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Baskind: Commercial Law Concentrate 3e

Diagnostic test

Instructions

Answer the following questions and then press 'Submit' to get your score.

Question 1

Chapter 1. With a contract of sale, when will the property in the goods be transferred from the seller to the buyer?

Question 2

Chapter 1. What is meant by the term "specific goods"?

Question 3

Chapter 2. The seller must either own the goods or at least acquire title in them before transferring them to the buyer. True or False?

Question 4

Chapter 2. Why were the sellers in Niblett Ltd v Confectioners' Materials Co Ltd [1921] 3 KB 387 in breach of section 12(1) of the Sale of Goods Act 1979?

Question 5

Chapter 3. What is the primary rule for deciding when property in specific or ascertained goods will transfer to the buyer?

Question 6

Chapter 3. In the case of the transfer of property in unascertained goods, it doesn't matter in which order the statutory rules are applied provided they are applied correctly. Is this statement correct?

Question 7

Chapter 4. In Tatung (UK) Ltd v Galex Telesure Ltd (1989) 5 BCC 325, on what ground did Phillips J suggest that Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd [1976] 1 WLR 676 was wrongly decided?

Question 8

Chapter 4. Why did the retention of title clause in Re Peachdart Ltd [1984] Ch 131 fail?

Question 9

Chapter 5. Are core terms covered by the Unfair Terms in Consumer Contracts Regulations 1999?

Question 10

Chapter 5. What is the effect of a term being judged unfair under the Unfair Terms in Consumer Contracts Regulations 1999?

Question 11

Chapter 6. As section 7 of the Sale of Goods Act 1979 is similar to the common-law rules on frustration, does the Law Reform (Frustrated Contracts) Act 1943 apply to such cases?

Question 12

Chapter 6. Which one of the following statements is correct?

Question 13

Chapter 7. What is a mercantile agent?

Question 14

Chapter 7. Upon which party is the burden of proving whether or not the third party purchaser acted in good faith?

Question 15

Chapter 8. Section 28 of the Sale of Gods Act 1979 sets out the requirements of delivery and payment. Which comes first?

Question 16

Chapter 8. Where is the correct place of delivery of the goods?

Question 17

Chapter 9. If the goods are already in transit, what practical steps can the seller take to prevent their delivery?

Question 18

Chapter 9. Apart from an action for the price, what other remedy does the unpaid seller have against the buyer for breach of contract?

Question 19

Chapter 10. Which one of the following statements is correct in relation to the Sale and Supply of Goods to Consumers Regulations 2002?

Question 20

Chapter 10. In what circumstances will section 48A of the Sale of Goods Act 1979 apply?

Question 21

Chapter 11. Does the Consumer Credit Act 1974 apply to parties who are provided with credit in the course of a business?

Question 22

Chapter 11. Which one of the following statements is correct as to which of the Consumer Credit Acts of 1974 and 2006 are in force today?

Question 23

Chapter 12. There was no question of actual authority arising in Watteau v Fenwick [1893] 1 QB 346 because the agent had been forbidden to do the act in question. But, why was there no apparent authority?

Question 24

Chapter 12. Which one of the following conditions is not a requirement for an agency of necessity?

Question 25

Chapter 13. Where the agent is acting on behalf of a disclosed principal and the third party settles with the agent, will he be deemed to have settled with the principal?

Question 26

Chapter 13. Where the third party settles with an undisclosed agent, will he be deemed to have settled with the principal?