Commercial Law revision

Question 1 of 50

2

Sale of Goods only applies to movables, not including money

Select one of the following:

True
False

Explanation

Question 2 of 50

2

Where does this judgement come from?- Where trees became movables once they were chopped down. Court said if at a certain point the property becomes movable, it is that point in which it becomes a 'good'.

Select one of the following:

Munro v Liquidator
Hughes v Pendragon
Esso Petroleum Ltd v Customs

Explanation

Question 3 of 50

2

Glynwed Distribution Ltd v S Koronaka & Co clarified that a reasonable price for the goods is what would be ❌ for the buyer to pay

Select option below to complete the highlighted text

fair and reasonable

Just and fair

proportunate

in good faith

Explanation

Question 4 of 50

2

Fill the blank space to complete the text.

Time limits are usually reserved for

Explanation

Question 5 of 50

2

Fill the blank space to complete the text.

Title is

Explanation

Question 6 of 50

2

PST Energy v OW Banker

Select one or more of the following:

If transfer is not at the heart of the contract, you are not dealing with sale of goods
It is impossible to transfer goods once they no longer exist
Where there is no ownership you cannot transfer ownership

Explanation

Question 7 of 50

2

Select from the dropdown list to complete the text.

Where there is no ownership you cannot transfer ownership - ( Wilson Imports v Advance Sport, Woodburn v Andrew, PST Energy v OW Banker, Dennant v Skinner, Varley v Whipp )

Explanation

Question 8 of 50

2

Select from the dropdown list to complete the text.

RV Ward v Bignall- ( 'unconditional contract', 'specific goods', deliverable state' ) means a scenario where there are no conditions whatsoever

Explanation

Question 9 of 50

2

Varley v Whipp concerned the issue of the sale of a reaping machine

Select one of the following:

True
False

Explanation

Question 10 of 50

2

'Deliverable state' is where the goods are in a state in which the buyer would be willing to accept them

Select one of the following:

True- Varley v Whipp
False- Varley v Whipp
True- Gowans v Bowe
False- Gowans v Bowe

Explanation

Question 11 of 50

2

Fill the blank spaces to complete the text.

Gowans v - dealing with the sale of . Once the goods had been put into a , property had passed.

Explanation

Question 12 of 50

2

RULE ONE CASES- Property will pass when contract is made

Select one or more of the following:

RV WARD V BIGNALL
VARLEY V WHIPP
GOWANS V BOWE
DENNANT V SKINNER
DEMBY HAMILTON CO LTD V BARDEN
RV WARD V BIGNALL
VARLEY V WHIPP
GOWANS V BOWE
PHILIP HEAD & SONS V SHOWFRONTS
WAIT & JAMES V MIDLAND BANK
RV WARD V BIGNALL
VARLEY V WHIPP
GOWANS V BOWE
PHILIP HEAD & SONS V SHOWFRONTS
RV WARD V BIGNALL
VARLEY V WHIPP
GOWANS V BOWE
DEMBY HAMILTON CO LTD V BARDEN
PHILIP HEAD & SONS V SHOWFRONTS
WAIT & JAMES V MIDLAND BANK

Explanation

Question 13 of 50

2

Fill the blank spaces to complete the text.

Philip Head & Sons v Showfronts- concerned sale of . The contract involved fitting and delivery. Court said it would only be in a once as very heavy and contingent on it for passing of possession

Explanation

Question 14 of 50

2

Click on the orange point and select the correct answer.

Wait & James v Midland Bank: seller wanted 500 tonnes of what which was transported with 100 tonnes- became bankrupt before separated out- court said no passing as goods had not been separated out therefore unascertained

Explanation

Question 15 of 50

2

Fill the blank spaces to complete the text.

S18 RULE 2- Where contract is , ownership will pass once the goods are in

Explanation

Question 16 of 50

2

Lord Eldon v Hedley Bros- Property passed once goods had been weighed and the price had been ascertained. Which rule does this case apply to?

Select one or more of the following:

RULE 1
RULE 2
RULE 3
RULE 4
RULE 5

Explanation

Question 17 of 50

2

How many cases apply to S18 Rule 3?

Select one of the following:

1
2
3
4
5

Explanation

Question 18 of 50

2

Woodburn v Andrew Motherwell- where there is a condition on the buyer, rule 3 will apply

Select one of the following:

True
False

Explanation

Question 19 of 50

2

Nanka Bruce v ❌ Trust Ltd- Contract for the sale of ❌ where buyer would resell the goods and at that point there was the requirement for the price to be ❌ in order to asses the amount payable by the ❌ to the seller. There court said for rule 3 to apply only the ❌ must be worried about ❌ the goods in the context of the ❌ buyer.

Select option below to complete the highlighted text

Commonwealth

coco

ascertained

buyer

original seller

ascertaining

original

secondary

secondary seller

origional buyer

unascertaining

delivering

wheat

coal

seller

Jason

Demby Hamilton

Barden

Midland Bank

unascertained

specific

Explanation

Question 20 of 50

2

Michelin Tyre Co Ltd v MacFarlane (Glasgow) Ltd states that the difference between the two types under s18 r4 will only matter where there is contractual stipulation saying the contract will not pass until a certain point.

Select one of the following:

True
False

Explanation

Question 21 of 50

2

Fill the blank spaces to complete the text.

Appropriation by exhaustion= when goods are taken, what is in the bulk will under the contract- s18 Rule 5 part

Explanation

Question 22 of 50

2

Fill the blank spaces to complete the text.

S18 RULE 5 PART 2- The case of Healy v & Sons concerned the sale of amongst a shipment of . Before they could be the train was delayed and as a result they perished. Court deliberated and decided that just separating the goods was to be ascertained sufficiently

Explanation

Question 23 of 50

2

Select from the dropdown lists to complete the text.

S18 RULE 5 PART 1- ( Carlos, Jameson, Anderson, Rivierra ) Federspiel & Co SA v Charles Twigg Co- Concerned sale of ( bicycles, trucks, clocks ) where buyer was to pay in advance. Seller went bankrupt thus question of who the goods belonged to. The court stated that a seller who ( intends to pass, intends to pay, intends to ascertain, intends to transfer ) property will have a ( final and decisive, earmarking, permanent, clear ) act in which there is nothing more to do.

Explanation

Question 24 of 50

2

Fill the blank space to complete the text.

Arbitration is an alternative to

Explanation

Question 25 of 50

2

Benefits to arbitration

Select one or more of the following:

More private
Less stress and pressure
Cheaper
Always straightforward
Court is never required
Creative solutions
Prior decisions may be relied on
Quicker

Explanation

Question 26 of 50

2

Earl of Kinfore- criminal cases may in some instances be taken to arbitration

Select one of the following:

True
False

Explanation

Question 27 of 50

2

Hackston: In terms of partnership issues, so long as legal personality is not the issue concerned, you can go into arbitration

Select one of the following:

True
False

Explanation

Question 28 of 50

2

Fill the blank space to complete the text.

and Reid: Both parties must agree that the best course of action is to go into arbitration

Explanation

Question 29 of 50

2

Where you have a very specific clause agreeing to arbitration in the contract, you have no choice but to go

Select one of the following:

Sanderson v Armour
Goodwins, Jordine & Co v Brand
Hackston v Hackston

Explanation

Question 30 of 50

2

Mylcrist Builders ltd v Buck: you cannot be awarded without the presence of both parties during arbitration

Select one of the following:

True
False

Explanation

Question 31 of 50

2

The decision to remove an arbitrator is made by ❌

Select option below to complete the highlighted text

arbitrators

the party members

the court

Explanation

Question 32 of 50

2

Grey Construction case stipulates that there will always be an exception to the rule of confidentiality where there will be substantial injustice in a decision if upheld

Select one of the following:

True
False

Explanation

Question 33 of 50

2

Fill the blank spaces to complete the text.

Grey construction case indicates that there an exception to the rule of confidentiality. It operate to the extent that the court can ensure a outcome- where otherwise there would be a substantial

Explanation

Question 34 of 50

2

The arbitrators may award anything they want in arbitration

Select one of the following:

True
False

Explanation

Question 35 of 50

2

Select from the dropdown list to complete the text.

In sequestration the trustee must report on their duties at the end of every ( relevant accounting period, month, year, relevant accounting year )

Explanation

Question 36 of 50

2

Sequestration may go on for

Select one of the following:

3 years
2 years
4 years
16 months

Explanation

Question 37 of 50

2

Rankins Trustee clarifies that where a purchaser is made aware there is sequestration, they will be a good faith purchaser

Select one of the following:

True
False

Explanation

Question 38 of 50

2

Things that will vest in the trustee during sequestration

Select one or more of the following:

Damages to estate
Income
Pension
Contingent Interest (Inheritance)
Property held in trust
All of the above where excess amount
Jewellery

Explanation

Question 39 of 50

2

Fill the blank spaces to complete the text.

- In the process of sequestration, the trustee to sue on behalf of the debtor for the purposes of damages to the estate

Explanation

Question 40 of 50

2

A cautionary obligation is a guarantee that an obligation will be fulfilled i.e. a promise that a promise will be kept

Select one of the following:

True
False

Explanation

Question 41 of 50

2

Fill the blank spaces to complete the text.

A cautionary obligation is considered both and

Explanation

Question 42 of 50

2

Cautionary obligation- Yeoman states

Select one of the following:

a letter of comfort must be written in clear terms saying you fundamentally agree
there must be leal capacity for the principal contract in order for the secondary to be binding

Explanation

Question 43 of 50

2

A ❌ in a cautionary obligation may be a written document falling short of a legal obligation

Select option below to complete the highlighted text

letter of comfort

third party pledge

Explanation

Question 44 of 50

2

Cautionary Obligations: Fortune - A general offer to the world may be binding

Select one of the following:

True
False

Explanation

Question 45 of 50

2

Fill the blank spaces to complete the text.

CAUTIONARY OBLIGATION- CREDITOR MISREPRESENTATION: Where creditor has made a misrepresentation the contract becomes . The case of makes clear that you cannot claim where you are aware of the facts as the third party. O'Donnell adds that you must ensure the facts given are both .

Explanation

Question 46 of 50

2

Silence is an option even where the circumstances are unusual in the instance of misrepresentation by a creditor as clarified in Smith

Select one of the following:

True
False

Explanation

Question 47 of 50

2

Fill the blank spaces to complete the text.

Cautionary obligations: There lies a good faith duty particularly with . In the case of Smith the wife claimed not to be liable due to . The court clarified that there is a duty between a husband and wife particularly where they have the same . notice is required to be given to the third party, where the nature of the obligation must be pointed out along with the advise to seek . Forsyth clarifies that where a third party is advised to seek separate legal advice but choses not to, there is on the debtor. Similarly according to , it is sufficient enough for the bank to rely on the of the solicitor who is advising both parties. Finally Cooper makes known that there must be a link between the failure to give and the reason in which they for there to be liability.

Explanation

Question 48 of 50

2

Cautioners have the right to

Select one or more of the following:

Relief
Damages
Recession
Assignation
Ranking in bankruptcy

Explanation

Question 49 of 50

2

A cautioners duty may be extinguished where, according to Aitken's Trs, the debtor is ❌ from the principal debt but the creditor is unaware. This does not apply where the debtor is ❌. ❌ makes clear that agreeing not to sue is not the same as being released altogether.

Select option below to complete the highlighted text

released

added

taken

reduced

bankrupt

a family member

clear to the cautioner

Crawford

Aitken

Explanation

Question 50 of 50

2

Insurable interest is the purchase of risk

Select one of the following:

True
False

	Created by Fadzaai Chtiga about 7 years ago

Quiz on Commercial Law revision, created by Fadzaai Chtiga on 21/04/2017.

Commercial Law revision

Question 1 of 50

Sale of Goods only applies to movables, not including money

Select one of the following:

Explanation

Question 2 of 50

Where does this judgement come from?- Where trees became movables once they were chopped down. Court said if at a certain point the property becomes movable, it is that point in which it becomes a 'good'.

Select one of the following:

Explanation

Question 3 of 50

Glynwed Distribution Ltd v S Koronaka & Co clarified that a reasonable price for the goods is what would be ❌ for the buyer to pay

Select option below to complete the highlighted text

Explanation

Question 4 of 50

Fill the blank space to complete the text.

Time limits are usually reserved for

Explanation

Question 5 of 50

Fill the blank space to complete the text.

Title is

Explanation

Question 6 of 50

PST Energy v OW Banker

Select one or more of the following:

Explanation

Question 7 of 50

Select from the dropdown list to complete the text.

Where there is no ownership you cannot transfer ownership - Wilson Imports v Advance Sport Woodburn v Andrew PST Energy v OW Banker Dennant v Skinner Varley v Whipp( Wilson Imports v Advance Sport, Woodburn v Andrew, PST Energy v OW Banker, Dennant v Skinner, Varley v Whipp )

Explanation

Question 8 of 50

Select from the dropdown list to complete the text.

RV Ward v Bignall- 'unconditional contract' 'specific goods' deliverable state'( 'unconditional contract', 'specific goods', deliverable state' ) means a scenario where there are no conditions whatsoever

Explanation

Question 9 of 50

Varley v Whipp concerned the issue of the sale of a reaping machine

Select one of the following:

Explanation

Question 10 of 50

'Deliverable state' is where the goods are in a state in which the buyer would be willing to accept them

Select one of the following:

Explanation

Question 11 of 50

Fill the blank spaces to complete the text.

Gowans v - dealing with the sale of . Once the goods had been put into a , property had passed.

Explanation

Question 12 of 50

RULE ONE CASES- Property will pass when contract is made

Select one or more of the following:

Explanation

Question 13 of 50

Fill the blank spaces to complete the text.

Philip Head & Sons v Showfronts- concerned sale of . The contract involved fitting and delivery. Court said it would only be in a once as very heavy and contingent on it for passing of possession

Explanation

Question 14 of 50

Click on the orange point and select the correct answer.

Wait & James v Midland Bank: seller wanted 500 tonnes of what which was transported with 100 tonnes- became bankrupt before separated out- court said no passing as goods had not been separated out therefore unascertained

Explanation

Question 15 of 50

Fill the blank spaces to complete the text.

S18 RULE 2- Where contract is , ownership will pass once the goods are in

Explanation

Question 16 of 50

Lord Eldon v Hedley Bros- Property passed once goods had been weighed and the price had been ascertained. Which rule does this case apply to?

Select one or more of the following:

Explanation

Question 17 of 50

How many cases apply to S18 Rule 3?

Select one of the following:

Explanation

Question 18 of 50

Woodburn v Andrew Motherwell- where there is a condition on the buyer, rule 3 will apply

Select one of the following:

Explanation

Question 19 of 50

Select option below to complete the highlighted text

Explanation

Question 20 of 50

Michelin Tyre Co Ltd v MacFarlane (Glasgow) Ltd states that the difference between the two types under s18 r4 will only matter where there is contractual stipulation saying the contract will not pass until a certain point.

Select one of the following:

Where there is no ownership you cannot transfer ownership - ( Wilson Imports v Advance Sport, Woodburn v Andrew, PST Energy v OW Banker, Dennant v Skinner, Varley v Whipp )

RV Ward v Bignall- ( 'unconditional contract', 'specific goods', deliverable state' ) means a scenario where there are no conditions whatsoever

In sequestration the trustee must report on their duties at the end of every ( relevant accounting period, month, year, relevant accounting year )