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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