THE SALE OF GOODS ACT 1930
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INCLUSION OF INCREASED OR DECREASED TAXES IN CONTRACT OF SALE Where after a contract has been made but before it has been performed, tax revision takes place. Where tax is being imposed, increased, decreased or remitted in respect of any goods without any stipulations to the payment of tax, the parties would become entitled to read just the price of the goods accordingly. .
Following taxes are applied on the sale or purchase of goods: - Any duty of customs or excise on goods, - Any tax on the sale or purchase of goods The buyer would have to pay the increased price where the tax increases and may derive the bene t of reduction if taxes are curtailed. Thus, seller may add the increased taxes in the price. The effect of provision can, however, is excluded by an agreement to the contrary. It is open to the parties to stipulate anything regard to taxation. .
Multiple Choice Questions 1. The unpaid seller has right of stoppage of goods in transit only where the buyer (a) become insolvent. (b) refuses to pay price. (c) acts fraudulently. (d) all of these. . 2. An unpaid seller is having rights against (a) goods only. (b) the buyer only. (c) both goods and buyer. (d) none of the above. .
3. Under which of the circumstances unpaid seller loses his right of lien (a) by estoppel. (b) where seller waived the right of lien. (c) where the buyer or his agent lawfully obtains possession of the goods. (d) any of the above. 4. When the unpaid seller has parted with the goods to a carrier and the buyer has become insolvent he can exercise (a) right of lien. (b) right of stoppage in transit. (c) right of resale. (d) none of the above. 5. The essence of a right of lien is to (a) deliver the goods. (b) retain the possession (c) regain the possession. (d) none of the above
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