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  • CA FoundationSale of Goods Act 1930 - ascertainment of price

    How is price ascertained under the Sale of Goods Act, and where can I practise questions on it?

    BrunoAI answer

    Ascertainment of price is covered by Sections 9 and 10 of the Sale of Goods Act, 1930. Section 9: Price can be: 1. Fixed by the contract itself. 2. Left to be fixed in an agreed manner. 3. Decided by the course of dealing between the parties. If none of these applies, the buyer pays a reasonable price. Section 10 (valuation by a third party): - If the third party fails to fix the price, the agreement is void. - If goods were already delivered and used by the buyer, the buyer pays a reasonable price. - If a party's fault stops the valuation, the other party can sue for damages. For practice questions, try the Law question banks in notes [1] and [4] below.

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    1 answer 13 Nov 2026

  • CA FoundationSale of Goods Act 1930 - ascertainment of price

    What is ascertainment of price under the Sale of Goods Act? Please explain in simple words.

    Madhu

    Ascertainment is how price of the goods is decided in the contract Section 9 1.It is already mentioned in the contract (fixed) 2.Parties agree to fix it in specific manner 3.by course of dealing between parties Section 10 - By third party If the third party refuses to ascertain price ,and goods haven't been delivered then the contract becomes void But if goods have already been delivered, reasonable price must be ascertained If either seller or buyer is preventing the valuer from ascertainin the price he /she can be sued by other party for damages

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    2 answers 13 Nov 2026

  • CA FoundationIndian Contract Act 1872 - rights of surety

    What are the surety's right of subrogation and the implied promise to indemnify the surety?

    singhshivanshika37

    1. Right of subrogation means once the surety pays the guaranteed debt or performs his promise so he steps into the creditors shoes and he gets all the rights of creditors against the principal debtor 2. Implied promise to indemnify surety means that every contract of guarantee carries an implied promise to repay the amount to surety by principal debtor if surety already performed his promise now the surety becomes the creditor so he can recover the amount from principal debtor which he rightfully paid but not wrong fully paid Example 1. Ram borrows 500000 from bank and shyam is the surety at the time of repayment of loan ram is unable to pay and shyam paid the amount to bank so after that shyam has right to recover the amount from ram which he had paid to the bank 2. Same in case of implied promise to indemnify surety Shyam can recover the 500000 from ram but if shyam defended the bank's suit without reasonable cause so he cannot recover the amount

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    2 answers 13 Nov 2026

  • CA FoundationSale of Goods Act 1930 - implied conditions

    What are the implied conditions under the Sale of Goods Act, 1930?

    Noori· 1 found helpful

    Implied Conditions under the Sale of Goods Act, 1930 Meaning: Implied conditions are conditions which are automatically included in a contract of sale by law, even if they are not expressly mentioned by the parties. There are 5 important implied conditions: 1\. Condition as to Title (Section 14(a)) – The seller must have the legal right to sell the goods. 2\. Sale by Description (Section 15) – Goods must correspond with the description given by the seller. 3\. Sale by Sample (Section 17) – The goods supplied must correspond with the sample shown to the buyer. 4\. Sale by Sample as well as Description (Section 15) – Goods must correspond with both the sample and the description. 5\. Condition as to Quality or Fitness (Section 16): * Fitness for Buyer's Purpose – Goods must be suitable for the buyer's particular purpose when the legal requirements are satisfied. * Merchantable Quality – Goods must be of acceptable and usable quality. * Wholesomeness – Food items must be safe for consumption. Important exam point: Implied conditions may be waived by the buyer or varied by an express agreement, subject to applicable law. *Easy way to remember T – D – S – SD – Q .

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    6 answers 12 Nov 2026

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