0

Mercantile Laws Test - 9

Description: Mercantile Laws Test - 9
Number of Questions: 40
Created by:
Tags: Mercantile Laws Test - 9 Mercantile Laws
Attempted 0/40 Correct 0 Score 0

A mate`s receipt

  1. is a document of title to goods

  2. is an acknowledgement for the receipt of goods

  3. both (1) and (2)

  4. none of these


Correct Option: B

Each partner is a principal as well as an agent of other partners.

  1. The above statement is correct.

  2. The above statement is not correct in case of unregistered partnerships.

  3. The above statement is incorrect.

  4. The above statement is correct only in case of registered partnerships.


Correct Option: A

A share in a partnership

  1. can be transferred in accordance with the terms and conditions contained in the partnership deed

  2. can be transferred only if all the partners agree for such transfer

  3. cannot be transferred at all

  4. can be transferred through the recognized stock exchanges


Correct Option: B

Which one of the following is not a contract?

  1. A engages B for a certain work and promises to pay such remuneration as shall be fixed by C. B does the work.

  2. A and B promise to marry each other.

  3. A takes a seat in a public vehicle.

  4. A invites B to a card party. B accepts the invitation.


Correct Option: D

A contract that was entered before 1st September, 1872 is governed by The Indian Contract Act, 1872.

  1. Yes if the contract was entered in Indian soil.

  2. Yes if there was performance of the contract on or after 1st September 1872.

  3. No as the act does not apply retrospectively.

  4. No as there was no performance on or after 1st September 1872.


Correct Option: C

Which of the statement is incorrect?

  1. All illegal agreements are void but all void agreements are not necessary illegal.

  2. A voidable contract is not voidable at the option of the aggrieved party.

  3. Contracts that are immoral or opposed to public policy are illegal in nature.

  4. All of these


Correct Option: B

Which of the following is not correct?

  1. Minor can always plead minority.

  2. Minor is liable for necessaries supplied to him.

  3. Minor is a person who has not completed 18 years of age.

  4. Minor can be a beneficiary.


Correct Option: B

The difference between contingent contract and wagering agreements are as follows

  1. A wagering agreement consists of reciprocal promises whereas a contingent contract may not contain reciprocal promises.

  2. In a wagering agreement the uncertain event is the sole determining factor while in a contingent contract the event is only collateral.

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

  4. All of these


Correct Option: D

Which of the following is not correct?

  1. Joint Hindu Family is governed by law relating to registration of agreements.

  2. Joint Hindu Family is governed by Hindu Law.

  3. Joint Hindu Family is governed by the Civil Procedure Code.

  4. Both (1) and (3)


Correct Option: D

Which of the following is not correct?

  1. Consideration must be at the desire of the promisor.

  2. Consideration may be past, present or future.

  3. Consideration need not be adequate, but should be real and supported by free consent.

  4. Consideration should be always monetary.


Correct Option: D

An agreement made without consideration is valid under Section 25 of The Indian Contract Act, 1872 if

  1. the agreement is expresses in writing.

  2. the agreement is made on account of natural love and affection or the parties to the agreement stand in a near relation to each other.

  3. the document is registered under the law for the time being in force for registration of such document.

  4. all of these


Correct Option: D

In case of sale

  1. Property in goods passes to the buyer.

  2. Risk in the goods passes to the buyer.

  3. Both (1) & (2)

  4. None of these


Correct Option: C

The following may be treated as a breach of warranty

  1. breach of warranty

  2. breach of condition

  3. both (1) and (2)

  4. none of these


Correct Option: C

Novation means

  1. substituting a new contract for the old one

  2. cancellation of the old contract

  3. modifying or altering the terms of contract such that it has the effect of substituting a new contract for the old one

  4. dispensing away the performance of the promise made by the other party


Correct Option: A

A company may be in the form of

  1. an unincorporated association

  2. incorporated association

  3. both (1) and (2)

  4. none of these


Correct Option: A

Registration of a partnership is complete

  1. only after the issue of certificate of registration by the Registrar of Firms

  2. as soon as an application in the prescribed form with the prescribed fee and other relevant details is delivered to the Registrar of Firms

  3. only after the Registrar of Firms records an entry of the statement in the Register of Firms to this effect

  4. after giving the information to the Central Government in this regard


Correct Option: B

Types of partners includes

  1. active partner

  2. sleeping partner

  3. nominal partner

  4. all of these


Correct Option: D

A student was motivated by his teacher to sell his car (value being Rs. 10,00,000/-) for Rs. 5,00,000/-. The student sold the same at the desired price of the teacher. The student can sue the teacher on the ground of

  1. undue influence

  2. fraud

  3. misrepresentation

  4. coercion


Correct Option: A

'Price' under Section 2(10) of The Sale of Goods Act, 1930 means

  1. money or money's worth

  2. monetary consideration for the sale of goods

  3. any consideration that can be expressed in terms of money

  4. none of these


Correct Option: B

An offer made to the public in general which anyone can accept and do the desired act is

  1. general offer

  2. special offer

  3. cross offer

  4. counter offer


Correct Option: A

A contract in which only one party has to fulfill his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence is known as

  1. unilateral contract

  2. bilateral contract

  3. quasi contract

  4. express contract


Correct Option: A

In case of an agreement to sell, subsequent loss or destruction of the goods is the liability of

  1. the buyer

  2. the seller

  3. both the buyer and the seller

  4. the insurance company


Correct Option: B

An auction sale 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: A

Goods that are identified and agreed upon at the time of contract of sale are known as

  1. specific goods

  2. existing goods

  3. future goods

  4. generic goods


Correct Option: A

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

Agreement for the creation of monopolies

  1. is allowed in the interest of economy

  2. is opposed to public policy and hence void

  3. is not detrimental to any nation

  4. is impossible because of perfect competition in today's scenario


Correct Option: B

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

In case of a contract of guarantee

  1. there are two parties to the contract

  2. there are three parties to the contract

  3. there should be at least two parties to the contract

  4. there should be at least five parties to the contract


Correct Option: B

Delivery by acknowledgment is

  1. actual delivery

  2. constructive delivery

  3. symbolic delivery

  4. none of these


Correct Option: B

Rights of an unpaid seller include

  1. right against the goods

  2. right of stoppage in transit

  3. right of resale

  4. all of these


Correct Option: D

Goods that are defined only by description and not identified and agreed upon at the time of contract of sale are known as

  1. specific goods

  2. existing goods

  3. future goods

  4. unascertained goods


Correct Option: D

In case of a sale the position of a buyer is that of

  1. owner of the goods

  2. bailee of the goods

  3. hirer of the goods

  4. none of these


Correct Option: A

Registration of a partnership firm is

  1. compulsory from the beginning

  2. not compulsory till first five years of beginning of the partnership

  3. not compulsory at all

  4. compulsory only if the Registrar of Firms gives an order in this regard


Correct Option: C

Death of a partner ordinarily leads to

  1. dissolution of the partnership

  2. revision of the partnership

  3. reconsidering of the partnership

  4. induction of a new partner to carry on the partnership


Correct Option: A

A new partner is held liable for all acts of the firm done

  1. before he became a partner

  2. after he became a partner

  3. any time after even he ceases to be a partner and upto his death

  4. before or after he became a partner


Correct Option: B

A person is deemed to be in a position to dominate the will of the other when he

  1. holds real authority over the other

  2. holds apparent authority over the other

  3. stands in a fiduciary relation to the other

  4. all of these


Correct Option: D

As per Section 29 of the Indian Partnership Act, 1932 a partner may transfer his interest in the firm

  1. by sale

  2. by mortgage

  3. by charge

  4. all of these


Correct Option: D

A, B and C are partners in a firm. B was murdered by D, who wanted to become a partner of the firm, but B had raised objections to it. The partnership deed contains a provision that the firm would not be dissolved after the death of any partner. Which of the following is correct?

  1. Estate of B is liable for the act of the firm done after the death of B.

  2. Estate of B is not liable for the act of the firm done after the death of B.

  3. Estate of D is liable for the act of the firm done after the death of B.

  4. D is liable for the act of the firm done after the death of B.


Correct Option: B

One of the essential elements of a partnership is agreement

  1. which is enforceable

  2. which is legal

  3. between two or more persons

  4. the object of which is not prohibited by law


Correct Option: C

D P Tyre Co. Ltd sold tyres to a dealer S, who sold those to D, a sub-dealer on the condition that those tyres would not be sold at a price lower than the list price fixed by D P Tyre Co. Ltd. and if the tyres were sold at a price lower than the list price, a penalty of $ 2 for every tyre sold below the list price would be recovered as damages. D sold five tyres below the list price. D P Tyre Co. Ltd filed a suit against S. Is D P Tyre Co. Ltd entitled to maintain the suit?

  1. No since D P Tyre Co. Ltd was not a party to the contract.

  2. No since only 5 tyres are involved and the amount is insignificant.

  3. Yes as D P Tyre Co. Ltd is the producer of the tyres.

  4. Yes as D P Tyre Co. Ltd sold the tyres to S who in turn sold to D.


Correct Option: A
- Hide questions