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Mercantile Laws Test - 7

Description: Mercantile Laws Test - 7
Number of Questions: 40
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Tags: Mercantile Laws Test - 7 Mercantile Laws
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Cross offers means

  1. exchanging identical offers by two parties in ignorance

  2. offer made to the public in general

  3. offer allowed to remain open for acceptance over a period of time

  4. offer made to a definite person


Correct Option: A

Which of the following agreements is void?

  1. Agreements made under the unilateral mistake of fact.

  2. Agreements made under the bilateral mistake of fact.

  3. Agreements made under the influence of fraud.

  4. Contingent agreement.


Correct Option: B

Which of the following is a requirement for misrepresentation to exist?

  1. Misrepresentation should relate to a material fact.

  2. The person making a misrepresentation should not believe it to be true.

  3. It must be made with an intention to deceive the other party.

  4. All of these


Correct Option: A

Which of the following statements is true?

  1. Even if a proposal is not accepted properly it becomes a valid contract.

  2. The agreements which are against the public policy can be enforced if the parties are willing to contract.

  3. A contract can consist of an offer or an acceptance only.

  4. Two or more persons are said to consent when they agree upon the same thing in the same sense.


Correct Option: D

Which of the following offers constitute a valid offer?

  1. An auctioneer displays a TV. set before a gathering in an auction sale.

  2. Ram who is in possession of three cars purchased in different years says 'I will sell you a car'.

  3. A says to B, “Will you purchase my motor cycle for Rs. 20,000?

  4. All of these


Correct Option: C

Contract caused by which of the following is void?

  1. Fraud

  2. Misrepresentation

  3. Coercion

  4. Bilateral Mistake


Correct Option: D

Suppose the time fixed for performance of the contract has expired but the time is not essential. What is the remedy of the promisee in the circumstances?

  1. Can rescind the contract

  2. To claim compensation

  3. No remedy available

  4. Can't be determined


Correct Option: B

What is the legal terminology for the doing or not doing of something which the promisor desires to be done or not done?

  1. Desires

  2. Wishes

  3. Consideration

  4. Promise


Correct Option: C

Goods must be the same as wanted by the seller. This is

  1. condition as to description

  2. condition as to sample

  3. condition as to wholesomeness

  4. condition as to title


Correct Option: A

Valid contract

  1. in case of this, collateral agreements are void

  2. not enforceable in a court of law

  3. an agreement enforceable by law at the option of one or more of the parties thereon but not at the option of the other or others

  4. enforceable at the option of both the parties


Correct Option: D

The term goods for the purpose of Sale of Goods Act, includes

  1. money

  2. actionable claims

  3. growing crops, grass

  4. none of these


Correct Option: C

Which of the following is a not document of title to goods?

  1. Bill of lading

  2. Railway receipt

  3. Dock warrant

  4. Performa invoice


Correct Option: D

Goods dependant upon certain events which may or may not happen are

  1. unascertained goods

  2. future goods

  3. contingent goods

  4. existing goods


Correct Option: C

Partnership

  1. arises by operation of law

  2. comes into existence only after registration

  3. can arise by agreement or otherwise

  4. arises by way of an agreement only


Correct Option: D

In which of the following cases, the unpaid seller loses his right of lien?

  1. Delivery of goods to buyer

  2. Delivery of goods to carrier

  3. Tender of price by buyer

  4. All of these


Correct Option: D

X and Y agree to work together as carpenters but X shall receive all profit and shall pay wages to Y. The relation between X and Y is that of

  1. partners

  2. carpenters

  3. labourers

  4. master-servant


Correct Option: D

In case of sale of standing trees, the property passes to the buyer when trees are

  1. felled and ascertained

  2. not felled but earmarked

  3. counted and ascertained

  4. both (1) and (3)


Correct Option: A

Which of the following is an essential feature of partnership?

  1. Registration

  2. Test of mutual agency

  3. Separate legal entity

  4. All of the above


Correct Option: B

Implied contract, even if not in writing or express words, is perfectly ________ if other conditions are satisfied.

  1. void

  2. valid

  3. voidable

  4. illegal


Correct Option: B

Which of the following acts are not included in the implied authority of a partner?

  1. To buy or sell goods on accounts of partners.

  2. To borrow money for the purposes of a firm.

  3. To enter into partnership on behalf of a firm.

  4. To engage a lawyer to defend actions against a firm.


Correct Option: C

R, an optical surgeon, employs S as the assistant for a term of three years and S agrees not to practice as a surgeon during this period. This contract is

  1. valid

  2. void

  3. voidable

  4. illegal


Correct Option: A

________ consideration is no consideration in England.

  1. Past

  2. Present

  3. Future

  4. Past and present


Correct Option: A

A agrees to pay Rs. 500 to B if it rains, and B promises to pay a like amount to A if it does not rain. This agreement is called

  1. quasi contract

  2. contingent contract

  3. wagering agreement

  4. voidable contract


Correct Option: C

When the offeree offers to qualified acceptance of the offer subject to modifications and variations he is said to have made a

  1. standing, open or continuing offer

  2. counter offer

  3. cross offers

  4. special offer


Correct Option: B

When after the formation of a valid contract, an event happens which makes the performance of contract impossible, and then the contract becomes

  1. void

  2. voidable

  3. valid

  4. illegal


Correct Option: A

The basis of quasi contractual relations is the

  1. existence of a valid contract between the parties

  2. prevention of unjust enrichment at the expense of others

  3. provisions contained in Section 10 of the Contract Act

  4. existence of a voidable contract between the parties


Correct Option: B

Where the performance of a promise by one party depends on the prior performance of promise by the other party, such reciprocal promises fall under the category of

  1. mutual and concurrent

  2. conditional and dependent

  3. mutual and independent

  4. can't be determined


Correct Option: B

A agrees to pay Rs. 1000 to B if a certain ship returns within a year. However, the ship sinks within the year. In this case, the contract becomes

  1. valid

  2. void

  3. voidable

  4. illegal


Correct Option: B

Where an agreement consists of two parts once legal and the other illegal, and the legal part is separable from the illegal one, such legal part is

  1. void

  2. valid

  3. voidable

  4. illegal


Correct Option: B

The Sale of Goods Act, 1930 came into force on

  1. 15th March, 1930

  2. 1st July, 1930

  3. 30th July, 1930

  4. 30th June, 1930


Correct Option: B

Contract of sale is

  1. executory contract

  2. executed contract

  3. executory contract or executed contract

  4. none of these


Correct Option: C

Where in an auction sale, the seller appoints more than one bidder, the sale is

  1. void

  2. illegal

  3. conditional

  4. voidable


Correct Option: D

Where the goods are delivered to a carrier or wharfinger for the purpose of transmission to the buyer, the delivery is

  1. invalid and ineffective

  2. valid and effective

  3. conditional

  4. none of these


Correct Option: B

The property in the goods means the

  1. possession of goods

  2. custody of goods

  3. ownership of goods

  4. both (1) and (2)


Correct Option: C

Untill goods are ascertained there is merely

  1. an agreement to sell

  2. a breach of warranty

  3. a breach of condition

  4. all of these


Correct Option: A

The rights of an agent against the principal are the following

  1. right of indemnification

  2. right to compensation

  3. right of stoppage in transit

  4. all of these


Correct Option: D

Discharge by mutual agreement may involve

  1. novation

  2. rescission

  3. alteration

  4. all of these


Correct Option: D

A enquires from B, “Will you purchase my cow for $ 100?” B replies, “I shall purchase your cow for $100 provided you purchase my parrot for $120.” In this case

  1. B has accepted the offer of A

  2. B has made a counter offer to A

  3. A is bound by the actions of B

  4. B cannot make such an offer


Correct Option: B

A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller.

  1. A can exercise his right of lien and refuse to make delivery to C.

  2. A cannot exercise his right of lien and refuse to make delivery to C.

  3. C has claim over the goods in possession of A.

  4. None of these


Correct Option: A

X fraudulently induced Y to enter into partnership with him and Y pays a premium of Rs. 5,000/- to A. Within three months the firm incurs liabilities to the extent of Rs. 10,000/-. On discovering the fraud, Y files a suit for the rescission of the contract creating partnership and contract is rescinded. The creditors of the firm also levy attachment on Y who pays Rs. 3,000/- to them as well. Which of the following is correct?

  1. Y can obtain a decree for Rs. 8000/- against A.

  2. Y can obtain a decree for Rs. 5000/- against A.

  3. Y can obtain a decree for Rs. 3000/- against A.

  4. Y cannot obtain a decree for either Rs. 5,000/- or Rs. 3,000/- or Rs. 8000/- against A.


Correct Option: A
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