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Indian Contract Act 1872

Description: Practice Questions on Indian Contract Act 1872
Number of Questions: 15
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Tags: Indian Contract Act 1872 The Indian Contract Act , 1872
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In case of breach of contract of sale of some rare article or thing for which there is no substitute in the market, the court may grant ________________.

  1. quantum meruit

  2. rescission

  3. specific performance

  4. injunction

Show answer
Correct Option: C
Explanation:

Specific performance is an order of a court that requires a party to perform a specific act, which is stated in a contract.

Assignment by operation of law takes place _____________________

  1. by the mutual consent of the parties

  2. by the will of either party

  3. when the subject matter of a contract ceases to exist

  4. by the death of a party to contract

Show answer
Correct Option: D
Explanation:

Assignment by operation of law takes place by the death or retirement of a party to contract.

Ena contracts to marry Farry. Before the agreed date of marriage, Ena marries Kamal. Here Farry is entitled to sue Ena for

  1. anticipatory breach in an express manner

  2. actual breach in an express manner

  3. anticipatory breach in an implied manner

  4. actual breach in an implied manner

Show answer
Correct Option: C
Explanation:

Farry is entitled to sue Ena for anticipatory breach in an implied manner.

Rahul owes Rs. 10, 000 to Nakul under a contract. It is agreed between Rahul, Nakul and Bhim that Nakul shall henceforth accept Bhim as his debtor instead of Rahul for the same amount. Old debt of Rahul is discharged, and a new debt from Bhim to Nakul is contracted. This is a/an ______________.

  1. alteration of contract

  2. rescission of contract

  3. novation of contract

  4. all of the above

Show answer
Correct Option: C
Explanation:

A novation ordinarily arises when a new individual assumes an obligation to pay that is incurred by the original party to the contract.

In case of anticipatory breach, the damages will be assessed

  1. from the date on which the breach occurred

  2. from the promised date of performance

  3. from the date the court instructs

  4. from the date as desired by the promisee

Show answer
Correct Option: D
Explanation:

The damages will be assessed from the date as desired by the promisee.

Which of the following damages are measured on the basis of extent of shock to the sentiments of promisee?

  1. Vindictive

  2. Nominal

  3. Loss of reputation

  4. Discomfort

Show answer
Correct Option: A
Explanation:

Vindictive damages are measured on the basis of extent of shock to the sentiments of promisee.

An executory consideration is __________________.

  1. the consideration, promised by executive of a company

  2. the consideration, which consists simply of a mutual exchange of promisee, each being a consideration for the other

  3. the consideration, which should be executed on the future date

  4. the consideration, which should be executed before the court

Show answer
Correct Option: C
Explanation:

An executory consideration is a consideration that should be executed on the future date.

In which of the following cases, the promisor must apply for the performance?

  1. Where no time for performance is specified, and the promise is to be performed without demand by the promisee.

  2. Where no place for performance is specified, and the promise is to be performed without demand by the promisee.

  3. Where time for performance is specified, and the promise is to be performed without demand by the promise

  4. Where place for performance is specified, and the promise is to be performed without demand by the promise.

Show answer
Correct Option: B
Explanation:

The promisor must apply for the performance where no place for performance is specified, and the promise is to be performed without demand by the promisee.

The contract of general insurance is a _____________.

  1. contingent contract

  2. wagering contract

  3. gaming contract

  4. contract of gambling

Show answer
Correct Option: A
Explanation:

The contract of general insurance is a contingent contract because the terms are not final, and are based on certain events or conditions occurring.

If a person is enjoying the benefits of a lawful non-gratuitous act of another, the person

  1. is liable to compensate the other person

  2. has to perform the same non-gratuitous act in return

  3. is not liable to compensate the other person

  4. cannot claim any compensation

Show answer
Correct Option: A
Explanation:

A person enjoying the benefits of a lawful non-gratuitous act of another is liable to compensate that person for these benefits, which are to be originally used by latter.

Mere silence is not fraud unless____________________.

  1. the silence is deceptive

  2. there is a change in the circumstances to be brought to the notice of other party

  3. there is a duty to speak

  4. all of the above

Show answer
Correct Option: C
Explanation:

Mere silence is not fraud, unless there is a duty to speak.

If the time fixed for performance of the contract has expired but the time is not essential, what is the remedy of the promisee in this case?

  1. He can rescind the contract.

  2. He can claim compensation.

  3. No remedy is available.

  4. Cannot be determined

Show answer
Correct Option: B
Explanation:

When time is not essential, promisee can claim compensation for delay in work.

Santa posts a letter of offer on 15th December, which is received by Banta on 18th December. On 20th December, Banta posts a letter of acceptance, which is received by Santa on 24th December. When does the acceptance of offer complete against Santa?

  1. 15th December

  2. 18th December

  3. 20th December

  4. 24th December

Show answer
Correct Option: C
Explanation:

Banta has posted his acceptance on 20th December to Santa. The communication of an acceptance is completed against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor.

Which of the following is not a valid contract?

  1. A verbal promise made without consideration to compensate the person who has already done something voluntarily or has done something, which the promisor was legally bound to do.

  2. A written promise to pay time barred debt.

  3. Completed gifts between parties who do not stand in a near relation to each other

  4. A promise to pay Rs. 1000 p.m. to wife for her maintenance by a Hindu husband through a registered document after referring to quarrels.

Show answer
Correct Option: D
Explanation:

A promise to pay Rs.1000 p.m. to wife for her maintenance by a Hindu husband through a registered document after referring to quarrels is not a valid contract.

Gippy contracts with Diljeet to deliver possession of a house under construction within a period of six months; failing which he would pay the monthly rental of Diljeet. The monthly rental payable by Gippy for Diljeet is in the nature of _________.

  1. penalty

  2. liquidated damages

  3. exemplary damages

  4. special damages

Show answer
Correct Option: A
Explanation:

The amount fixed is considered to be a penalty, if it is not based upon a reasonable calculation of actual loss, but is fixed by a way of punishment and as a threat.

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