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CPT Law

Description: Indian Contract Act 1872 The Indian Contract Act , 1872
Number of Questions: 26
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Tags: Indian Contract Act 1872 The Indian Contract Act , 1872
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The Indian Contract Act came into force w.e.f. _______.

  1. April 1, 1872

  2. September 1, 1872

  3. March 1, 1882

  4. April 15, 1987

  5. None of these


Correct Option: B
Explanation:

The Indian Contract Act came into force w.e.f. September 1, 1872.

Which of the following persons are not disqualified from contracting by law?

  1. Foreign diplomatic staff

  2. Insolvent persons

  3. Pardanashin women

  4. Convicts

  5. Persons from the countries are at war with host country.


Correct Option: C
Explanation:

A pardanashin woman can make valid contract.

A minor can be

  1. a promisor in an agreement

  2. a principal

  3. a partner in a newly formed firm with the consent of all the partners

  4. insolvent

  5. agent


Correct Option: E
Explanation:

A minor can be an agent, but his principal is bound by his acts.

Which of the following is correct?

  1. A minor as a partner can participate in the management of firm.

  2. A minor as a partner can inspect the books of firm.

  3. A minor as partner can sue other partners for his share while remaining in the firm as partner.

  4. A minor as a partner has to leave the firm necessarily when he attains the age of majority.

  5. None of these


Correct Option: E
Explanation:

All the options are incorrect.

A contract is valid, if it is created by

  1. mistake as to any law enforcable in India

  2. mistake as to any law of foreign country

  3. mistake of fact to both the parties

  4. mistake regarding the existence of subject matter

  5. None of these


Correct Option: A
Explanation:

It is a valid contract because mistake of ignorance of law is not an excuse.

Which of the following is not an unlawful consideration?

  1. A consideration opposed to public policy

  2. A consideration that defeats the provision of law

  3. A consideratin that is not endorsed by law

  4. Future consideration

  5. All of these


Correct Option: D
Explanation:

A consideration may be past, present and future.

Consensus ad idem means

  1. meeting of minds

  2. making the offer

  3. accepting the offer

  4. rejecting the offer

  5. meeting of hearts


Correct Option: A
Explanation:

Consensus ad idem means meeting of minds.

Under which section(s) of Contract Act is 'Consent' defined?

  1. Section 20, 21 and 22

  2. Section 18

  3. Section 17

  4. Section 16

  5. Section 13


Correct Option: E
Explanation:

It is the correct answer.

An agreement that is enforcable at the option of one of the parties, but not at the option of the other party is called ______.

  1. valid contract

  2. void contract

  3. voidable contract

  4. void agreement

  5. illegal contract


Correct Option: C
Explanation:

An agreement that is enforcable at the option of one of the parties, but not at the option of the other party is called voidable contract

The consideration should

  1. be sufficient

  2. be illusory

  3. be lawful

  4. not be present in valid contract

  5. be in cash only


Correct Option: C
Explanation:

The consideration should be lawful.

Which of the following is not correct?

  1. The parties to a valid contract must not be of unsound mind.

  2. The parties to a valid contract must not be of the age below majority.

  3. The parties to a valid contract must not be disqualified by law from contracting.

  4. The parties to a valid contract must not be from the same country.

  5. The parties to a valid contract must not be agreed on the same thing in the same sense.


Correct Option: D
Explanation:

It is not necessary that the parties to a contract should belong to the same country.

If the meaning of agreement is not certain, it becomes _____.

  1. contingent contract

  2. void

  3. voidable contract

  4. illegal contract

  5. none of these


Correct Option: B
Explanation:

It is the correct answer.

Which of the following is the correct meaning of the maxim 'lex non cogit ad impossibilia'?

  1. An agreement to do impossible act is valid.

  2. An agreement to do an impossible act is void.

  3. Let the buyer beware.

  4. Let the seller beware.

  5. An agreement to do impossible act is voidable.


Correct Option: B
Explanation:

It is the correct answer.

Which of the following contracts stands on the groud of equity?

  1. Express contract

  2. Implied contract

  3. Void contract

  4. Quasi contract

  5. Contingent contract


Correct Option: D
Explanation:

It is the correct answer.

A contract made otherwise than in writing or in words is ______.

  1. implied contract

  2. wagering contract

  3. contingent contract

  4. quasi contract

  5. formal contract


Correct Option: A
Explanation:

It is the correct answer.

A contract that ceases to be enforcable by law is called

  1. void agreement

  2. void contract

  3. valid contract

  4. contingent contract

  5. wagering contract


Correct Option: B
Explanation:

It is the correct answer.

A contract where both the parties have fulfilled their respective obligations is called

  1. executory contract

  2. unilateral contract

  3. bilateral contract

  4. executed contract

  5. none of these


Correct Option: D
Explanation:

It is correct answer.

Which of the following is not correct?

  1. An illegal agreement is definitely void.

  2. A void agreement is essentially an illegal contract.

  3. All contracts are agreements.

  4. An illegal agreement is illegal ab initio.

  5. An illegal agreement has wider scope than void agreement.


Correct Option: B
Explanation:

It is not correct. A void agreement is not essentially illegal.

Which of the following is not an essential condition for an offer?

  1. The offerer and offeree must be distinct persons.

  2. It shows willingness or intention to do or to abstain from doing a particular thing.

  3. It is made to get the consent of other party.

  4. It must be endorsed or permitted by law.

  5. It should always be accepted by other party.


Correct Option: E
Explanation:

It is not correct as offer is not always bound to be accepted. It may be rejected also.

Mr. Divesh sent a proposal on December 31, 2011 to Madhav offering him to sell his car for Rs. 1,50,000. Meanwhile, Mr. Madhav, ignorant of such offer, also sent a proposal to Mr. Divesh on December 31, 2011 to buy his car for Rs. 1,50,000. It is _____.

  1. valid contract

  2. counter offer

  3. cross offer

  4. standing offer

  5. acceptance of offer


Correct Option: C
Explanation:

It is called cross offer.

Which of the following is not correct?

  1. A specific offer may be accepted by anyone.

  2. A general offer may be accepted by anyone.

  3. An offer must be communicated to the concerned person.

  4. An offer is not the same as an invitation to offer.

  5. Statement of price is not an offer.


Correct Option: A
Explanation:

It is not correct as specific offer can be accepted only by definite person or group to whom it is made.

Which of the following is not correct about lapse of offer?

  1. An offer lapses, if it is not accepted in prescribed mode.

  2. An offer lapses, if it is not accepted in stipulated or reasonable time.

  3. An offer lapses, if it is revoked by offerer before it is accepted.

  4. An offer lapses, if it is revoked after its acceptance.

  5. An offer lapses, if it is subsequently forbidden by law before it is accepted.


Correct Option: D
Explanation:

It is not the correct statement.

Which of the following is not true about acceptance?

  1. Acceptance must be absolute and unqualified.

  2. Acceptance may be implied from the silence of offeree.

  3. Acceptance must be in prescribed mode only.

  4. Acceptance must be communicated.

  5. Acceptance cannot precede an offer.


Correct Option: B
Explanation:

It is not correct. If the offeree does not respond to offer, it does not become acceptance.

Rytham writes a letter to Somya offering to sell jewellery. The letter is written on 15 June. However, it is posted on 17 June. The letter reaches to Somya on 20 June. She writes back a letter accepting the offer on 22 June. The letter reaches to Rytham on 25 June. On which of the following dates is the communication of offer complete?

  1. 15 June

  2. 17 June

  3. 20 June

  4. 22 June

  5. 25 June


Correct Option: C
Explanation:

It is correct as communication of offer is considered complete when it reaches to the offeree.

Which of the following is not an exception to the maxim 'no consideration, no contract'?

  1. Promise made on account of love and affection

  2. Contract of agency

  3. Complete gifts

  4. Pension given to retired employee

  5. Contract of guarantee given to bank for the loan taken by friend


Correct Option: D
Explanation:

It is the correct answer. The pension given to retired employee is an example of past consideration, i.e. services given in the past.

Rytham writes a letter to Somya offering to sell jewellery. The letter is written on 15 June. However, it is posted on 17 June. The letter reaches to Somya on 20 June. She writes back a letter accepting the offer on 22 June. The letter reaches to Rytham on 25 June. Rytham wants to revoke her offer. She can revoke her offer latest by

  1. 15 June

  2. 17 June

  3. 20 June

  4. 22 June

  5. 25 June


Correct Option: D
Explanation:

It is the correct answer. Rytham can revoke the offer till 22 June.

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