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Contract Law

Description: Aptitude for Law entrance
Number of Questions: 15
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Tags: Aptitude for Law entrance Law of Contracts-General Principles
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Raman entered into a contract with Sohan to pay him a sum of Rs. 3000 if India wins the World Cup, while Sohan to pay Rs. 3000 to Raman if India did not win the World Cup. It is a

  1. contingent contract

  2. wagering contract

  3. goodwill contract

  4. voidable contract

  5. both contingent and wagering contract


Correct Option: B
Explanation:

A wagering contract is one where two persons hold opposite views on a future uncertain event and mutually agree that depending on the determination of that event, one shall win from the other and then other shall pay a sum of money. So, the above mentioned contract is a wagering contract.

A change of nature of the obligation of a contract is known as

  1. novation

  2. rescission

  3. alteration

  4. repudiation

  5. None of these


Correct Option: C
Explanation:

An alteration is a variation made in the language or terms of a legal document that affects the rights and obligations to the parties to contract. An alteration of an instrument materially changes it.

A contract of life insurance, the performance of which depends upon a future event, falls under the category of

  1. contract of indemnity

  2. contract of guarantee

  3. contingent contract

  4. special type of contract

  5. None of these


Correct Option: C
Explanation:

A contingent contract is a contract to do or not to do something if some event collateral to such contract does not happen. A contingent contract depends upon the happening or non-happening of a certain event. If such event takes place, then a contingent contract becomes valid and if that uncertain event does not take place, then a contingent contract becomes void. A contract of life insurance, the performance of which depends upon a future event, falls under the category of a contingent contract.

Damages mean

  1. compensation in terms of money for the loss suffered by the injured party

  2. compensation for the loss of profits to the injured party

  3. compensation for the loss of business reputation to the injured party

  4. compensation for the loss of social prestige to the injured party

  5. All of the above


Correct Option: A
Explanation:

Damages mean the monetary compensation that is awarded by a court in a civil action to an individual who has been injured due to wrongful conduct of another party.

Quantum merit means

  1. as much as is earned

  2. in proportion to the work done

  3. Both 1 and 2

  4. Neither 1 nor 2

  5. lawful amount


Correct Option: C
Explanation:

Both options are correct. Quantum merit means what one has earned or a sum according to the proportion of work done.

A material alteration made in a written contract by one party without the consent of the other will make the contract

  1. void

  2. voidable

  3. illegal

  4. unenforceable

  5. None of these


Correct Option: A
Explanation:

A material alteration made in a written contract by one party without the consent of other will make the contract void and no person can make an action upon it. Thus, it falls under 'discharge of contract by operation of law'.

Which of the following is the most common remedy for breach of contract?

  1. Damages

  2. Specific performance

  3. Injunction

  4. Quantum merit

  5. All of the above


Correct Option: A
Explanation:

Damages are the most common remedy for breach of contract. When compensatory damages are awarded, a court orders the person who breached the contract to pay the other person enough money to what they had promised in contract.

A contract may be discharged by mutual agreement between the parties. It is called

  1. rescission or cancellation of contract

  2. alteration of contract

  3. novation of contract

  4. repudiation of contract

  5. None of these


Correct Option: A
Explanation:

Rescission means termination of a contract by mutual agreement between the parties or as a result of some legal defect or as a result of fraud, etc. Under rescission, both the parties are discharged from the obligations of a contract.

Non est factum means

  1. document executed in ignorance

  2. document executed under coercion

  3. document executed under undue influence

  4. document executed outside India

  5. None of these


Correct Option: A
Explanation:

A claim of non est factum means that the signature on a contract was signed by mistake, without the knowledge of its meaning, but was not done so negligently. A successful plea makes the contract void ab initio.

A agrees to sell to B a specific cargo of goods supposed to be on its way from London to Mumbai. Before the day of bargain, the ship has been cast away and the goods were lost. Neither party was aware of these facts. The agreement is

  1. void

  2. voidable

  3. enforceable

  4. unenforceable

  5. None of these


Correct Option: A
Explanation:

Where both the parties to an agreement are under a mistake as a matter of fact, the agreement is void in such a case. As in the above case, both the parties were not aware of the facts that the ship has cast its way. Thus, the agreement is void under Section 20 of the Indian Contract Act.

If the performance of contract becomes impossible because the subject matter of contract has ceased to exist, then

  1. both the parties are liable

  2. neither party is liable

  3. only offerer is liable

  4. only acceptor is liable

  5. None of these


Correct Option: B
Explanation:

A contract to do an act, which after the contract is made, becomes impossible by reason of some event, which the promisor could not prevent, becomes void when the contract becomes impossible. Thus, neither party is liable for the non-performance of contract.

The transfer of contractual rights or liabilities by a party to contract to some other person who is not a party is known as

  1. accord of contract

  2. assignment of contract

  3. novation of contract

  4. rescission of contract

  5. None of these


Correct Option: B
Explanation:

A contract of assignment is one when original parties to contract gives the obligations and benefits of  contract to another party. Whereas where a party assigns only the benefits of contract and retain the obligations, it is called assignment of rights.

Which of the following statements is incorrect?

  1. The litigant has a right to wait till the last day of limitation.

  2. Sufficient cause in Section 5 must receive a liberal construction so as to advance substantial justice.

  3. The sufficient cause is a question of fact and not a question of principle.

  4. A plea that the delay was due to administrative reasons is sufficient by itself to establish sufficient cause.

  5. None of these


Correct Option: D
Explanation:

A plea that the delay was due to administrative reasons is not sufficient by itself to establish sufficient cause. It is merely an averment in the nature of a plea and it does not itself establish sufficiency for cause of action.

A contingent contract is

  1. dependent or conditional upon the happening or non-happening of a future event or contingency

  2. dependent or conditional upon the happening of a future event or contingency

  3. independent or unconditional contract

  4. None of these

  5. All of the above


Correct Option: A
Explanation:

A contingent contract is a contract to do or not to do something if some event collateral to such contract does not happen. A contingent contract depends upon the happening or non-happening of a certain event. If such event takes place, then a contingent contract becomes valid and if that uncertain event does not take place, then a contingent contract becomes void.

If the sum fixed by the parties represents a genuine pre-estimate of the probable damages that is likely to result from the breach, it is

  1. liquidated damages

  2. penalty

  3. special damages

  4. general damages

  5. unliquidated damages


Correct Option: A
Explanation:

Liquidated damages are damages whose amount is designated during the formation of a contract for the injured party to collect as compensation upon a specific breach.

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