Professional Documents
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Contract 15TH Edition MCQ
Contract 15TH Edition MCQ
(d) contract.
Every promise and every set of promises, forming the consideration for each other, is an (a)
agreement
(b) contract
(c) offer
(d) acceptance.
to be void under
) willingness to do or abstain from doing an t n order to obtain the assent of other thereto
1. Under section 2(b) if the person to whom the Proposal is made signifies his assent the
la) accepted
b) agreed
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8. A proposal when accepted becomes (a) promise under section 2(6)
(b) agreement under section 2(e) (c) contract under section 2(h) (d) none of the above.
9. When, at the desire of the promisor, the promisee or any other person has done or
abstained from doing or, does or abstains from doing or promises to do or to abstain from
doing something, such act or abstinence or promise under section 2(d) is called
(d) acceptance.
10. Promises which form the consideration or part thereof, for each other under section 2()
are called
(b) agreements
(d) consideration.
11. Every promise or set of promises forming the consideration for each other under section
2(e) is called
(a) reciprocal promise
(b) contract
(c) agreement
12. An agreement enforceable by law at the instance of one party & not of other party under
section 2(i) is called
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14. In a valid contract, what comes first
(a) enforceability
(b) acceptance
15. Under section 2(c) promisor is the (a) person who makes the proposal (b) person who
accepts the proposal (c) person who makes the promise (d) person to whom the proposal is
made.
(a) person who makes the proposal (b) person who accepts the proposal (c) person who
makes the promise (d) person to whom proposal is made.
(a) offet
(a) an offer
(d) a promise.
(a) when it is put in the course of transmission (b) when it comes to the knowledge of the
person to whom it is made
(b) when it is put ín the course of transmissíon to hin so as to be out of power of the acceptot
fbj when it is put in the ourse of trarsmission (c) whers it is Intruricated to the acceptor that
the acceptance has reached the propner
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(d) when the proposer conveys the acceptance
to the acceptor.
(c) when it reaches the offeree (d) both (a) and (c).
23. Acceptance to be valid must (a) be absolute
(b) be unqualified
(a) at any time before the communication of acceptance is complete as against the promisee
the
(b) after
to
Comes
by the proposer
(b) by failure of acceptor to fulfil a condition precedernt
object
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Competency to contract relates to (a) age of the parties
b) soundness of mind of the parties both age && soundness of mind (d) intelligence of the
parties.
(c)
(b) void
(c) voidable
(d) illegal.
(a) there is a concluded contract as the letter of acceptance is put in the course of
transmission
(b) there is no concluded contract as the acceptance has not come to the knowledge of the
proposer
(c) there is no concluded contract as the acceptance has not been communicated to the
proposer
D. When the consent to the contract is caused by COercion, the contract under section 19 is
la) valid
(b) voidable
6. A's son forged B's name to a promissory note. B under threat of pprosecuting A's son
obtains a bond from A for the amount of the forged
When
by
caused
the
cOnsent
is
19 is la) valid
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(c) voidable (d) illegal.
38. When the consent is caused by undue influence, the contract under section 19A is
(a) valid
(b) void
39. Where both the parties are under mistake as to matter of fact, the contract under section
20 is (a) voidable
(b) void
(c) valid
(d) illegal.
(a) valid
(b) void
(c) voidable
(d) illegal.
it is
42. If only a part of the consideration or object unlawful, the contract under section 24 shall
be (a) valid
(b) voidable
(c) void
(d) illegal.
(a) valid
(b) voidable
(c) void
(d) illegal.
(a) both the law and parties regard, as having some value
45. If the proposer prescribes the mode & manner of acceptance, the acceptance
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manner & mode
(c) can be in any reasonable mode & manner (d) all the above.
them is
(a) minor
(b) insane
by
sense
times.
49. A contract which is valid initially however, ceases to be enforceable subsequently, the
contract
50. Agreements, the meaning of which is not certain or not capable of being made certain
under section 29 is
(a) void
(b) voidable
(c) illegal
(d) valid.
section 27 is
(a) valid
(b) voidable
(c) void
(d) unenforceable.
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(b) mutual adjustment (c) business contingency (d) none of the above.
(b) voidable
(c) void
(d) unenforceable.
54. An agreement not to persue legal remedies L. to refer the dispute to the arbitrator, unde
section 28 is
(a) valid
(b) voidable
(c) void
(d) unenforceable.
arbitrator is valid
30 is
.(a) void
(b) voidable
(c) valid
(d) unenforceable.
(a) unlawful
(b) void
(c) voidable
(d)
valid.
section 26 is
(a) void
(d) unenforceable.
S9, lf only a part of the consideration or object unlawful, the contract under section 24 Sn be
(a) valid to the extent the same are lawtul (b) void to the extent the same are unlawtu (c)
void as a whole
section 15 is
) committing or threatening to commit any act which is forbidden by Indian Penal Code
( undawful detaining or threatening to detain any property with an intention to causing any
person to enter into an agreement (d) all the above.
(a) specifies the circumstances in which promises are binding on the parties to the
contract
(b) lays down certain norms by which the parties are bound
(c) lays down the circumstances under which a promise may be made
true
(b) any breach of duty, which gains an advantage to the person committing it, by misleading
another to his prejudice
65
f6. An
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(d) unenforceable.
(a) by sending a communication of acceptance (b) by compiying with the conditions of offer
(c) by tendering himself to comply the conditions of offer
(c) meeting of minds upon the same thing in the same sense
(a) suggestion as a fact which is not true, by one who does not believe it to be true
(c) a representation made without knowing it to be false, honestly believing it to be true (d) a
promise made without any intention of performing it.
70. Contract without consideration made in writing & registered and made on account of
natural love and affection is
(a) void
(b) voidable
(c) valid
(d) unenforceable.
the contract
(a) void
(b) voidable
(c) unenforceable
(a) fraud
(b) misrepresentation
73. Agreement without consideration is valid (a) when made out of love & affection due to
near relationship
(b) when made ta compensate a person who has already done something voluntarily (c)
when made to pay a time barred debt (d) all the above.
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74. A contract based on the happening or non- happening of a future event under section 31
is called
only on the
(a) is void
impossible
(d) is voidable.
(a) is void
impossibility
under section 11
(d) valid.
under section 56 is
(a) void
(b) valid
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(c) voidable
(d) unenforceable.
82. A contingent contract based on the specifoa uncertain event happening within a fixed
ime under section 35
(a) remains valid even if the event does mos happen within that fixed time
(c) becomes void if the happening of that event becomes impossible before the expiry of
time fixed
83. A contingent contract based on the specified uncertain event not happening within a
fixed time under section 35
(a) carn be enforced if the event does not happen within the time fixed
(b) can be enforced if before the expiry of time fixed, it becomes certain that such an event
shall not happen
(c) cannot be enforced at all, being void (d) both (a) & (b).
(c) the promise through his representa-tive irrespective of the competency of that
representative
(d) both (a) & (b).
85. A promisee can accept the performance (a) from the promisor himself
Competernt to perform
performance must be by
can compel
88. Generally, the joint promisors can (a) compel each other to contribute equally
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(b) not to compel each other to contribute
equally
ia) the other joint promisors have no right against the defaulter
(a) can sue any one of them for the entire promise
b) can sue any one of them to the extent of his share in the joint promise
(a) can enforce the contract against the survivor(s) of the said joint promisor(s) alongwith the
joint promisors who are alive
b) cannot enforce the contract against the survivor(s) of the said joint promisor(s)
n a contract not specifying the time for performance, the promisor can perform the
contract
contract
performance
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(c) the promisor need not seek any instructions from the promisee as to the place of
performance
(d) the promisor can perform the promise at a place other than the place appointed by the
promisee.
95. In case the promisee prescribes the manner and time of performance of promise
(a) the performance must be in the manner and at the time prescribed
(b) the performance can be in a different manner but at the time prescribed
(c) the performance can be in the manner prescribed but at a time beyond the time
prescribed
(d) the performarnce need not be in the manner and time prescribed.
96. If the time of performance of the contract is the essence of the contract and the promisor
fails to perform the contract by the specified time
97. If the time is not the essence of the contract the failure to perform the contract by the
specified time makes the contract (a) void
(b) voidable at the instance of the promisee (c) remains valid but the promisee can claim
compensation for the loss suffered by him by such failure
(d) remains valid & can be performed at any subsequent time without being liable for the loss
suffered by the promisee.
98. In contract for sale of immovable property the presumption is that the time is
(d) not the essence of the contract but makes the contract voidable at the instance of the
other party.
99. Reciprocal promises provide for doing certain things which are legal & certain others
which are illegal, under section 57
(b) the first set is voidable, but the second set is void
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(c) the first set is valid but the second set is void
(b) void
(b) rescission of contract (c) alteration of contract (d) all the above.
(b) dispense with the performance in part only (c) dispense with the performance wholly or in
part (d) all the above.
(b) the other party is liable to compensate the person who has rescinded the contract
(c) the other party is not liable to compensate the person rescinding the contract
(a) is liable to restore the benefits to the party from whom the benefits are received
party
(c) liable to restore the benefits to third party (d) liable to surrender the benefits to the State.
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(d) none of the above.
(a) by performance of the contract (b) by frustration of the contract (c) both (a) & (b)
original contract
earlier one.
(b) is not liable to compensate that another (c) that another cannot claim
any
Compensation
(b) can be enforced against the unatic personaly when he ceases to be lunatic
natural
(a) for the proximate
and
consequences of breach
(b) for remote conseguence of the breach (c) for indirect consequences of the breach (d) all
the above.
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114. In estimating the damage
minimise the
claiming damages, to
i the party is not under any obligation to take steps Within its reach to mininmise the loss
contract. A has private information of a change in nrices which would affect B's willingness to
proceed with the contract
{b) a third person cannot sue even if the consideration has proceeded from him
(a) a third person cannot sue at all for want of privity of contract.
9, Executory consideration
(c)
addressed
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121. In cases of acceptance on phone, the contract is made
124. In cases of general offer to public at large (a) notifying the acceptance to the proposer
is
necessary
is not necessary
of the State
(c) where the acceptance was made (d) where the contract is made.
contract
(a) is estopped from pleading his minority (b) cannot be estopped from pleading his
minority
(c) the contract is void
minority
(c) can be ratified on attaining majority (d) both (b) & (c).
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(d) neither (a) nor (b).
129. An agreement in restraint of legal proceedings (a) if imposes total prohibition shall be
void (b) if imposes total or partial prohibition shall be void
(c) if imposes partial prohibition shall be valid (d) if imposes total prohibition shall be valid.
130. Where there are twwo courts which would normally have the jurisdiction, an agreement
to file suit in one of those courts alone, is
(a) void
(b) valid
(c) voidable
(d) unenforceable.
(a) benefits under the contract can be assigned without the consent of other party
(b) burden under the contract cannot be assigned without the consent of other party
(a) can ignore the notice of refusal for the time being and wait till the time when the contract
is to be executed
(b) can treat the repudiation as wrongful putting an end to the contract
(b) special damages can be claimed if the party breaking the contract is made known of the
special circumstances at any time before the breach
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(c) special damages can be claimed if the party breaking the contract is made known of the
special circumstances at the time o
contract
(a) for sale of moveable properties (b) for sale of immoveable properties (c) both (a) & (b)
(d) none of the above.
137. In cases of general offer, for a valid contract (a) the acceptor need not have the
knowledge of the offer
(b) the acceptor must have the knowledge of the offer before acceptance by performance
(c) the acceptor may acquire the knowledge of the offer after the performance of the
condition amounting to acceptance
(a) section 8
(b) section 7
(c) section 6
(d) section 9.
(b) if the offer is made to an ascertained person (c) if the acceptance is made by an
unascertained person
person.
140, An
amount to
(b) a concluded contract arises only when order is placed on the basis of tender
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142. A clause in the tender authorising the party
inviting tenders to terminate the contract at any time for future supplies
(a) destroys the very basis of the contract & the clause is void
(b) does not destroy the basis of the contract && the clause is valid
(b) relationship of parties being such that one party is in a position to dominate the will of the
other
(c) there is a change in the circumstances to be brought to the notice of other party
(b) physical impossibility due to disappearance of the subject matter of the contract or the
object has failed to materialise
146. In which of the following cases, the Supreme Court held that, in a case of breach of
contract, the proof of loss not necessary when gernuine pre-estimated loss is stipulated in
contract
in case of breach
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148. Section 74 applies
(a) where the actual damage or loss has been proved to be caused by breach
(b) where the actual damage or loss has not been proved to be caused by the breach (c) in
both (a) & (b)
(a) cases where the aggrieved party is seeking to recover a fixed amount on breach of
Contract
(b) cases where an amount received under the contract is sought to be forfeited
(d) cases where in consequence of breach no legal injury at all has resulted.
damages
(a) less than the amount stated in the contract (b) equal to the amount stated in the contract
c) more than the amount stated in the contract (d) none of the above.
breach is too high, the court can interfere (a) on the proof of coercion
153. A partnership firm consists of three partners 'A', 'B' & 'C, and owes "R' sum of Rs.
15,000. 'A' wants to retire and it is agreed amongst all the three partners and 'R' that after
retirement of 'A', B & 'C as continuing partners shall be liable for the dues of R'. After the
retirement of 'A', R sues 'A' for recovery of Rs. 15,000.
'R' has an option to sue the firm consisting of 'B' & 'C' or the retired partner 'A'
(a)
R has a right to sue 'A to the extent of Rs. 5000 being the portion attributable to A'
(b)
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(c) R has no right to sue 'A' as after the retirement of 'A' a new agreement came nto being
between R' & the firm and 'A' stood discharged of his liability towards 'R'
(d) R can sue the firm consisting of B' & C alongwith 'A' as liability of all the partners is joint
& several.
laid down in
(a) section 37
(b) section 35
(c) section 36
(d) section 38.
155. For a loan, when there is stringency in money market, a banker asks for an unusually
high rate of interest, A' accepts the loan on these terms. This is
(a) section 28
(b) section 29
(c) section 30
157. X and Y agreed to marry each other on a certain date and before that X goes mad. Y
cancelled the contract & sued for damages
(b) on account of X's going mad, the contract frustrated & void. Y has no right to sue for
damages
158. 'A' promises to make a sculpture for "B' (a) 'A' mnust perform this promise personally
(b) A's son can perform the promise
(c) A's servant can perform the promise (d) A's employer can perform the promise.
159. 'X', a Delhi merchant & native of Delhi entered into contract with Y, a Jabalpur merchant
for the purchase of 50 quintals of Sitaphal. In Delhi Sitaphal is a vegetable, while in Jabalpur
it is a fruit
(a) the terms of contract are to be interpreted as per meaning of the proposer
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(b) the terms of the contract have to interpreted as per the meaning understond by the
acceptor
(c) the contract is void on account of muhyal mistake as to the meaning of sitaphal (d) no
concluded contract has come into beine as there was no meeting of minds. 160. 1f a
promisee accepts an anticipatory breach committed by the promisor, then
(a) the promisee need not perform his part of the contract but he cannot claim damages from
the promisor
(b) the promisee need not perform his part of the contract but he can claim damages only
after the date of performance
(c) the promisee need not perform his part of the contract and can claim damages without
waiting till the date of performance
(d) the promisee must perform his part of the contract before claiming damages from the
promisor
161. "X enters into a contract with Y for which Y is guilty of fraud. X can
162. "X' agreed to supply 1000 tons of iron at Rs. 100 per ton to "Y to be delivered not later
than 31-1-2002. X also entered into a contract with 'A' for purchase of 1000 tons of iron at
Rs. S0 per ton telling 'A' clearly that the iron is needed before 31-1-2002 for supply to Y 0
fulfil the contract with Y. 'A' fails to supply the iron to X who in turn failed to supply the same
to Y. In an action by X against 'A" (a) X an recover damages for the loss o
profit at the rate of Rs. 20 per ton i.e., the loss of profit
(b) X can recover damages for the loss or prot he would have earned by timely supply o Y
and also the damages which 'X' might have paid to Y on account of breach o
contract
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163. An offer was sent by post, the acceptor wrote 'accepted on the letter, put it in his drawer
&
14.X holds land on a lease granted by Y, The revenue payable by Y to the Government
heing in arrears, the land is advertised for sale hy the Government under the relevant law,
the consequent of which is annulment of X's lease. X in order to prevent the sale &
consequent annulment of lease pays the dues of Y to the Government
(b) X is not entitled to anything from Y for want of any contract between them
(c) X is not entitled to any amount from Y because X has paid the amount to save his own
tenancy
16. An employer asks his employee/servant to sell his servant's goods at a price for less
than the market price/fair price. Servant can avoid the contract on the ground
(b) coercion
(c) mistake
(d) fraud.
consideration of Rs. 10,000 lent by Y & G provides Y & Z jointly to repay them that Sum with
interest on a specified day. Y dies.
S available to Y's representatives & Z both the death of Z, his representatives. available to
Y's representatives & after
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168. The doctrine of impossibility of performance rendering contracts void is based on (a)
implied term
Contract Act is
(a) 18 years
(b) 21 years
(c) 16 years for girls & 18 years for boys (d) 18 years for girls & 21 years for boys. 170. A
contract signed between two countries without specifying as to which country's law shall
govern in cases of dispute
(a) it shall be governed by the law of the country where the proposal was made
(b) it shall be governed by the law of the country where the contract was concluded
(c) it shall be governed by the law of the country which the parties intended to apply, i.e.,
where the contract is localised
(a) liquidated
(b) compensatory
(c) penal
172. While determining damages which of the following are taken into account
(a) motive
(b) manner
damage
(a) generally
(b) always
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175. Duty to mitigate damages on the part of injured party arises
(b) in cases of breach at the time fixed for performance of the contract
(b) penalty
177. The essense of liquidated damage is (a) genuine pre-estimate of damage (b) less than
probatble damage
(c) more than probable damage (d) pavment of money in terrorem.
178. A contract of indemnity as a contract by which one party promises to save the other
party from the loss caused to him by the conduct of the promisor himseif or of any other
person, has been defined
(b) under section 124 (c) under section 125 (d) under section 126.
given
given
182. A guarantee
184. A valid guarantee can be given (a) only if there is no principai debt (b) only if there is a
principal debt (c) irrespective of arry debt (d) both (a) &e (c).
(b) can be of past debt if some further debt íncurred after the guarantee
(a) invalid
(b) valid
(c) voidable
(d) illegal.
(b) guarantee of a debt of a company acting ultra vires in obtaining the loan
(b) extends to the whole of the amount rof which the principal debtor is liable
(c) both (a) & (b)
of the surety
(b) cannot be timited & has to extend to the whole of the amount đue from principai debtor
(c) can be extended to penaities also (d) buth (b) & (c).
190. A guarantee which extends to a series transactions under section 129 is called
(a) an absolute guarantee (b) a caontinuing guarantee (c) an invalid guarantee (d) a
conditioral guarantee.
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91. A continuing guarantee applies to
a) revocable absolutely
b) irrevocable absolutely
s6 The liability of surety on his death under section 131 in case of continuing guarantee
transaction
regards future
transaction
(z) by revocation
(b) bv death
(a) has to avail his remedies first against the principal debtor
(b) can avail his remedies against the principal debtor as well as the surety
y an agreement between the creditor & a rurd party for not to sue the principal debtor
liable
contract of guarantee (a) there are two parties and one contract b) there are two parties and
two contracts
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(c) there are three parties & three contracts (d) there are three parties & one contract.
(a) is invested with all the rights the creditor had against the principal debtor
(b) is entitled to the every security which the creditor has against the principal debtor (c) is
entitled to be indemnified by the principal debtor
contribute
(a) equally
(b) unequally
204. Surety on payment or performance of his liability, against the principal debtor
debtor
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(d) neither change of custody nor possession. 206. Bailment means
(a) the goods is delivered by one person to another for some purpose to be specifically
returned or otherwise disposed of as per the order of bailor
(c) the goods delivered to be returned by way of an equivalent in other commodities (d) all
the above.
on the
circumstances.
(c) through whom the goods are delivered (d) who carries the goods.
(a) as an expert
equivalent to that of
(b) an innkeeper
(c) both of common carrier and innkeeper (d) neither of common carrier nor innkeeper.
211. An agreement by a bailee purportive to exempt him wholly from liability for negligence
is (a) valid
(b) invalid
212. If the bailee does any act inconsistent with the conditions of bailment, with regard to
goods (a) the contract becomes void
213. If the bailee mixes the goods of the bailor with his own goods, without the consent of
the bailor
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(a) the bailee is liable to bear the expenses of separation of goods & damages arising
therefrom, if the goods can be separated
divided
214. In case of a gratuituous bailment, the bailee t (a) entitled to necessary expenses
incurred by him for the purposes of bailment
expenses and
additional changes
purpose of bailment
(c) the bailee is to pay the money equivalent (a) the bailee is to pay the equivalent in other
commodity.
goods
(b) if the goods are seized by the Government (c) both (a) & (b)
(c) on the death of either bailor or bailee (d) on the death of bailor and bailee both.
(a) the bailee has to deliver the goods to all e joint owners
(b) the bailee has to deliver the goods to any one of the joint owners with the consent o other
joint owners
(c) the bailee can deliver the goods to one the joint owners even without the consen of other
joint owners
can be exercised
services
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) for charges on account of labour o skill employed or expenses incurred
for general balance of accounts and the charges on account of labour & skill employed &
expenses incurred (d) either (b) or (c).
ic) not entitled to claim compensation and thus not entitled to retain the goods
(a) entitled to the specific reward offered by the owner for the return of goods
(6) can retain the goods so long as the specific reward is not given by the owner
22. Pledge under section 172 of Indian Contract Act has been defined as
possession of goods
(a)
year from the date of pawn years from the date of pawn 912 years from the date of pawn
b)
(a) for payment of debt interest & all necessary expenses in respect of goods pledged
(b) for payment of debt other than the debt in respect of goods pledged
(c) for payment of interest & necessary expenses in respect of goods other than the one
pledged
228. The pawnee has no right to retain the goods (a) for payment of necessary expenses in
respect of goods pledged
229. If the pawner makes a default in payment of debt, at the stipulated time
(a) the pawnee has a right to sell the goods pledged without notice to the pawner
(b) the pawnee has a right to sell the goods pledged after giving a reasonable notice of sale
to the pawner
(c) has no right to sell the goods pledged but has a right to retain the goods as collateral
security for the debt
(d) neither has a right to sell the goods nor retain the goods as collateral security but has a
right to sue for pawner upon the debt.
(c) by the person who is left with the goods for some special purpose
(a) pledge made by a mercantile agent is valid (b) pledge made by a person in possession
under voidable contract is valid
(c) pledge by a person having a limited interest is valid to the extent of that interest (d) all the
above.
232. Agent is a
(a) person employed to do any act for another or to represent in dealings with third person
(b) person for whom the act is done or who is represented in dealings with third person
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(c) person from whom the person employed to do any act, has to get the work done (d) all
the above.
233. Principal is a
(a) person employed to do any act for another or to represent in dealings with third person
(b) person for whom the act is done or who is so represented in dealings with third persons
(c) person from whom, the person employed to do any act, has to get the work done (d) all
the above.
(b) a person aiding another in the performance of his legal or contractual obligations of third
persons
as agents
(a) jointly
(b) severally
generally given
(a) jointly
(b) severally
principal is liable
(a) severally
(b) jointly
239. Who can appoint an agent (a) a minor of sound mind (b) a major of sound mind (c) a
person of unsound mind (d) both (a) & (b).
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(b) a major of unsound mind (c) a minor of sound mind (d) a minor of unsound mind.
242. A wife has an implied authority of the husband to buy articles of household necessity
(c) if the wife is living with her husband not in a domestic establishment
(d) if the wife gets a reasonable allowance from the husband for her needs.
(c) applicable in emergent situations where communication with the principal is possible (d)
applicable in enmergent situation where the communication with the principal is not possible.
(b) if the ordinary custom of trade permits (c) if the nature of the agency permits (d) both (b)
& (c).
(a) as regards third parties the sub-agent bind5 the principal as an original agent can
(b) as regards third parties, the sub-agent cannot bind the principal as an original agent
(c) as regards third parties the sub-agent can bind only the original agent, who has
appointed the sub-agent
(@) as regards third parties, the sub-agent can neither bind the principal nor the original
agent.
246. For the acts of sub-agent, lawfully appointed (a) the agent is not responsible to the
principal (b) the agent is responsible to the principal (c) the sub-agent is responsible to the
principal directly
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frand & wilful ng by he sub-
es-rt is directhy iable to the aret esubpe&te gert bo e liabe to te princpa! tezget aicre is abie
to the príncipal
54 pe the agent aes to art for the ialiabe besiness of agency, nder the egsr pied thoity to
nme, is called 2gert
hsituted agent
EFre 2ts cf the substituted azent a e 2gets rsporsble to the prinipal t egent is rot rsporse to
the principal tesbstituted eget is not respOrsible to tepriapi
re cf te zbore
3LL 2se the sub22ent is not lzwfully pited, fox the ts of such sub-2gent, the gt appointing the
sub-zgent is liable 2) trards the prinipal oniy
parties
tztds noe
32Rfcaion of an 2ct
6) has to be impied
tetrospectively
Page 38
(d) pronpectively on retnpetivey deperdin% n the azeernert betweer the parties.
255. Which of the followinz acts cannot be ratified (a) lzwful or unlawtul acts capable of beinz
done bry the azert
(c) 2ct whách are unauthorised at the tirne of its being done
(d) all tthe above.
(c) by the death, insolvency or insanity of either the principal or the agent
(d) by the death, insolvency or insanity of the prinápal and the agent both.
stands terminated by (a) agency destructiơn of subject matter of agency (b) agency stands
terminated by happening of an event rendering the object of the agerncy unlawful
the
(c) agency stands teriminated by the frustration of the objects of agency due to impossibility
agent
(b) at any time after the authority has been partly exercised without liability towards the acts
done
(c) at any time after the authority has been fully exercised
261. With the termination of authority of an agent (a) the authority of sub-agent or
substituted agent does not come to an end
(b) the authority of sub-agent comes to an end but not of substituted agent
(c) the authority of sub-agent does not come to an end but that of a substituted agent
(d) the authority of sub-agent and substituted agent both comes to an end.
262. If the amount due to the agent for commission or remuneration is not paid or accounted
for, the agent
(a) has a right of lien only over the movable property of the principal
(b) has a right of lien only over the immovable property of the principal
(c) has a right of lien over the goods, papers and property movable or immovable of the
principal
(a) for all the consequences of all lawful acts done by the agent
(b) for all the consequences of all unlawful acts done in good faith by the agent
(c) for all the çonsequences of unlawful acts, known to be unlawful, but not criminal acts
265. Which of the following rights is/are not available to the agent
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(a) right to remuneration (b) right to retain
267. B, the proprietor of a newspaper, publisha A's request, a libel upon Cin the paper, s4 of
the publícation, and all costs and Gama agrees to identify B against the consere
of any action in respect thereof. B and has to pay đamages, and als, i
(a) A is not liable to B upon idemnity (b) A is liable to B upon idemnity (c) A is not liable
toCupon idermnity (d) none of above.
268. A entrusts B with negotiable instrume endorsed in blank. B sells then to C violation of
private orders from A. The sale (a) bad
(b) good
269. A owes B, under a contract, a sum of mone the amount of which has not been ascertaie
A, without ascertaining the amount, gives tof and B, in satisfaction thereof accepts the s of
Rs. 2000.
This is a discharge of
270. In which of the following judgments it told that: "the principle of unjust enrichm cannot
be extended to give a right to the to recover or realize vend fee after concerned statute for
realisation or recoven) vend fee has been struck down"
(a) Somaiya Organics (India) Ltd. v. State of Pradesh, AIR 2001 SC 1725
SCR 663
980
SC 577
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) Ceilena v. lhas, AIR 2010 SC 603
m in which case it was held that if arbitrator acts in disregard of the contract and without
iurisdiction then he commits legal misconduct (a) Beed District Central Co-operative Bank
Ltd. v. State of Maharashtra (2006)
(c) Gurpreet Singhv. Union of India (2005) (d) Saurabh Prasad v. DLF Universal Ltd. (2004)
3If instead of avoiding the contract the
contractor accepts the belated performance of reciprocal obligation on the part of the
employer, the innocent party i.e., the contractor, cannot cdaim compensation for any loss
occasioned by the non-performance of the reciprocal promise by the employer at the time
agreed, unless at the time of such acceptance, he gives notice to the promisor of his
intention to đo so. In which case it was held
íc) Shin Satellite Public Co. Ltd. v. Jain Studios Limited (2005)
(2005)
(a) Infrastructure Leasing & Financial Services Lud. v. Vijay V. Prabhu, AIR 2010 Bom 72.
Manita Khurana v. Indra Khurana, AIR 2010
Del 69.
Gau 66.
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276. A valid Lease can be determined by
277. "Deed of cancellation of contract amounts to rescission of contract and any rescission
must be only bilateral1" This contention was held in case of
(a) E.R. Kalaiban v. I.G. of Registration Chennai, AIR 2010 Mad 18.
of
part of the work in connection with the project which was entrusted to contractor, he cannot
be treated as
(a) agent
(b) sub-agent
(c) sub-contractor
(a) ownership
(d) sale.
283, Under the Contract Act, if the existing cause of action gets substituted by new cause of
action arising out of agreement, then
(a) the admiralty claim is maintainable
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(b) the admiralty claim is not maintainable () admiralty claim is superseded by other claims
(a) ves
(b) no
285. In which of the following cases it was held that the "Contract cannot be declared to
have been frustrated because its performance had of onerous on account become more
unforeseen circumstances"?
(a) Premmier Explosives Ltd. v. Chairman and Managing Director, Singareni Collieries Co.
Ltd., AIR 2010 AP 107.
(b) MV. Ranma v. T.N. Reddy, AIR 2010 AP 114 (c) T. Mohan Reddy v. Potu, AIR 2010 AP
117 (d) P.T. Reddy v. Juoti Reddy, AIR 2010 AP 119.
contract?
(a) Offer
287. The plaintiff sees the defendant's child falling in water. He saves the child from
drowning. Later the defendant promises to give him Rs. 1,000. In this regard which one of
the following propositions is correct.
(b) Novation
289. Under the Indian Contract Act, 1872 an agreement not enforceable by law is said to be
void. Under which of the following agreements is voidable?
Page 44
(c) Agreement in restraint of fraud (d) Wagering Agreement.
290. A contract of telephone becomes complete at;: place where an acceptance is heard. In
which
291. Where both the parties to an agreement ar. under a mistake as to a matter of fact
esseni
to an agreement is
(a) Void
(b) Voidable
(c) invalid
292. If the compensation agreed to be paid in the event of the breach of contract is
excessive and highly disproportionate, the amount thus fixed, is called
(b) Penalty
() Unliquidated damages
(a) Adequate
[U.P. Judicial Service Civil Judge (Junior Division (Prelim.) Exam, 2016]
Contract Act, 1872 shall not be deemed to be within the meaning of Order XXlll ku 3 of Code
of Civil Procedure, 1908
(a) void
(b) voidable
(c) illegal
(d) lawful
(a) Void
(b) Valid
(c) Voidable
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(d) legal
297. Under Indian Contract Act, 1872, if the time is essence of a contract and the promisor
fails to perform the contract by the specified time, the
contract
an0 Which one of the following statements is true under Indian Contract Act, 1872?
ia) When there exists no standard to ascertain the actual damage caused by performance
non-
(b) When the act agreed to be done is such that compensation in money, for its non-
performance would not afford adequate relief
agreemernt
(0) Minor is allowed to enforce such contract when other party makes no objection
301, Under Indian Contract Act, 1872, destruction
D) Discharge by impossibility
302, In case of breach of contract, the principle for (a) Carlil v. Carbolic Smoke Ball
Company assessment of damages are given in
b) Hyde v. Wrench
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303. 'A contract on telephone becomes complete at the place where acceptance is heard'. In
which of the following cases it has been held? (a) Bhagwandas v. Girdharilal
304. "X applied for the principalship of a local college and the governing body passed a
resolution appointing him. After the meeting, one of the members of the governing body
privately informed him of the resolution. Subsequently, the resolution was rescinded. X
claims damages.
(d) The governing body cannot rescind the resolution once passed, so X can claim
damages.
305. The first case on the Doctrine of frustration' as decided by the Supremne Court of India
is
(a) Raja Dhruv Dev v. Raja Harmohinder Singh (b) Sushila Devi v. Hari Singh
306. 'C let a music hall to X for a series of music concerts for certain days. The hall was
completely destroyed by fire before the scheduled date of concerts. In this case
the
307. I, a usual customer of B, orders certain goods on the day on which B transfers his
business to the plaintiff. The plaintiff accepts the order and supplies the goods. Thereupon, J
refuses to pay alleging that he has intended to contract only with B since he is having a set
off against him. J
Page 47
(a) Has no liability to pay the price because he has never intended to contract with the
plaintiff.
(b) Is liable to pay as he has already been supplied in response to his order
(c) s liatble to pay because the plaintiff has supplied the goods as the agent of B
308. Which one of the following observations is most appropriate of the given problem?
"A agrees to serve B as his house keeper and also to live in adułtery with him at a fixed
salary of Rs 400 per Month"
(a) The agreement is void as a part of it is lawful and the other part is unlawful
(c) The agreement is void as the lawful portion is not severable from unlawful portion. (d)
The first portion of the agreement being lawful is a contract whereas the later portion is void.
309. Which contract is specifically enforceable? (a) Contract by "B to deliver a lecture of law
at Jabaipur University
(b) It is between parties competent to contract (c) It is by the free consent of the parties (d)
All of these
311. A farmer promises to pay B Rs 500 if it rains in the third week of June. t rains in the
third week of June. The agreement is
312. Which among the following is generally referred to as the subtle species of fraud ?
313. X transfers possession or custody of the farmiand to his son, S. S shall pay rent or a
Page 48
lease fee in return. S only receives custody and control of the property, but X still owns it. X
is
thus responsible for paying the property tayes and is liable for what happens on the land,
(b) Bailment
to create an agency?
(b)
(c)
(c) Valid to the extent of that interest (d) Entire contract is valid 316. Section
to
317. An employer asks his employee/servant to sell his servant's goods at a price for less
than the market price/fair price. Servant can avoid the contract on the ground
(b) Coercion
318. An offer was sent by post, the acceptor wrote "accepted on the letter, put it in his
drawer and forgot about it. The transaction is a
319. In which case it was held that when charge o pledge is enforced by way of sale of the
pledged or hypothecated goods the sale is for cOnsideration and falls within the ambit or
section 2(xxi) of Limitation Act
(a) Federa! Bank Ltd v. State of Kerela
(c) Jatinder Nath v. Chopra Land Developers (d) None of the above
Page 49
t here the acceptance to an offer is sent by the
frere by an e-mail:
pNstal rule will be applied for the prse of. determining the communication aeptane, as also
the place and time of
ntract
The nept (eipient) ule will be applied r the purpose of determining the ammunication of
acceptance, as also the plae and tìme of contract.
Which of the following propositions is nernct about the doctrine of frustration of ontract:
ia) The event which causes frustration must have occurred without the fault of either party
) Frustration puts an end to a contract independently of the volition of the parties at the time
of the frustrating event (automatic discharge).
i) A contract Is not frustrated by an event arising from an act or election of the promisor
id The doctrine of frustration is applicable when the rights and obligations of the parties arise
under a transfer of property under a lease.
() Novation of contract
a) Change in contract
contract
b) Every promise and every set of promises, forming the consideration for each other, is
an agreement.
agreements enforceable by law are Contracts and valid. But all agreements are
Page 50
324. Under The Indian Contract Act, 1872, a Contract to perform the promise or discharge
the liability of a third person in case of his default:
325. In which of the following case, presumption of contract to the contrary under section
230 of The Indian Contract Act, 1872, shall not be presumed?
(a) Where the contract is made by an agent for the sale or purchase of goods for a merchant
resident abroad.
(b) Where the principal does not disclose the name of his agent.
(a) Knowledge of the correct facts of the case. (b) Interest of the person ratifying, in the
case. (c) Right of the person ratifying, in the case.
(d) Liability of the person ratifying, in the case. 327. As per Section 58 of the Indian Contract
Act,
1872, in the case of an alternative promise, one branch of which is legal and the other illegal,
(c) the legal branch alone can be enforceable. (d) None of the above.
328. As per Section 142 of the Indian Contract Act 1872, a guarantee obtained by
misrepresent- tation made by the creditor, is
(a) void.
(b) voidable
(c) valid.
(d) invalid.
329. When the damages cannot be assessed, the party may be awarded by the cout
Page 51
S30,Non east factum' means
(b) document executed under erion (c) docunment exeruted under undue influene (d)
document exeuted outside India
promissory estoppel?
(b) Liquidated Damages: Dunlop Pneumatic Tyre Co. Ltd. v. New Garage & Motor Co. Ltd.
(c) Impossibility of performance: Alopi Parshad & Sons Ltd. v. Union of India
(a) rescission
(b) novation
(c) renovatiorn
(d) alteration
Page 52
(c) minor personally and his property both
liable
337. Indian Contract Act, 'A' Guru (spiritua advisor) induced the Chela (his ddevotee) o gift
him the whole of his property to secure
(a) Void
(b) Voidable
(c) Valid
(d) Immoral
338. Indian Contract Act, Finder of a lost thine which is commonly the subject of sale, mav
sell it when lawful charges of the finder, in respect of the thing find amount to.
339. Indian Contract Act, "A" hires a carriage of "8". The carriage is unsafe though "B" is not
aware of it and "A" is injured then what will be consequence of it?
(b) Bis responsible to A for injury (c) Both are contributory negligent (a) No one is
responsible for A's injury 340. Indian Contract Act, if a promisee accepts the anticipatory
breach by promisor then
(a) the promisee need not perform his part of contract but not entitled to claim damages from
promisor
(b) the promisee need not perform his part o contract but entitled to claim damages from
promisor only after the date of performance of
(c) the promisee need not perform his part contract but entitled to claim damages frot
promissory without waiting till the date of performance
(d) the promisee must perform his Part contract before claiming damages
caused to him by the conduct of the promisor himself, ,or by the conduct of any other person
is called:
Page 53
ta) Comtract of gtarantee ) Contact of srety
tndist Contract
picture for B up to Dec. 31 and cOepts ar advanee of Rs. 1000/-. Aftet making of the
oontraet, A's hands are chopped off in an