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Mercantile Laws Test - 11

Description: Mercantile Laws Test - 11
Number of Questions: 40
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Tags: Mercantile Laws Test - 11 Mercantile Laws Sequence and Series
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Relations of partners to one another is dealt and governed by the following Section of The Indian Partnership Act, 1932

  1. 1-8

  2. 9-17

  3. 18-27

  4. 28-36


Correct Option: B

Following conditions are implied in a contract of sale of goods unless the circumstances of the contract show a different intention

  1. condition as to wholesomeness

  2. sale by description as well as by sample

  3. condition as to quality or fitness

  4. all of these


Correct Option: D

A proposal may be revoked in the following ways

  1. by notice of revocation

  2. by lapse of time

  3. by death or insanity

  4. all of these


Correct Option: D

Jus in personam means

  1. a right against or in respect of a thing

  2. a right against or in respect of a person

  3. both (1) and (2)

  4. none of these


Correct Option: B

Delivery of goods in case of transit made by handing over documents of title to goods is

  1. actual delivery

  2. constructive delivery

  3. symbolic delivery

  4. all of these


Correct Option: C

A wagering agreement is

  1. a promise to give money or money’s worth upon the determination or ascertainment of an uncertain future event

  2. money’s worth upon the determination or ascertainment of a certain future event

  3. a promise to give money or money’s worth upon the happening of future event the outcome of which is predetermined

  4. a promise to give money or money’s worth upon the non-happening of certain future events the outcome of which is predetermined


Correct Option: A

Coercion involves

  1. physical force or threat

  2. mental pressure

  3. both (1) and (2)

  4. none of these


Correct Option: A

Which of the following is correct?

  1. Recission must be communicated to the other party in the same manner as a proposal is communicated.

  2. Recission must be revoked in the same manner as a proposal is communicated.

  3. Communication of recission is optional.

  4. Both (1) and (2)


Correct Option: D

A share certificate

  1. Allows the person named therein to transfer the share mentioned therein by mere endorsement on the back of the certificate.

  2. Allows the person named therein to transfer the share mentioned therein by mere delivery of the certificate.

  3. Allows the person named therein to transfer the share mentioned therein by mere endorsement on the back of the certificate and the delivery of the certificate.

  4. None of these


Correct Option: D

A fraudulently informs B that A`s estate is free from incumbrance. B thereupon buys the estate. The estate is subject to mortgage. Now

  1. B may avoid the contract

  2. B may insist upon its performance

  3. B may get the mortgage debt redeemed

  4. All of these


Correct Option: D

Which of the following statement is / are correct?

  1. The general rule is “ unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not”.

  2. Where the delivery of the goods has been delayed through the fault of either the buyer or the seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.

  3. In ordinary circumstances, risk is borne by the buyer only when the property in the goods passes over to him. However, the parties may by special agreement stipulate that risk will pass sometime after or before the property has passed.

  4. All of these


Correct Option: D

Implied authority of the partner does not empower him to

  1. submit a dispute relating to the business of the firm to arbitration

  2. withdraw a suit or proceedings filed on behalf of the firm.

  3. both (1) and (2)

  4. none of these


Correct Option: C

Dissolution of a firm may take place in the following manner

  1. compulsory dissolution

  2. dissolution by agreement

  3. by intervention of the court

  4. all of these


Correct Option: D

A person may be admitted as a new partner

  1. in accordance with a contract between the existing partners or with the consent of all the existing partners

  2. in accordance with a contract between the existing partners or with the consent of all the existing partners subject to the provisions of Section 30 of the Act

  3. after obtaining specific approval of the Registrar of Firms and Societies, to this effect

  4. by simply taking the consent of the new partner


Correct Option: B

Misrepresentation means and includes

  1. the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true

  2. any breach of duty, which, without an intention to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him

  3. causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement

  4. all of these


Correct Option: D

The Doctrine of Privity of Contract states that

  1. a contract cannot confer any right on one who is not a party to the contract, even though the very object of the contract may have been to benefit him

  2. a contract can confer right on one who is not a party to the contract, if the contract benefits him

  3. a contract always confers right on one who is not a party to the contract

  4. a contract can confer rights on strangers


Correct Option: A

In case of a contract of guarantee

  1. there is only one contract

  2. there are two contracts

  3. there are three contracts

  4. there are actually only agreements and no contracts


Correct Option: C

The Indian Contract Act, 1872 came into operation on and from

  1. 1st October, 1872

  2. 1st July, 1872

  3. 15th August, 1872

  4. 1st September, 1872


Correct Option: D

A proposes by letter, to sell a house to B at a certain price. A revokes his proposal by telegram. The revocation is complete as against B when

  1. A writes the telegram but the same has not been sent to B

  2. A dispatches the telegram

  3. B receives the telegram

  4. B responds to the telegram


Correct Option: C

Contracts may be classified on the basis of their validity, formation or performance. Contracts classified on the basis of performance are of which of the following types?

  1. executed contracts

  2. executory contracts

  3. partly executed or partly executory contracts

  4. all of these


Correct Option: D

A person employed to do any act for another or to represent another in dealings with the third parties is

  1. principal

  2. agent

  3. servant

  4. bailee


Correct Option: B

In case of a sale, the risk of loss resulting from the insolvency of the buyer is borne by

  1. the seller

  2. the buyer

  3. both of these

  4. the insurance company


Correct Option: A

Agreement to sale is an

  1. executed contract

  2. executory contract

  3. both of the above

  4. none of these


Correct Option: B

Contracting parties may not remain same in

  1. remission

  2. recission

  3. novation

  4. alteration


Correct Option: C

Suit for specific performance & suit for injunction

  1. are remedies which provide the same result

  2. are different remedies and they provide different results

  3. are not the correct way to act against the party committing the breach

  4. are the only correct way to act against the party committing the breach


Correct Option: B

The liabilities of a minor when admitted to the benefits of the partnership

  1. is confined to his share of the profits and property in the firm

  2. is same as that of any other partner in the firm

  3. is similar as that of any other partner in the firm

  4. is unlimited


Correct Option: A

Recission means

  1. substituting a new contract for the old one

  2. cancellation of the old contract

  3. modifying or altering the terms of contract such that it has the effect of substituting a new contract for the old one

  4. dispensing away the performance of the promise made by the other party


Correct Option: B

A person to whom money has been paid, or anything delivered by mistake,

  1. becomes the owner of such money or those goods

  2. must repay the money or return those goods

  3. is allowed to sell the goods and retain the money realized from such sale

  4. has no obligation to return the money, he may do so only as a good gesture


Correct Option: B

Delivery by attornment is

  1. actual delivery

  2. constructive delivery

  3. symbolic delivery

  4. physical delivery


Correct Option: B

Registration of a partnership firm is

  1. compulsory from the beginning

  2. not compulsory till first five years of beginning of the partnership

  3. not compulsory at all

  4. compulsory only if the Registrar of Firms, gives an order in this regard


Correct Option: C

Partner by holding out is also known as

  1. active partner

  2. dormant partner

  3. partner by estoppel

  4. partner by stoppage


Correct Option: C

In case of an agreement to sell, the aggrieved party

  1. can sue for price

  2. can sue for damages

  3. can sue the buyer for injunction

  4. none of these


Correct Option: B

Buyer means a person who

  1. buys goods

  2. agrees to buy goods

  3. has bought goods

  4. buys or agrees to buy goods


Correct Option: D

Interest on capital subscribed by a partner may be provided for in the partnership deed is

  1. @ 6% per annum, provided it is payable only out of profits

  2. @ 8% per annum, provided it is payable only out of profits

  3. @ 8.5% per annum, provided it is payable only out of profits

  4. at any rate, provided it is payable only out of profits


Correct Option: D

A had offered B, a price of Rs.10, 00,000/- for B's flat. But B was not ready to sell the flat at all. A says to B that “I shall kill you if you don't agree to sell me your house for Rs.10, 00,000/-”. B thereafter did all that was the desire of A in order to save his life. What is the immediate answer?

  1. A can enforce the contract.

  2. B can enforce the contract.

  3. A has applied coercion.

  4. The contract is unenforceable.


Correct Option: C

A had offered B, a price of Rs.10, 00,000/- for B's flat. But B was not ready to sell the flat at all. A says to B that “I shall kill you if you don't agree to sell me your house for Rs.10, 00,000/-”. B thereafter did all that was the desire of A in order to save his life. Choose the most suitable statement for the purpose of finding out remedy for B.

  1. A has applied coercion.

  2. A has done fraud with B.

  3. A is guilty of misbehaving with B.

  4. A has an anti-social nature.


Correct Option: A

The appropriation must be made by

  1. the seller with the assent of the buyer

  2. the buyer with the assent of the seller

  3. the buyer or the seller with or without the assent of the other

  4. both (1) and (2)


Correct Option: D

Return of goods is possible in case of

  1. sale

  2. bailment

  3. exchange

  4. none of these


Correct Option: B

Which of the following is not correct?

  1. Partner of firm cannot enter into a contract with the partnership firm.

  2. A member of a company can enter into a contract with the company.

  3. Partner of a firm can enter into a contract with the partnership firm.

  4. All of these


Correct Option: A

Dissolution by agreement is

  1. dissolution by the adjudication of all the partners or of all the partners but one as insolvent

  2. dissolution as a result of any agreement between all the partners

  3. dissolution by the business of the firm becoming unlawful

  4. all of these


Correct Option: B
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