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Mercantile Laws Test - 12

Description: Mercantile Laws Test - 12
Number of Questions: 40
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Tags: Mercantile Laws Test - 12 Mercantile Laws
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In case of an agreement to sale, if the seller becomes insolvent while the goods are in his possession, the buyer`s remedy

  1. is to claim the goods from the official receiver or assignee

  2. is to claim dividend from the estate of the seller for the price paid

  3. is not available

  4. is to file a suit for damages


Correct Option: B

Which of the following is/are the goods as per Section 2(7) of the Sale of Goods Act, 1930?

  1. Trademark

  2. Goodwill

  3. Patent

  4. All of these


Correct Option: D

An agency is said to be irrevocable where agency cannot be terminated or put to an end. An agency is irrevocable in which of the following cases?

  1. Where the agency is coupled with interest and the interests exists before the creation of the agency or where the agent has incurred personal liability.

  2. Where the agency is coupled with interest but the interest arises after the creation of the agency or where the agent has incurred personal liability.

  3. Where the agent has incurred personal liability.

  4. None of these


Correct Option: A

Essentials involved in appropriation of the goods are

  1. the goods should conform to the description and the quality stated in the contract

  2. the goods must be in a deliverable state

  3. the goods must be unconditionally appropriated to the contract either by delivery to the buyer or to agent or the carrier

  4. all of these


Correct Option: D

An unpaid seller loses the right of lien under the following circumstance(s):

  1. Where the seller so conducts himself that he leads third parties to believe that the lien does not exist.

  2. Where seller has waived the right of lien.

  3. Where the buyer or his agent lawfully obtains possession of the goods.

  4. All of these


Correct Option: D

Which of the following is not correct?

  1. Coercion involves physical force.

  2. Undue influence involves physical force.

  3. Coercion need not be directed at the promisor.

  4. Undue influence is always exercised between the parties to the contract.


Correct Option: B

The heir of the deceased partner

  1. has a right to become a partner in the firm of the deceased partner

  2. does not have a right to become a partner in the firm of the deceased partner

  3. can become a partner in the firm of the deceased partner only if the surviving partners give their consent in this regard

  4. both (1) and (3)


Correct Option: D

One person can contract with himself or with himself and others jointly

  1. no at least two persons or parties must be involved

  2. yes as the contract is between the individual and others jointly

  3. yes if there is a formal agreement

  4. none of these


Correct Option: A

Which of the following is correct?

  1. A wagering agreement is void.

  2. A contingent contract is valid.

  3. A wagering agreement is void while a contingent contract is valid.

  4. None of these


Correct Option: C

State which of the following is correct?

  1. There is not much difference in the nature of a partnership from the nature of a HUF.

  2. There is considerable difference in the nature of a partnership from the nature of a HUF.

  3. There is difference in the nature of a partnership from the nature of a HUF because unlike the nature of a HUF, the nature of a partnership is voluntary and contractual.

  4. There is not much difference in the nature of a partnership from the nature of a HUF because both involve a certain interest of a particular individual.


Correct Option: C

An agency can be created by the following ways

  1. agency by actual authority

  2. agency by ratification

  3. agency by ostensible authority

  4. all of these


Correct Option: D

The cardinal principle of partnership law implies that

  1. the business must be carried on by all the partners or by anyone or more of the partners acting for all

  2. the business may be carried on by all the partners acting for all

  3. the business may be carried on by anyone or more of the partners acting for all

  4. the business must be carried on in accordance with the decided profit (loss) sharing ratio


Correct Option: A

In case of a public company

  1. there should be at least seven members and maximum number of members should not exceed fifty

  2. there should be at least seven members and maximum number of members should not exceed hundred

  3. there should be at least two members and maximum number of members should not exceed fifty

  4. there should be at least seven members and there is no restriction on the maximum number of members


Correct Option: D

Silent is fraudulent in the following cases

  1. if the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak

  2. where the circumstances are such that silence is in itself equivalent to speech

  3. both (1) and (2)

  4. none of these


Correct Option: C

The features of a Quasi Contract are as follows:

  1. Such contracts do not arise from any agreement of the concerned parties. It is imposed by law.

  2. Such a right is always a right to money, very often a right to a liquidated sum of money.

  3. It is a right available against a particular person or persons only, not against the world at large.

  4. All of these


Correct Option: D

The relationship of principal and agent may arise by

  1. express or implied agreement

  2. ratification

  3. operation of law

  4. all of these


Correct Option: D

An agency coupled with interest does not come to an end in case of the following

  1. death of the principal

  2. insanity of the principal

  3. insolvency of the principal

  4. all of these


Correct Option: D

The following are the essential elements which need to co-exist in order to make a valid contract

  1. offer and acceptance

  2. intention to create legal acceptance

  3. capacity of parties - competency

  4. all of these


Correct Option: D

The test of good faith as provided under Section 33(1) of the Indian Partnership Act, 1932 requires the following:

  1. That the expulsion must be in the interest of the partnership.

  2. That the partner to be expelled is served with a notice.

  3. That he is given an opportunity of being heard.

  4. All of these


Correct Option: D

The essential elements of a partnership

  1. must coexist before a partnership can come into existence

  2. may be brought in within a reasonable time of a partnership coming into existence

  3. may be brought in any time either during the creation of partnership or even thereafter

  4. may not coexist before a partnership can come into existence, but they must coexist within one year of a partnership coming into existence


Correct Option: A

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. property in goods does not pass to the bailee and instead there is transfer of possession of goods takes place from bailor to the bailee for a specific reason


Correct Option: D

There are __________ kinds of delivery.

  1. three

  2. four

  3. five

  4. two


Correct Option: A

A registered firm cannot claim a set off exceeding the __________ in a proceeding instituted against the firm or any partner thereof.

  1. Rs. 1000/-

  2. Rs. 100/-

  3. Rs. 500/-

  4. Rs. 10,000/-


Correct Option: B

In case of an agreement to sell, the ownership in the goods remains with

  1. the buyer

  2. the seller

  3. both the buyer and the seller

  4. the Central Government or the State Government, as the case may be


Correct Option: B

The maxim 'delegatus non potest delegare' means

  1. a person whom authority has been given cannot delegate the authority to another

  2. a person whom authority has been given can delegate the authority to another with prior permission

  3. a person whom authority has been given to indemnify agent for injury caused by principal's neglect can be delegated

  4. an authority can be delegated under protest by the person to whom authority has been given


Correct Option: A

When two parties exchange identical offers in ignorance at the time of each other`s offer, the offers are called

  1. standing offer

  2. open offer

  3. identical offers

  4. cross offer


Correct Option: D

Goods which are to be manufactured or produced or acquired by the seller after making the contract of sale are known as

  1. specific goods

  2. existing goods

  3. future goods

  4. unascertained goods


Correct Option: C

A person who is mentally deranged due to some mental strain or other personal experience and suffers from intermittent intervals of sanity and insanity is

  1. idiot person

  2. lunatic person

  3. intoxicated person

  4. all of these


Correct Option: B

Expulsion of a partner, which is not in accordance with provisions of Section 33 of the Indian Partnership Act, 1932 is

  1. null and void

  2. null and void to some extent

  3. is unconstitutional

  4. in good faith and in the interest of the partnership


Correct Option: A

The matter relating to passing of property in case of goods sent on approval or on sale or return basis is dealt in the Section _________ of The Sale of Goods Act, 1930.

  1. 25

  2. 26

  3. 24

  4. 20


Correct Option: C

Dissolution of partnership means

  1. dissolution of partnership between all the partners of a firm

  2. insolvency of all the partners

  3. both of these

  4. none of these


Correct Option: B

If the buyer is insolvent,

  1. the seller cannot exercise the right of stoppage in transit

  2. the seller cannot exercise the right of lien

  3. the seller can exercise the right of lien

  4. the seller can exercise the right of stoppage in transit


Correct Option: C

There can be a stranger to a consideration but not a stranger to a contract, signifies that a consideration may move from

  1. promisee or any other person

  2. promisee

  3. promisor

  4. an independent person


Correct Option: A

A Hindu widow borrowed money from a lender for the purpose of filing a suit for maintenance. The lender advanced money at 100 percent rate of interest. The act of the money lender is induced by

  1. coercion

  2. undue influence

  3. fraud

  4. misrepresentation


Correct Option: B

The law dealing with the partnerships is contained in

  1. The Indian Partnership Act, 1932

  2. The Indian Partnership Act, 1930

  3. The Indian Partnership Act, 1872

  4. The Indian Partnership Act, 2006


Correct Option: A

When performance of promise becomes impossible or illegal by occurrence of an unexpected event or change of circumstances beyond the contemplation of parties, the contract becomes void. The situation is dealing with

  1. remission

  2. recission

  3. supervening impossibility

  4. alteration


Correct Option: C

X, Y, Z are partners in a firm and X becomes insolvent. Than

  1. the firm has to dissolve by default

  2. the firm may not be dissolved unless there is any agreement between the partners to do so

  3. the status of the firm becomes illegal from the date of adjudication of X as an insolvent

  4. X remains a partner, unless the firm is dissolved


Correct Option: A

A contingent contract is

  1. a contract to do something if some event collateral to such contract does or does not happen

  2. a contract not to do something if some event collateral to such contract does or does not happen

  3. a contract to do or not to do something if some event collateral to such contract does or does not happen

  4. a contract to do or not to do something if some event collateral to such contract does not happen


Correct Option: C

A & B were partners for 16 years. A pays B a premium of Rs.5, 000/-. At the end of 8 years there is dispute between A & B and they declare dissolution.

  1. A can get back entire amount of the premium paid by him to B.

  2. A can get back a reasonable part of the premium.

  3. A can get back Rs.2,500/- from B.

  4. A cannot get back any amount of the premium paid by him.


Correct Option: B

Arun had deposited a bag in the cloak room of a railway station by paying Rs. 50. On the face of the ticket, issued to him. Were inscribed “see reverse for terms & conditions”. Clause 10 of the printed terms & conditions limited the liability of the company for loss of a baggage to Rs. 100. The bag was lost and Arun claimed Rs. 650 as its value.

  1. Arun was not bound by the conditions on the back of the ticket as he had not read them at all.

  2. Arun was bound by the conditions on the back of the ticket even if he had not read them.

  3. Arun was not bound by the conditions on the back of the ticket as his claim was 13 times more than the compensation offered to him by the railway company.

  4. Arun was bound by the conditions on the back of the ticket as he had not read them in full.


Correct Option: B
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