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WorksheetsSOGA IBL 2-12
Total questions: 60
Worksheet time: 48mins
When buyer does not pay the price of the goods the seller known as the unpaid seller
True
False
If the seller breached the contract the buyer has no right to reject the goods and claim damages
True
False
The contracting parties in sale of goods known as
offeror and offeree
agent and principle
seller and buyer
Who is buyer?
a person who buys or agrees to buy goods.
a person who is still negotiating
a person who offers to sell goods
a person who is disagree to buy goods
With a contract of sale, when will the property in the goods be transferred from the seller to the buyer?
As soon as the goods have been paid for
As soon as the goods have been delivered
As soon as the contract is made
As soon as possible
The maxim 'caveat emptor' means...
this is not my caveat
let buyer beware
no one can give a better title than what themselves have
let the seller aware
The following are remedies available to an unpaid seller EXCEPT ...
right of lien
right to resell the goods
right of stoppage in transit of the goods
right of specific performance
The meaning of the maxim 'nemo dat quad non habet' is ...
let the buyer beware
a seller must sell goods at a reasonable price
no one can give a better title that the owner has
the buyer is always right
Which of the following fits the category of “goods” according to section 2 of the Sales of Goods Act 1957?
movable property
immovable property
money
right to claim
The followings are goods define under section 2 of the Sale of Goods Act 1957, except ____
100 shares of Duit Sdn. Bhd.
A villa house in Kuching.
a television.
a mattress
According to section 6 of the Sale of Goods Act 1957, goods can be divided into:
I. existing goods.
II. future goods.
III. expected goods.
IV. identified goods.
I and II
I, II and III
II and III
II, III and IV
An agreement to sell a car yet to be manufactured by the seller is a sale of _____
future goods
specific goods
existing goods
second hand goods
This is an example of ...
movable property
growing crops
things attached/forming part of the land
immovable property
This is a .......
movable property
immovable property
things attached/formed part of the land
stock
This is a ..........
movable goods
immovable property
things attached/formed part of the land
shares
•Already owned/ possessed by the seller.
May be specified/ agreed upon at the time contract is made
existing goods
specific goods
future goods
unascertained goods
•Goods not identified & agreed upon at the time a contract of sale is made.
•Goods identified by description only.
unascertained goods
specific goods
existing goods
future goods
A new proton X90. This is an example of .....
existing goods
future goods
specific goods
unascertained goods
What is an express term in a contract for the sale of goods?
A term implied by law
A term that is specifically stated in the contract
A term that is assumed but not written
A term related to warranty
Under Section 14(a) of SOGA, what is implied about the seller's rights?
The seller has the right to transfer a defective title
The seller has no obligation to transfer the goods
The seller has a right to sell the goods
The seller must provide a warranty
Which section of SOGA discusses the implied warranty of quiet possession?
Section 14(a)
Section 14(b)
Section 15
Section 16(a)
What does Section 15 of SOGA imply about goods sold by description?
The goods must be of the highest quality
The goods must correspond with the description
The goods must be delivered on time
The goods must be free of any defects
According to Section 16(a) of SOGA, what must goods be when bought for a specific purpose?
The cheapest available
Reasonably fit for the purpose it is bought
Inspected by a third party
Covered by a warranty
What is an implied warranty under Section 14(b) regarding quiet possession?
The buyer has the right to return the goods if not satisfied
The buyer will enjoy possession of the goods without disturbance from third parties
The seller can reclaim the goods if the buyer defaults
The buyer must insure the goods
What does Section 16(b) of SOGA state about the quality of goods?
Goods must be the highest grade available
Goods must be of merchantable quality
Goods must be delivered with a warranty
Goods must be inspected by the buyer
What does Section 14(c) provide as an implied warranty?
When goods are free from any charge or encumbrance in favour of any third party
When goods are of exceptional quality
When goods are delivered on time
When goods are the cheapest option available
What legal remedy does a buyer have if there is a breach of the implied warranty of quiet possession?
Demand a new product
Claim for damages
Terminate the contract without conditions
None of the above
What is the significance of Section 17(2)(a) in a sale by sample under SOGA?
The bulk must correspond with the sample in price
The bulk must correspond with the sample in quality
The seller can provide a different sample upon request
The buyer can return the goods for any reason
In the case of Public Bank Bhd v Mahacity Sdn Bhd & Anor [2016], what was the primary issue regarding the sale of the excavator?
The excavator was delivered late
The dealer breached the implied condition that it had the right to sell the excavator
The excavator was not of merchantable quality
The buyer did not pay the full price
If a buyer purchases a car that turns out to be stolen, which section of SOGA might the buyer rely on to claim a refund?
Section 15
Section 14(a)
Section 16(b)
Section 14(b)
What is the implication of the "nemo dat rule" in a sale of goods context?
The seller can transfer any rights to the goods
The buyer gains the same rights as the seller had to the goods
The buyer always gets a better title than the seller
The seller can sell goods without ownership
How does Section 16(1)(a) modify the "caveat emptor" rule?
It always favors the buyer
It removes all risks for the buyer
It implies a condition when the buyer relies on the seller's skill or judgment
It imposes a strict liability on the seller
In a contract involving the sale by description and sample, what happens if the goods match the sample but not the description?
The buyer must accept the goods
The buyer can reject the goods
The seller can demand full payment
The contract is automatically void
Under which circumstance can a buyer rely on Section 16(1)(b) of SOGA regarding merchantable quality?
If the goods are bought after examining the goods closely
If the goods are bought by description and have hidden defects
If the goods are sold below market price
If the goods are handmade
What does "merchantable quality" mean in the context of Section 16(1)(b) of SOGA?
The goods must be the cheapest available
The goods must meet a standard a reasonable person would regard as acceptable
The goods must be perfect and flawless
The goods must come with a warranty
Which of the following is considered as the goods under SOGA 1957?
Money
Tables
Land
A breach of warranty gives rise to a claim of ...
lien
damages
consideration
estoppel
The maxim 'caveat emptor' means...
this is not my caveat
let buyer beware
no one can give a better title than what themselves have
let the seller aware
Which of the following is not an exception to 'nemo dat quad non habet' rule?
sale by estoppel
sale by one-joint owners
sale by a mercantile agent
sale by void contract
Before property passes to the buyer, the goods remain at the seller risk
True
False
Which of the following are NOT "goods" under the Sales of Goods Act 1957?
shares
motorcar
land
stock
The essential difference between a sale of goods and a barter trade is the
capacity of the purchaser
seller's title over goods
price of the goods
the buyer's ownership over the goods
Qairy bought some fried noodle from Special Noodle Restaurant. He was then hospitalised for food poisoning, after consuming the noodles. In this situation,
Special Noodles Restaurant was in breach of implied warranty as to description
Qairy can only sue the restaurant for damages
Special Noodles Restaurant was in breach of implied warranty as to merchantable quality
Special Noodles Restaurant was in breach of implied condition as to merchantable quality
The contracting parties in sale of goods known as
offeror and offeree
agent and principle
seller and buyer
What is meant by the term "specific goods"?
Specific goods are goods that are identified and agreed upon at the time a contract of sale is made.
Specific goods are goods that have been specifically made to fulfil the buyer's order
Specific goods are goods that have a specific (rather than a general) use
Specific goods are goods that the seller has had to order specifically for the buyer
What are "existing goods"?
Existing goods are goods that the seller has left over from a previous sale.
Existing goods are goods that are either owned or possessed by the seller.
Existing goods are goods that the seller knows exist but needs to order them specifically for the buyer.
Existing goods are goods that have already been manufactured and therefore exist.
What are "future goods"?
Future goods are goods that the seller needs to order specifically to fulfil the contract of sale.
Future goods are goods that the buyer does not take with him/her at the time of purchase but are to be delivered at a future time
Future goods are goods to be manufactured or acquired by the seller after the making of the contract of sale.
Future goods are goods sold on credit which the buyer can pay for in the future
X goes to a Proton car showroom where 10 Proton cars have been displayed. Here the 10 cars will be classified as
Unascertained goods
Ascertained goods
Existing goods
X brought a reaping machine from Y who described it to be one year old and used only to cut 50 to 60 acres but X found that the machine did not correspond to the description by the seller.
X was entitled to reject
X was entitled to reject because it did not correspond to the description given by the seller
X was not entitled to reject
None of the above
X brought from Y certain quantity of worsted coating equal to sample. The coating was equal to sample but due to a latent defect the cloth was found to be unfit for making coats. Can X the buyer reject the goods?
The buyer X was not entitled to reject the goods
The buyer X was entitled to reject the goods
The buyer was entitled to reject the goods because it did not correspond to the sample
The buyer was entitled to reject the goods because the defect contained in the sample was not apparent on reasonable examination of the sample.
Which type of contract would be considered a contract for the sale of goods?
A contract for the supply and installation of curtains
A contract for painting a portrait
A contract for printing special design debentures
A contract for a chattel to be made and delivered
What does the term "goods" as defined in the Sale of Goods Act 1957 exclude?
Selling and buying of automobile
Money exchange
Fruit picking
Purchasing airconditioner
In the case of computer software, is it typically considered "goods" under the Sale of Goods Act?
Yes, always
No, never
It depends on the physical form and the context of the sale
Software is covered by a separate legal framework
