CMA Foundation · Fundamentals of Business Laws and Business Communication · Sale of Goods Act, 1930
Under the Sale of Goods Act, 1930, which of the following sellers is deemed to be an 'unpaid seller'?
A seller who received a cheque as conditional payment that was then dishonoured is an unpaid seller, because the condition on which the instrument was accepted was not fulfilled. The Act treats such a seller as unpaid, just as one whose price has not been paid or tendered.
- AA seller who has received the whole price in cash before delivery
- BA seller who has received a cheque as conditional payment and the cheque is dishonoured on presentationCorrect
- CA seller who has been paid part of the price and has agreed to treat it as full settlement
- DA seller who has delivered the goods and received the price through the buyer's agent
Explanation
A seller is an unpaid seller when the whole price has not been paid or tendered, or when a negotiable instrument received as conditional payment is dishonoured. The dishonoured cheque case fits the second limb. The other options involve full payment or settlement, so the seller is not unpaid.
Did you get it right without looking?
One question tells you little. A timed set on Sale of Goods Act, 1930 shows your real accuracy, how long you take and where you lose marks.
More Sale of Goods Act, 1930 questions
- Ritu Enterprises agrees to sell 500 kg of wheat out of a larger heap in its godown, without identifying which wheat. Later, 500 kg in a deli…
- Rao agreed to sell a specific second-hand lorry to Iqbal. Before the risk passed to Iqbal, and without fault of either party, the lorry was …
- In an auction, the notice of sale states that the seller reserves the right to bid. Which statement is correct under the Sale of Goods Act, …
- Under the Sale of Goods Act, 1930, unless the parties have agreed otherwise, delivery of the goods and payment of the price are:
- Sharma Traders puts up 10 lots of old furniture for auction without notifying any reserved right to bid. The seller secretly arranges a frie…
- Gupta Brothers contracted on 5 March to sell a specific consignment of 200 bags of basmati rice stored in a godown. Unknown to the seller, t…