CLL331 Tma Solutions

CLL331

Question: Where one of the parties to a contract by acts beyond his control rather than intentional act to resile from it and provided it has not been accepted, the offer is said to
Answer: lapse

Question: Any situation in which a seller who is a non-owner, or a person with a defective title, confers a goood title on his buyer and in doing so defeats the claims of the true owner or of a person with a superior title is called
Answer: Transfer of title

Question: Following the case of Odufundade v Ososami (1972) the position is established that certain phrases when used in a contract should be taken as
Answer: an outright rejection

Question: It is possible for goods to be physically available, and yet not in existence within the meaning of the Sale of Goods Act. This condition is fulfilled when
Answer: the goods are not yet owned by seller

Question: All of the following except one fall into the main categories of \
Answer: goods identified and agreed on at the the time of the contract

Question: An offer is always open for confirmation in so far as it is done within a reaonsable time, said to be dependent not only the circumstances of each case but a
Answer: question of fact

Question: A typical illustration showing that a sale is different from a security for a loan is a mortgage. In a sale the general property in the goods passes to the buyer absolutely. In a mortgage it passes subject to the condition that the mortgagor
Answer: retains the right to redeem

Question: From‭ ‬high ground the proposition holds that the death of both the offeror before acceptance terminates the offer unless it was made to the offeree and his successors in title.
Answer: academic

Question: Consideration is executed if the act is or has been performed in return for a promise. It is executory if the offer as well as acceptance remains within the domain of promises and as to liability
Answer: Both parties are liable

Question: The general law governing capacity to enter into contractual relations is contemporaneous with the capacity to create a valid sales of goods contract. This means that relevant is the case of
Answer: Labinjoh v Abake (1924) 4 NLR 33

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