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Mercantile Laws Test - 10

Description: Mercantile Laws Test - 10
Number of Questions: 40
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Tags: Mercantile Laws Test - 10 Mercantile Laws
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Which of the following is correct?

  1. A minor can be admitted as a partner provided the partnership deed is signed by the guardian of the minor on behalf of and in the best interest of such minor.

  2. A minor can enter into a contract of partnership provided it is a 'necessity' and not a 'luxury'.

  3. A minor cannot be admitted as a partner unless all the partners agree to it.

  4. A minor can be admitted to the benefits of partnership.


Correct Option: D

As per Section 11 of The Indian Contract Act, 1872 every person is competent to contract provided he

  1. is of the age of majority according to the law to which he is subject

  2. is of sound mind

  3. is not disqualified from contracting by any law to which he is subject

  4. all of these


Correct Option: D

Necessary condition for existing goods is

  1. they should be in existence at the time of the contract of sale

  2. they should be owned or possessed by the seller

  3. both of the above

  4. none of these


Correct Option: C

Which of the following are the characteristics of a contingent contract?

  1. The performance of a contingent contract depends upon the happening or nonhappening of a certain event in future.

  2. The event must be uncertain.

  3. The event must be collateral to the main contract.

  4. All of these


Correct Option: D

Agency by ostensible authority may happen in the following ways:

  1. By estoppel

  2. By a legal presumption

  3. By holding-out

  4. All of these


Correct Option: D

The action of goods being physically delivered to the buyer is known as

  1. actual delivery

  2. constructive delivery

  3. symbolic delivery

  4. all of these


Correct Option: A

A tells his wife that he would commit suicide, if she did not transfer her personal assets to him. She does so under his threat.

  1. The wife can avoid the contract

  2. The wife cannot avoid the contract

  3. The husband can enforce the contract

  4. Both (2) and (3)


Correct Option: A

Which of the following agreements are void?

  1. An agreement to share the salary of a public officer.

  2. An agreement to sell a religious office.

  3. An agreement with the objective of procuring a public post.

  4. All of these.


Correct Option: D

In case of a hire - purchase the hirer

  1. can pass a goods title to a bonafide purchaser

  2. cannot pass a goods title to a bonafide purchaser

  3. can choose whether to pass or not to pass the goods title to a bonafide purchaser

  4. all of these


Correct Option: B

A sold some land to B. At the time of sale both the parties believed to be in good faith that the area of the land sold was 10 hectares. It however, turned out that the area was 7 hectares only. How is the contract of sale affected?

  1. The agreement is void

  2. The agreement is illegal

  3. The agreement is impossible

  4. All of these


Correct Option: A

Which one of the following is a legal requirement regarding consideration?

  1. Consideration should move at the desire of the promise.

  2. Consideration may move from promisee or any other person.

  3. Consideration may be past, present or future.

  4. All of these


Correct Option: D

In case of a firm carrying on the business other than banking

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

  2. there should be at least two members and maximum number of members should not exceed ten

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

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


Correct Option: C

Which of the following conditions is/are implied in a contract of sale of goods unless the circumstances of the contract show a different intention?

  1. Condition as to title

  2. Sale by description

  3. Sale by sample

  4. All of these


Correct Option: D

Exceptions to the statement “No consideration, no contract” are the following.

  1. No consideration is required to create an agency as also in the case of completed gifts.

  2. A promise made without consideration is valid if it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt, which is barred by the Law of Limitation.

  3. A promise made without any consideration is valid if it is a promise to compensate wholly or in part a person who has already voluntarily done something for the promisor or something which the promisor was legally compellable to do.

  4. All of these


Correct Option: D

The distinction between fraud and misrepresentation are the following:

  1. Misrepresentation is innocent whereas fraud is deliberate or willful.

  2. In misrepresentation the person making the suggestion believes it to be true while in case of a fraud he does not believe it to be true.

  3. In misrepresentation there can be no suit for damages whereas in fraud there can be a suit for damages.

  4. All of these


Correct Option: D

True test of partnership is

  1. sharing of profits

  2. sharing of profits and losses

  3. mutual agency

  4. existence of an agreement to share profits of the business


Correct Option: C

The essential elements of a partnership at will are

  1. no period has been fixed by the partners for its duration

  2. there is no provision in the partnership agreement for its determination

  3. both (1) and (2)

  4. none of these


Correct Option: C

Where a person asserts something which is not true, though he believes it to be true, his assertion amounts to

  1. coercion

  2. undue Influence

  3. fraud

  4. misrepresentation


Correct Option: D

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

  1. Lawful consideration

  2. Lawful agreement

  3. Free consent

  4. All of these


Correct Option: D

_____________ does not exist.

  1. Liability for special damages

  2. Liability for exemplary damages

  3. Liability for nominal damages

  4. Liability for disciplinary damages


Correct Option: D

The test of good faith as required under Section 33(1) includes 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 the partner to be expelled is given an opportunity of being heard.

  4. All of these


Correct Option: D

The communication of an acceptance is complete as against the acceptor,

  1. when it is put in course of transmission to him so as to be out of reach of the acceptor

  2. when it comes to the knowledge of the proposer

  3. when both the proposer and the acceptor declare the acceptance

  4. when the acceptor accepts his acceptance in a court of law


Correct Option: B

Total substitution of new contract in place of the old contract takes place in case of

  1. remission

  2. recission

  3. novation

  4. alteration


Correct Option: C

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

  1. death of the principal

  2. insanity of the principal

  3. insolvency of the principal

  4. death or insanity or insolvency of the principal


Correct Option: D

Profits of a partnership firm must be distributed among the partners as per the partnership deed while the profits of a company

  1. must be distributed to its shareholders

  2. may or may not be distributed to its shareholders

  3. may or may not be distributed to its board of directors, shareholders and other stakeholders

  4. are not distributable at all


Correct Option: B

Delivery which is effected without any change in the custody or actual possession of the thing is known as

  1. actual delivery

  2. symbolic delivery

  3. constructive delivery

  4. none of these


Correct Option: C

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

The principle evolved in the case of Garner v. Murray (1904) is

  1. deficiencies in the capital of the insolvent partner are distributed among the solvent partners in the ratio of their capital

  2. partners have a fiduciary relationship with each other

  3. partners liability is unlimited

  4. partners can make supernatural profits, provided proper disclosures are made in this regard


Correct Option: A

Discharge by mutual agreement may involve

  1. novation

  2. recission

  3. alteration

  4. novation, recission and alteration


Correct Option: D

The latin maxim “Nemo dat quod non habet” means

  1. an eye for an eye and a tooth for a tooth

  2. never dare to quarrel with a good seller

  3. no one can give what he has not got

  4. let the buyer beware


Correct Option: C

Right of lien is to

  1. retain possession

  2. regain possession

  3. remove possession

  4. recharge possession


Correct Option: A

Quasi - contracts arise

  1. where obligations are created without a contract

  2. where obligations are created under a contract

  3. out of natural causes

  4. out of man-made causes


Correct Option: A

Rules regarding delivery of goods are dealt in the __________ of the Sale of Goods Act, 1930.

  1. Sections 33-39

  2. Sections 20-24

  3. Sections 18-24

  4. Sections 33-32


Correct Option: A

Non - registration of a partnership firm

  1. is a criminal offence

  2. renders the partnership illegal

  3. is compulsory to activate the partnership

  4. is not compulsory but desirable


Correct Option: D

The rule stated under Section 26 of the Sale of Goods Act, 1930 is subject to _________ exceptions.

  1. 1

  2. 2

  3. 3

  4. 4


Correct Option: B

A and 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 also issued public notice in the year of his retirement from the partnership firm. D, a trader 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

  2. C is liable for the price to D, irrespective of the fact, whether C remained silent or not

  3. C is not liable for the price to D

  4. None of these


Correct Option: C

A contracts to pay B Rs. 5,00,000/- if B`s house is destroyed by fire. It is

  1. a wagering contract

  2. a contingent contract

  3. a wagering contract plus a contingent contract

  4. neither a contingent contract nor a wagering contract


Correct Option: B

A person who finds goods belonging to another and takes them into his custody

  1. becomes the owner of those goods thereafter

  2. is subject to the same responsibility as a bailee

  3. is allowed to sell them and retain the money realized from such sale

  4. has no obligation to return those goods, he may do so only as a good gesture


Correct Option: B

H contracted with NIC Corporation for the erection of a number of houses. In calculating his price for the houses, H by mistake deducted a particular sum twice over. The corporation affixed its seal to the contract, which correctly represented its intention.

  1. The contract is now binding.

  2. The contract can be avoided by H.

  3. There is no contract at all, since there is no consensus ad idem.

  4. The contract is not binding.


Correct Option: A

A intending to deceive B falsely represents that 750 tons of sugar is produced per annum at the factory of A and hereby induces B to buy the factory. The contract is avoidable at the option of

  1. B

  2. A

  3. congruence of A and B

  4. either party cannot avoid the contract


Correct Option: A
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