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Mercantile Laws Test - 5

Description: Mercantile Laws Test - 5
Number of Questions: 40
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Tags: Mercantile Laws Test - 5 Mercantile Laws
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The law of contract in India is contained in

  1. Indian Contract Act, 1862

  2. Indian Contract Act, 1962

  3. Indian Contract Act, 1872

  4. Indian Contract Act, 1972


Correct Option: C

A void agreement is one which is

  1. valid but not enforceable

  2. enforceable at the option of both the parties

  3. enforceable at the option of one party

  4. not enforceable in a court of law


Correct Option: D

Which of the following is false? An acceptance

  1. must be communicated

  2. must be absolute and unconditional

  3. must be accepted by a person having authority to accept

  4. may be presumed from silence of offeree


Correct Option: D

A contract is discharged by rescission which means the

  1. change in one or more terms of the contract

  2. acceptance of lesser performance

  3. abandonment of rights by a party

  4. cancellation of the existing contract


Correct Option: D

A proposal when accepted becomes a

  1. promise

  2. contract

  3. offer

  4. acceptance


Correct Option: A

Which one of the following is/are document of title to goods?

  1. Railway receipt

  2. Wharfinger's certificate

  3. Warehouse keeper's certificate

  4. All of these


Correct Option: D

The Sale of Goods Act, 1930 deals with

  1. sale

  2. mortgage

  3. pledge

  4. all of these


Correct Option: A

Which of the following statement is true?

  1. A contract with a minor is voidable at the option of the minor.

  2. An agreement with a minor can be ratified after he attains majority.

  3. A person who is usually of an unsound mind cannot enter into contract even when he is of a sound mind.

  4. A person who is usually of a sound mind cannot enter into contract when he is of unsound mind.


Correct Option: D

Which one of the following is not true?

  1. Document showing title is different from document of title.

  2. Bill of lading is a document of title to goods.

  3. Specific goods can be identified and agreed upon at the time of the contract of sale.

  4. None of these


Correct Option: D

On the valid performance of the contractual obligations by the parties, the contract

  1. is discharged

  2. becomes enforceable

  3. becomes void

  4. none of these


Correct Option: A

A firm is the name of

  1. the partners

  2. the minors in the firm

  3. the business under which the firm carries on business

  4. the collective name under which it caries on business


Correct Option: D

A partnership at will is one

  1. which does not have any deed

  2. which does not have any partner

  3. which does not provide for how long the business will continue

  4. which cannot be dissolved


Correct Option: C

Which of the following statement is false? Consideration

  1. must move at the desire of the promisor

  2. may move from any person

  3. must be illusory

  4. must be of some value


Correct Option: C

Which of the following statement is true?

  1. A threat to commit suicide does not amount to coercion.

  2. Undue influence involves use of physical pressure.

  3. Ignorance of law is no excuse.

  4. Silence always amounts to fraud.


Correct Option: C

In which form of the contract, the property in the goods passes to the buyer immediately

  1. agreement to sell

  2. hire purchase

  3. sale

  4. installment to sell


Correct Option: C

Which one of the following is not an implied warranty?

  1. Warranty as to undisturbed possession.

  2. Warranty as to existence of encumbrance.

  3. Disclosure of dangerous nature of goods.

  4. Warranty as to quality or fitness by usage of trade.


Correct Option: B

Every partner has the right to

  1. take part in the business of the firm

  2. to share exclusive profits

  3. to use the property of the firm for personal purposes

  4. pay taxes


Correct Option: A

Which of the following is not a disability of an unregistered firm?

  1. It cannot file a suit against third parties.

  2. Its partners cannot file a suit against a firm.

  3. It cannot claim a set-off exceeding Rs. 100.

  4. It cannot be sued by a third party.


Correct Option: D

In case of illegal agreements, the collateral agreements are

  1. valid

  2. void

  3. voidable

  4. none of these


Correct Option: B

Moral pressure is involved in the case of

  1. coercion

  2. undue influence

  3. misrepresentation

  4. fraud


Correct Option: B

Consent is not said to be free when it is caused by

  1. coercion

  2. undue influence

  3. fraud

  4. all of these


Correct Option: D

Which of the following is not the right of a partner i.e., which he cannot claim as a matter of right?

  1. Right to take part in business

  2. Right to have access to account books

  3. Right to share profits

  4. Right to receive remuneration


Correct Option: D

As a general rule, an agreement made without consideration is

  1. void

  2. voidable

  3. valid

  4. unlawful


Correct Option: A

Sometimes, a party is entitled to claim compensation in proportion to the work done by him. It is possible by a suit for

  1. damages

  2. injunction

  3. quantum meruit

  4. none of these


Correct Option: C

A contract with the minor, which is beneficial for him, is

  1. void ab initio

  2. voidable

  3. valid

  4. illegal


Correct Option: C

An agreement made with free consent to which the consideration is lawful but inadequate, is

  1. void

  2. valid

  3. voidable

  4. unlawful


Correct Option: B

The essence of a right of lien is to

  1. deliver the goods

  2. retain the possession

  3. regain the possession

  4. none of these


Correct Option: B

A contract dependent on the happening or non-happening of future uncertain event, is a

  1. uncertain contract

  2. contingent contract

  3. void contract

  4. voidable contract


Correct Option: B

A partner can be expelled if

  1. such expulsion is in good faith

  2. the majority of the partners agree on such expulsion

  3. the expelled partner is given an opportunity to start a business competing with that of the firm

  4. compensation is paid


Correct Option: A

A agrees to pay Rs. one lakh to B if he brings on earth a star from sky. This is a contingent contract and

  1. illegal

  2. valid

  3. voidable

  4. void


Correct Option: D

A new partner can be admitted in the firm with the consent of

  1. all the partners

  2. simple majority of partners

  3. special majority of partners

  4. new partner only


Correct Option: A

A partner may retire from an existing firm

  1. with consent of all partners

  2. as per express agreement

  3. by written notice in partnership at will

  4. all of these


Correct Option: D

If a seller handed over the keys of a warehouse containing the goods to the buyer, it results in

  1. constructive delivery

  2. actual delivery

  3. symbolic delivery

  4. none of these


Correct Option: C

A partnership firm is compulsorily dissolved where

  1. all partners have become insolvent

  2. firm's business has become unlawful

  3. the fixed term has expired

  4. in cases (1) and (2) only


Correct Option: D

Voluntary transfer of possession by one person to another is popularly known as

  1. transfer

  2. possession

  3. delivery

  4. none of these


Correct Option: C

A stipulation in a contract of sale of goods whose violation by seller gives a right of rescission to buyer, is called

  1. guarantee

  2. warranty

  3. condition

  4. term


Correct Option: C

Ram, Rohit and Kiran jointly borrowed Rs. 2,00,000 from Rahim by executing a promissory note. Rohit and Kiran are not traceable. Rahim wants to recover the entire amount from Ram. Ram objected this move by saying he is liable to pay 1/3 of the debt only. Which of the following statement(s) is correct?

  1. Rahim can recover the entire amount from Ram.

  2. Rahim can only recover 1/3 of Rs. 2,00,000 from Ram.

  3. Rahim cannot recover any amount from Ram.

  4. The promissory note is not executable against Ram as Rohit and Kiran are not traceable.


Correct Option: A

A contract for the sale of goods which provides that the property would pass to the buyer on full payment of price and execution of sale deed, is known as a/an

  1. sale

  2. agreement to sell

  3. hire-purchase agreement

  4. sale of approval


Correct Option: B

A agrees to deliver his old car valued at Rs. 80,000 to B, a car dealer, in exchange for a new car, and agrees to pay the difference in cash it is a/an

  1. contract of sale

  2. agreement to sell

  3. exchange

  4. barter


Correct Option: A

X agrees with Y to carry passengers by taxi from Delhi to Gurgaon on the following terms, namely, Y is to pay X Rs. 100 per mile per annum, and X and Y are to share the costs of repairing and replacement of the cars, and to divide equally between them the proceeds of fares received from passengers. Choose the correct alternative.

  1. X and Y are partners

  2. X and Y are cab owners

  3. X and Y are co-owners

  4. Can't be decided


Correct Option: A
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