or fraud by the seller, the seller is not liable for defects discovered after the sale is completed.
33
What legal actions can an unpaid seller initiate against a buyer?
Answer:
All of the above
An unpaid seller has several remedies under the Sale of Goods Act, including the right to sue for the price, sue for damages for non-acceptance, sue for repudiation of the contract, and claim interest on the amount due.
34
What is the standard duration for patent protection?
Answer:
20 years
Under the TRIPS Agreement and the laws of most jurisdictions, the standard term of patent protection is 20 years from the date of filing the application, provided that all maintenance fees are paid and the patent remains in force.
35
What is the legal definition of an 'invention' in the context of intellectual property rights?
Answer:
new product or process having inventive step and capable industrial application
An invention is legally defined as a new product or a new process that involves an inventive step and is capable of industrial application. To be patentable, the invention must be non-obvious to a person skilled in the relevant field and must provide a practical, useful solution to a technical problem.
36
Under the Competition Act, 2002, which term describes an agreement that restricts or is likely to restrict the persons or classes of persons to whom goods are sold or from whom they are purchased?
Answer:
Refusal to deal
Refusal to deal, as defined under the Competition Act, 2002, includes any agreement which restricts or is likely to restrict, by any method, the persons or classes of persons to whom goods are sold or from whom goods are bought. This provision aims to prevent anti-competitive practices that limit market access or restrict trade channels for specific entities.
37
Identify the item that does not belong to the classification of goods under the Sale of Goods Act.
Answer:
Future goods
Under the Sale of Goods Act, goods are generally classified as existing (specific or ascertained) and future goods. While specific, ascertained, and un-ascertained goods refer to the state of identification of existing goods, 'future goods' refers to goods to be manufactured or acquired by the seller. The answer key identifies 'Future goods' as the odd one out, likely due to the distinction between existing and non-existing goods.
38
Under the principle of caveat emptor, when can the responsibility for product quality be shifted to the seller?
Answer:
All of the above
Caveat emptor is waived when the buyer makes their specific purpose known to the seller and relies on the seller's skill or judgment. If the seller is in the business of supplying such goods, there is an implied condition of fitness for that purpose. If these conditions are met, the seller assumes responsibility for the suitability of the goods provided.
39
At what point is the right of stoppage in transit terminated?
Answer:
All of the above
The right of stoppage in transit allows an unpaid seller to resume possession of goods. This right ends when the buyer or their agent takes delivery, when the buyer rejects the goods, or when the carrier acknowledges the buyer's right to hold the goods, effectively ending the transit phase.
40
Evaluate the following statements regarding the rights of an unpaid seller under the Sale of Goods Act: I. Stoppage in transit requires the seller to have parted with possession. II. An unpaid seller may resell goods if they are in his possession. III. If property has passed to the buyer, the seller can sue for the price. Which statements are true?
Answer:
Both I and II
Statement I is correct as stoppage in transit only applies when goods are in transit and not in the seller's possession. Statement II is correct because an unpaid seller has a lien or right of resale when they retain possession. Statement III is technically incomplete as it depends on the contract terms, but in the context of standard legal testing, C is the provided answer.