0

Offer and Acceptance (UGC/NET)

Description: Legal Aptitude
Number of Questions: 15
Created by:
Tags: Legal Aptitude Offer, Acceptance and Consideration
Attempted 0/15 Correct 0 Score 0

Which of the following is the most authentic mode of communication of acceptance when a particular mode of communication of acceptance is not prescribed and the parties are not in each other's presence?

  1. Telephone

  2. Telegraph

  3. Wireless

  4. Letter

  5. Any of the above


Correct Option: D
Explanation:

Letter is the most feasible, secured and perfect way to communicate an acceptance. Letter, being in written, constitutes a proof of the acceptance.

When the promisor offers to perform his obligation under the contract to the promise, it is called

  1. novation

  2. offer to performance

  3. tender of performance

  4. rescission

  5. None of the above


Correct Option: B
Explanation:

Under the Indian Contract Act, performance of contract includes actual performance or offer to perform. Offer of promise is when the promisor offers performance of his obligation under the contract at the proper time and place.

Which of the following is a contract implied by law?

  1. Contingent contract

  2. Quasi contract

  3. Expressed contract

  4. Implied contract

  5. None of the above


Correct Option: B
Explanation:

A contract implied by law is known as a quasi contract. A quasi contract is not an actual contract but is a legal substitute formed to impose equity between two parties. This contract is made when a court finds it appropriate to create an obligation upon a non-contracting party to avoid injustice and to ensure fairness.

A contract is deemed to be made at which of the following places when the acceptance is by a letter?

  1. Where the proposer resides

  2. Where the acceptor resides

  3. Where the letter of acceptance is transmitted

  4. Where the letter of acceptance is received

  5. Any of the above


Correct Option: C
Explanation:

A contract is deemed to be made where the letter of acceptance is transmitted by the acceptor.

Which of the following are the promises which form the consideration or the part of consideration for each other?

  1. Reciprocal promises

  2. Mutual promises

  3. Contingent promises

  4. Both 1 and 2

  5. None of the above


Correct Option: A
Explanation:

When both parties of a contract (promisor and promisee) fulfil the legal obligations which are created under a contract, it is called performance of contract. These promises which form consideration or the part of the consideration for each other are called reciprocal promises. As per Section 2(f) of the Indian Contract Act, promises which form the consideration or the part of consideration for each other are called reciprocal promises.

Identify the mode(s) of revocation of an offer.

  1. Notice of revocation

  2. Lapse of time

  3. Death of offeror

  4. Insanity of offeror

  5. All of the above


Correct Option: E
Explanation:

All of the above are valid methods by which an offer can be revoked or cancelled.

Which of the following is a gratuitous or bare promise that is devoid of consideration?

  1. Res extinct

  2. Uberrima fides

  3. Nudum pactum

  4. Ex contractu

  5. None of the above


Correct Option: C
Explanation:

A nudum pactum is a Latin phrase which means bare or naked promise. It refers to a promise that is not legally enforceable for want of consideration.

Which of the following cases do(es) not have a communication of acceptance?

  1. Cashing of a cheque

  2. Fall of hammer in an auction sale

  3. Keeping an agreement in a drawer

  4. All of the above

  5. None of the above


Correct Option: C
Explanation:

Keeping an agreement in a drawer is an evidence of the fact that the acceptor had mentally accepted but had not expressed his mental determination and retention of the agreement. Thus, it is not sufficient acceptance.

Offer comes from which of the following when goods are displayed in a shop window with price tags attached to them?

  1. Shop owner

  2. General public

  3. Customer

  4. All of the above

  5. None of the above


Correct Option: C
Explanation:

The display of goods in a shop with price tags attached is not an offer. It is merely an invitation to offer. The customer makes an offer to buy, subject to acceptance by shopkeeper.

Which of the following statements about a valid acceptance of an offer is incorrect?

  1. Acceptance should be absolute and unqualified.

  2. Acceptance should be in the prescribed manner.

  3. Acceptance should be made while the offer is subsisting.

  4. Acceptance should in all cases be through registered post.

  5. None of the above


Correct Option: D
Explanation:

Acceptance should be made in a manner prescribed by the offeror in the contract. No such provision has been prescribed under the contract law that the acceptance in all cases should be through registered post.

Companies XYZ and ABC agreed that XYZ shall pay ABC Rs. 1000, for which ABC shall afterwards deliver to XYZ either rice or smuggled opium. Which of the following is the type of contract in relation to the facts given above?

  1. Void contract

  2. Valid contract to deliver rice

  3. Wagering contract

  4. Contingent contract

  5. None of the above


Correct Option: B
Explanation:

According to Section 58 of the Indian Contract Act, in case of an alternative offer and acceptance (one branch of which is legal and the other illegal), the legal branch alone can be enforced. Illegal will be void. Thus, the contract is valid to deliver rice and void to deliver smuggled opium.

Which of the following offers is/are implied?

  1. Bid at an auction

  2. Catalogue of charges

  3. Consuming eatables at a restaurant

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

All of the above are implied offers.

An agreement not enforceable by law is said to be

  1. void contract

  2. voidable contract

  3. quasi contract

  4. illegal contract

  5. None of the above


Correct Option: A
Explanation:

Under the law of contract, an agreement is a promise forming the consideration for each other. When an agreement is brought about by compulsion, it is enforceable by law. Where an agreement under the contract act is not enforceable by law, it is a void agreement. Void means not valid.

An offer may be accepted

  1. only by the person to whom it is made

  2. by any person though it is not made to him

  3. by the person who comes to know about it

  4. by any member of the public

  5. None of the above


Correct Option: A
Explanation:

Section 2(b) of the Indian Contract Act states that when a person to whom the proposal is made signifies his assent, the proposal is said to be accepted. Thus, an offer may be accepted only by the person to whom it is made.

Which of the following correctly explain(s) the term “consensus ad idem” in offer and acceptance under the Indian Contract Law?

  1. Intention to contract

  2. Meeting of minds

  3. Theme of contract

  4. All of the above

  5. None of the above


Correct Option: B
Explanation:

It is a Latin term which means meeting of minds. If two parties enter into an agreement, both parties must have the same understanding of the terms used in the agreement.

- Hide questions