Indian Contract Act, 1872

Description: Indian Contract Act, 1872 Quiz
Number of Questions: 14
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What is the minimum age required to enter into a valid contract under the Indian Contract Act, 1872?

  1. 18 years

  2. 21 years

  3. 16 years

  4. 14 years


Correct Option: A
Explanation:

According to the Indian Contract Act, 1872, a person must be at least 18 years of age to enter into a valid contract.

What is the essential element of a valid contract?

  1. Offer and Acceptance

  2. Consideration

  3. Capacity to Contract

  4. All of the above


Correct Option: D
Explanation:

All of the above elements are essential for a valid contract. Offer and Acceptance create the agreement, Consideration provides the value for the exchange, and Capacity to Contract ensures that the parties are legally capable of entering into the contract.

What is the difference between an express contract and an implied contract?

  1. Express contracts are written, while implied contracts are oral.

  2. Express contracts are created by the parties' words, while implied contracts are created by their conduct.

  3. Express contracts are more formal than implied contracts.

  4. All of the above


Correct Option: D
Explanation:

All of the above statements are true. Express contracts are created by the parties' words, while implied contracts are created by their conduct. Express contracts are more formal than implied contracts, and express contracts are written, while implied contracts are oral.

What is the rule of caveat emptor?

  1. Let the buyer beware

  2. Let the seller beware

  3. Neither the buyer nor the seller is responsible for any defects in the goods sold

  4. Both the buyer and the seller are responsible for any defects in the goods sold


Correct Option: A
Explanation:

Caveat emptor is a Latin phrase that means "let the buyer beware". It is a principle of law that states that the buyer is responsible for inspecting the goods before purchasing them and that the seller is not responsible for any defects in the goods that the buyer could have discovered by inspection.

What is the difference between a void contract and a voidable contract?

  1. A void contract is illegal, while a voidable contract is legal.

  2. A void contract cannot be enforced by law, while a voidable contract can be enforced by law.

  3. A void contract is created by mistake, while a voidable contract is created by fraud or misrepresentation.

  4. All of the above


Correct Option: D
Explanation:

All of the above statements are true. A void contract is illegal, while a voidable contract is legal. A void contract cannot be enforced by law, while a voidable contract can be enforced by law. A void contract is created by mistake, while a voidable contract is created by fraud or misrepresentation.

What is the doctrine of frustration of contract?

  1. A contract is frustrated when it becomes impossible to perform due to an unforeseen event.

  2. A contract is frustrated when it becomes too expensive to perform.

  3. A contract is frustrated when one of the parties breaches the contract.

  4. None of the above


Correct Option: A
Explanation:

The doctrine of frustration of contract states that a contract is frustrated when it becomes impossible to perform due to an unforeseen event that was not caused by either party. In such cases, the contract is discharged and neither party is liable for any damages.

What is the difference between a guarantee and a warranty?

  1. A guarantee is a promise to perform a certain act, while a warranty is a promise that a certain fact is true.

  2. A guarantee is more formal than a warranty.

  3. A guarantee is created by law, while a warranty is created by the parties to the contract.

  4. None of the above


Correct Option: A
Explanation:

A guarantee is a promise to perform a certain act, while a warranty is a promise that a certain fact is true. Guarantees are more formal than warranties, and guarantees are created by law, while warranties are created by the parties to the contract.

What is the rule of anticipatory breach of contract?

  1. If one party to a contract repudiates the contract before the time for performance arrives, the other party can treat the contract as breached and sue for damages.

  2. If one party to a contract repudiates the contract after the time for performance arrives, the other party cannot treat the contract as breached and sue for damages.

  3. Both of the above

  4. None of the above


Correct Option: A
Explanation:

The rule of anticipatory breach of contract states that if one party to a contract repudiates the contract before the time for performance arrives, the other party can treat the contract as breached and sue for damages. This is because the repudiation is a clear indication that the party who repudiated the contract does not intend to perform it.

What is the difference between a penalty and a liquidated damages clause?

  1. A penalty is a sum of money that is payable if a contract is breached, while liquidated damages are a sum of money that is payable if a contract is not performed.

  2. A penalty is more severe than liquidated damages.

  3. A penalty is created by law, while liquidated damages are created by the parties to the contract.

  4. All of the above


Correct Option: D
Explanation:

All of the above statements are true. A penalty is a sum of money that is payable if a contract is breached, while liquidated damages are a sum of money that is payable if a contract is not performed. Penalties are more severe than liquidated damages, and penalties are created by law, while liquidated damages are created by the parties to the contract.

What is the rule of mitigation of damages?

  1. A party who has suffered damages as a result of a breach of contract must take reasonable steps to minimize those damages.

  2. A party who has suffered damages as a result of a breach of contract cannot recover any damages if they could have taken reasonable steps to minimize those damages.

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

The rule of mitigation of damages states that a party who has suffered damages as a result of a breach of contract must take reasonable steps to minimize those damages. If a party fails to take reasonable steps to minimize their damages, they cannot recover any damages that could have been avoided.

What is the difference between a condition and a warranty?

  1. A condition is a fundamental term of a contract, while a warranty is a minor term of a contract.

  2. A breach of a condition gives the innocent party the right to rescind the contract, while a breach of a warranty does not.

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

Both of the above statements are true. A condition is a fundamental term of a contract, while a warranty is a minor term of a contract. A breach of a condition gives the innocent party the right to rescind the contract, while a breach of a warranty does not.

What is the rule of uberrimae fidei?

  1. The rule of uberrimae fidei requires parties to a contract to disclose all material facts that could affect the other party's decision to enter into the contract.

  2. The rule of uberrimae fidei applies to all types of contracts.

  3. A breach of the rule of uberrimae fidei can give the innocent party the right to rescind the contract.

  4. All of the above


Correct Option: D
Explanation:

The rule of uberrimae fidei requires parties to a contract to disclose all material facts that could affect the other party's decision to enter into the contract. The rule of uberrimae fidei applies to all types of contracts, and a breach of the rule of uberrimae fidei can give the innocent party the right to rescind the contract.

What is the difference between a novation and a rescission?

  1. A novation is a new contract that replaces an existing contract, while a rescission is a cancellation of an existing contract.

  2. A novation requires the consent of all parties to the existing contract, while a rescission does not.

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

Both of the above statements are true. A novation is a new contract that replaces an existing contract, while a rescission is a cancellation of an existing contract. A novation requires the consent of all parties to the existing contract, while a rescission does not.

What is the rule of unjust enrichment?

  1. A person who has been unjustly enriched at the expense of another person must make restitution to that person.

  2. The rule of unjust enrichment is based on the principle that no one should be allowed to profit from their own wrongdoing.

  3. The rule of unjust enrichment can be applied to a variety of situations, including cases of fraud, mistake, and duress.

  4. All of the above


Correct Option: D
Explanation:

The rule of unjust enrichment requires a person who has been unjustly enriched at the expense of another person to make restitution to that person. The rule of unjust enrichment is based on the principle that no one should be allowed to profit from their own wrongdoing. The rule of unjust enrichment can be applied to a variety of situations, including cases of fraud, mistake, and duress.

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