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CA Foundation doubt

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

Ascertainment of price questions

Ascertainment of price questions

Asked by Anakha··1 answer

1 reply

  1. BrunoAI answerAI first answer — verify with your teacher

    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.

Related questions

What is a reasonable price under the Sale of Goods Act?

What counts as a reasonable price is a question of fact and depends on the circumstances of each case.

Is a contract void if the price is not mentioned?

Not necessarily; if the price can be fixed in an agreed manner or by course of dealing, or otherwise a reasonable price is payable, the contract stands.

What happens if the valuer refuses to fix the price?

The agreement becomes void, but if goods have been delivered and used by the buyer, the buyer must pay a reasonable price.

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Related doubts

  • 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?

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    1. Right of subrogation (Sec. 140, Indian Contract Act, 1872): once the surety pays the guaranteed debt or performs the promise, he steps into the creditor's shoes. He gets all the rights the creditor had against the principal debtor. 2. Implied promise to indemnify surety (Sec. 145): every contract of guarantee carries an implied promise by the principal debtor to repay the surety. He can recover any sum he rightfully paid, but not any sum he paid wrongfully. Example: A borrows Rs 1,00,000 from a bank and pledges gold. B is the surety. A defaults and B pays the bank. - Subrogation: B can now sue A and claim the pledged gold, just as the bank could. - Indemnity: B can recover the Rs 1,00,000 from A. But if B defended the bank's suit without reasonable cause, he cannot recover those costs from A.

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