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Mercantile Laws Test - 13

Description: Mercantile Laws Test - 13
Number of Questions: 40
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Tags: Mercantile Laws Test - 13 Mercantile Laws
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Which of the following is correct?

  1. The liability of partners of a firm is unlimited

  2. Generally the liability of a member of a company is limited but it can be unlimited

  3. The liability of partner of firm is same as a member of any company

  4. All of these


Correct Option: C

Under Section 201 of The Indian Contract Act, 1872, the termination of an agents' authority can be caused due to

  1. revocation of authority by the agent

  2. renunciation of agency by the principal

  3. both (1) and (2)

  4. neither of (1) or (2)


Correct Option: D

An offer may be made to which of the following?

  1. A particular person

  2. A particular group or body of persons

  3. The public at large i.e. the whole world

  4. All of the above


Correct Option: D

The following are the requisites of a valid ratification of a contract of agency

  1. the whole transaction can be ratified

  2. ratification must be communicated to the party who is sought to be bound by the act done by the agent

  3. ratification can be of the acts which the principal had the power to do

  4. all of the above


Correct Option: D

The following is not a 'document of title to goods'

  1. bill of lading

  2. dock-warrant

  3. stamped acknowledgement for receipt of goods

  4. warehouse keeper's certificate


Correct Option: C

An agreement induced by mistake of fact is void if the following conditions are fulfilled

  1. both the parties must be under the same mistake

  2. the mistake must be as to some fact

  3. the fact must be essential to the agreement

  4. all of the above


Correct Option: D

Contracts may be classified on the basis of their validity, formation or performance.Contracts classified on the basis of formation are of the following types

  1. express contracts

  2. implied contracts

  3. quasi contracts

  4. all of the above


Correct Option: D

Implied authority of the partner does not empower him to

  1. open a bank account on behalf of the firm in his own name

  2. compromise or relinquish any claim or portion of a claim by the firm against an outsider

  3. both of the above

  4. none of the above


Correct Option: C

A condition may be treated as warranty in the following cases

  1. where the buyer altogether waives the performance of the condition

  2. where the buyer elects to treat the breach of condition as one of a warranty

  3. in both of the above situations

  4. in some other situations, but not in the above situations


Correct Option: C

Compulsory Dissolution includes

  1. dissolution by the adjudication of all the partners or of all the partners but one as insolvent

  2. dissolution by the business of the firm becoming unlawful

  3. both (1) and (2)

  4. none of the above


Correct Option: C

The difference in consideration under English law and Indian law are

  1. under English law past consideration is no consideration whereas under Indian law past consideration is good consideration

  2. under English law consideration must move from the promisee only and no other person whereas under Indian law consideration may move from the promisee or any other person

  3. under English law formal contracts i.e. one which is one in writing do not require any consideration whereas under Indian law all contracts are required to be supported by consideration.

  4. all of the above


Correct Option: D

Ratification by a minor of a contract entered during minority, even after he attains majority is not allowed.

  1. The above statement is correct.

  2. The above statement is partly correct.

  3. The above statement is incorrect.

  4. The above statement is irrelevant.


Correct Option: A

A contract between A, B and C was executed whereby A pays money to B for delivering some goods to C. C has not paid any consideration. Can C enforce the agreement?

  1. Yes, as he is the beneficiary of trust.

  2. Yes but the same can only be done jointly with A.

  3. No as C did not pay the consideration.

  4. A and only A can enforce the agreement.


Correct Option: A

In case of sale

  1. property in goods does not pass to the buyer

  2. risk in the goods does not pass to the buyer

  3. both (1) and (2)

  4. none of the above


Correct Option: D

A void contract is a contract without any legal effect and cannot be enforced in a Court of law. The following are instances of void contracts

  1. agreements entered under mistake of fact

  2. agreements by way of wager

  3. agreements made without consideration

  4. all of the above


Correct Option: D

In case of bailment

  1. property in goods passes to the bailee at the time of contract

  2. property in goods passes to the bailee upon the payment of the last installment

  3. property in goods can pass to the bailee at any time after the contract

  4. none of these


Correct Option: D

The rights of a minor when admitted to the benefits of the partnership include

  1. right to share of the property and profits of the firm as may be agreed upon

  2. right to have access to and inspect and copy of the account of the firm

  3. right to cast his vote on the question of appointment of the managing partner

  4. (1) & (2) but not (3)


Correct Option: D

Acceptance is deemed to take place when the buyer

  1. intimates to the seller that he had accepted the goods

  2. does any act to the goods, which is inconsistent with the ownership of the seller

  3. retains the goods after the lapse of a reasonable time, without intimating to the seller that he has rejected them

  4. either (1) or (2) or (3)


Correct Option: D

Which of the following is correct

  1. liability of a partner in a partnership firm is unlimited

  2. liability of a member of a HUF is unlimited

  3. both (1) and (2)

  4. none of these


Correct Option: A

An offer made to a definite person who can be accepted by the specified person only is

  1. special offer

  2. accepted offer

  3. general offer

  4. standing offer


Correct Option: A

Agreement to share profits ______________.

  1. implies an agreement to share losses

  2. does not necessarily mean an agreement to share losses

  3. must be coupled with an agreement to share losses

  4. is same as agreement to share losses


Correct Option: B

Actual Sale of future goods is

  1. impossible

  2. possible through an agreement to sell

  3. illegal

  4. a myth


Correct Option: B

A contracts to pay B Rs.1,00,000 if the latter's house is burnt to ashes. This is an example of

  1. contingent contract

  2. quasi-contract

  3. guarantee

  4. bailment


Correct Option: A

The position of a stranger to a contract and that of the stranger to a consideration is

  1. partially different

  2. partially same

  3. entirely different

  4. same


Correct Option: C

Goods are said to be in a deliverable state when

  1. the buyer may take delivery of them

  2. the buyer would, under contract, be bound to take delivery of them

  3. the seller is in a position to deliver them

  4. all of these


Correct Option: B

A directs B who is a solicitor to sell his estate by auction and to employ an auctioneer for this purpose. B names C, an auctioneer, to conduct the sale. The status of C for the sale is

  1. C is an agent of A

  2. C is a sub-agent of A

  3. C is an agent of B

  4. C is neither an agent of A nor of B


Correct Option: A

Any act committed by a party to a contract, or with his connivance or by his agent with intent to deceive another party thereto or his agent, or to induce him to enter into a contract is said to be

  1. coercion

  2. undue influence

  3. fraud

  4. misrepresentation


Correct Option: C

Doctrine of Caveat Emptor is laid down in the section _________ of the sale of goods act, 1930.

  1. 16

  2. 10

  3. 17

  4. 20


Correct Option: A

A contract to do or not to do something if some event, collateral to such contract does or does not happen is

  1. a contingent contract

  2. a wagering contract

  3. illegal

  4. void


Correct Option: A

A agrees to pay B, Rs. 5,00,000/- if A is able to go to a foreign tour in the forthcoming week. It is

  1. a wagering contract

  2. a contingent contract

  3. both (1) and (2)

  4. not a contract at all


Correct Option: B

X proposes by a letter sent by post to sell his house to Y. Y accepts the proposal by a letter sent by post. The letter of acceptance is in the course of transmission to X. Y

  1. cannot revoke his acceptance

  2. may revoke his acceptance at any time before the letter communicating the acceptance reaches X but not afterwards

  3. may revoke his acceptance at any time after the letter communicating the acceptance reaches X

  4. can revoke only after the prior approval of X


Correct Option: B

A bus plying on the road is an example of

  1. invitation to treat an offer

  2. mere communication of information in the course of negotiation

  3. statement of intention

  4. offer


Correct Option: D

Consideration may be gratuitous or non-gratuitous

  1. in case of sale

  2. in case of bailment

  3. in both the above cases

  4. in no case


Correct Option: B

Tender for supply of goods is an offer, which is allowed to remain open for acceptance over a period of time. Such offers are

  1. cross offer

  2. general offer

  3. standing offer

  4. unlimited offer


Correct Option: C

Expressed conditions are those

  1. which are agreed upon between the parties at the time of the contract

  2. which are presumed by law to be present in the contract

  3. both (1) and (2)

  4. none of these


Correct Option: A

Right of lien and right of stoppage in transit

  1. actually mean the same right

  2. are actually similar rights

  3. are consequential or sequential in nature, i.e. the end of right of lien is the starting point of the right of stoppage in transit

  4. are rights available to any seller of goods


Correct Option: C

Goodwill of the partnership business can be regarded as

  1. the property of the firm

  2. the property of the firm, subject to a contract between the partners to this effect

  3. the property of the firm, irrespective of a contract between the partners to this effect

  4. the property of the firm, subject to order of the High Court to this effect


Correct Option: B

A minor when admitted to the benefits of the partnership

  1. is liable for all the liabilities of the firm in person

  2. is liable for all the liabilities of the firm through his properties

  3. is never liable for any of the liabilities of the firm

  4. is liable in accordance with the provisions of sub-section (3) of section 30 of the Indian partnership act, 1932


Correct Option: D

Sanju took a medical insurance from Deadly Diseases Insurance & Claim Corporation of Asia (DDICCA) through one of its agent, Manju. Sanju signed whatever documents were placed before her by Manju in good faith. The documents contained the fact that Sanju was healthy, fit and fine whereas she was actually suffering from chronic asthma and acute allergy. Sanju did not take care to suggest the changes in the documents and the policy was issued based on the above submissions.

  1. Sanju is well protected because she relied on Manju in all good faith.

  2. Sanju is well protected because Manju never specifically asked here about the above issues and so she remained silent.

  3. Sanju has a duty to speak and disclose the above issues.

  4. Sanju has no duty to speak and disclose the above issues. It is the duty of DDICCA and its representatives to ask whatever is required.


Correct Option: C

A & B are partners in a partnership firm. A introduced C, a former partner, as his partner to D. C remained silent at that moment, but later on informed D that he is actually a former partner of the firm. C had not issued any public notice in the year of his retirement from the partnership firm. D, a trader knowing well that only A & B are the partners of the firm, supplied 500 refrigerators to the firm on credit. The credit period expired and D did not get the price of his supplies. D filed a suit against A & C for the recovery of price. In light of the above circumstances answer which of the following is correct

  1. C is liable for the price to D, only if the element of fraudulent intention is present

  2. C is liable for the price to D, irrespective of the fact, whether the element of fraudulent intention is present or not

  3. C is not liable for the price to D

  4. C is liable to D because he had not issued any public notice of his retirement from the partnership firm


Correct Option: C
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