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Mercantile Laws Test - 4

Description: Mercantile Laws Test - 4
Number of Questions: 40
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Tags: Mercantile Laws Test - 4 Mercantile Laws
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Which of the following statement is true?

  1. Consideration must result in a benefit to both parties.

  2. Past consideration is no consideration in India.

  3. Consideration must be adequate.

  4. Consideration must be something, which a promisor is not already bound to do.


Correct Option: D

Which of the following is not an exception to the rule - No Consideration, No Contract?

  1. Compensation for involuntary services

  2. Love and affection

  3. Contract of agency

  4. Gift


Correct Option: A

A mistake as to a law not in force in India has the same effect as

  1. mistake of fact

  2. mistake of Indian law

  3. fraud

  4. misrepresentation


Correct Option: A

Generally, which of the following damages are not recoverable?

  1. Ordinary damages

  2. Special damages

  3. Remote damages

  4. Nominal damages


Correct Option: C

Which of the following persons can perform the contract?

  1. Promisor alone

  2. Legal representatives of promisor

  3. Agent of the promisor

  4. All of these


Correct Option: D

A, B and C jointly promised to pay Rs. 60,000 to D. Before performance of the contract, C dies. Here, the contract

  1. becomes void on C's death

  2. should be performed by A and B along with C's legal representatives

  3. should be performed by A and B alone

  4. should be renewed between A, B and D


Correct Option: B

Which of the following is not an implied condition in a contract of sale?

  1. Condition as to title

  2. Condition as to description

  3. Condition as to free from encumbrance

  4. Condition as to sample


Correct Option: C

Which of the following is not a form of delivery?

  1. Constructive delivery

  2. Structured delivery

  3. Actual delivery

  4. Symbolic delivery


Correct Option: B

Mercantile Agent is having an authority to

  1. sell or consign goods

  2. raise money on the security of goods

  3. sell or buy goods

  4. any of the above


Correct Option: D

Doctrine of Caveat Emptor means

  1. let the seller beware

  2. let the buyer beware

  3. let the creditor beware

  4. none of the above


Correct Option: B

The most important element in partnership is

  1. business

  2. sharing of profits

  3. agreement

  4. business to be carried on by all or any of them acting for all


Correct Option: D

In the absence of agreement to the contrary all partners are

  1. not entitled to share profits

  2. entitled to share in capital ratio

  3. entitled to share in proportion to their ages

  4. entitled to share profits equally


Correct Option: D

When the consent of a party is not free, the contract is

  1. void

  2. voidable

  3. valid

  4. illegal


Correct Option: B

The term “goods” under Sale of Goods Act, 1930 does not include

  1. goodwill

  2. actionable claims

  3. stocks and shares

  4. harvested crops


Correct Option: B

An agreement is void if it is opposed to public policy. Which of the following is not covered by heads of public policy?

  1. Trading with an enemy

  2. Trafficking in public offices

  3. Marriage brokerage contracts

  4. Contracts to do impossible acts


Correct Option: D

Active partner is one who

  1. takes part in the business of the firm

  2. actively participates in co-curricular activities

  3. actively shares the profits

  4. makes a show of authority


Correct Option: A

Which of the following statements, about the registration of firm, is not true?

  1. It must be done at the time of its formation.

  2. It may be done at the time of formation.

  3. It may be done before filing a suit against third party.

  4. It may be done at any time after its formation.


Correct Option: A

Which of the following is false? An offer to be valid must

  1. intend to create legal relations

  2. have certain & unambiguous terms

  3. contain a term the non-compliance of which would amount to acceptance

  4. be communicated to the person to whom it is made


Correct Option: C

Ordinarily, a minor`s agreement is

  1. void ab initio

  2. voidable

  3. valid

  4. unlawful


Correct Option: A

The threat to commit suicide amounts to

  1. coercion

  2. undue Influence

  3. misrepresentation

  4. fraud


Correct Option: A

A minor's liability for 'necessaries' supplied to him

  1. arises after he attains majority age

  2. is against only minor's property

  3. does not arise at all

  4. arises if minor gives a promise for it


Correct Option: B

An agreement, the object or consideration of which is unlawful, is

  1. void

  2. valid

  3. voidable

  4. contingent


Correct Option: A

A contingent contract is

  1. void

  2. voidable

  3. valid

  4. illegal


Correct Option: C

A agrees to sell his car worth Rs. 100,000 to B for Rs. 20,000 only, and A`s consent was obtained by coercion. Here, the agreement is

  1. void

  2. valid

  3. voidable

  4. unlawful


Correct Option: C

An agreement which is enforceable by law at the option of one or more of the parties thereon but not at the option of the other or others is a

  1. valid contract

  2. void contract

  3. voidable contract

  4. illegal contract


Correct Option: C

A agrees to pay Rs. 5 lakhs to B if he (B) procures an employment for A in Income Tax Department. This agreement is

  1. void

  2. valid

  3. voidable

  4. contingent


Correct Option: A

Agreement-the meaning of which is uncertain is

  1. valid

  2. void

  3. voidable

  4. illegal


Correct Option: B

On dissolution, the partners remain liable till

  1. accounts are settled

  2. partners' dues are paid off

  3. public notice is given

  4. the registrar strikes off the name


Correct Option: C

A contract for the sale of “future goods” is

  1. sale

  2. agreement to sell

  3. void

  4. hire-purchase contract


Correct Option: B

A stipulation which is collateral to the main purpose of the contract, and if proves false, gives the buyer only a right to claim damages, is known as

  1. conditions

  2. guarantee

  3. warranty

  4. none of these


Correct Option: C

Goods which are in existence at the time of the Contract of Sale is known as

  1. present goods

  2. existing goods

  3. specific goods

  4. none of the above


Correct Option: B

Selection of goods with the intention of using them in performance of the contract and with the mutual consent of the seller and the buyer is known as

  1. distribution

  2. appropriation

  3. amortization

  4. storage


Correct Option: B

Death of partner has the effect of

  1. dissolving the firm

  2. result in continuance of the business of the firm

  3. his heirs joining the firm

  4. computation of profits upto the date of death


Correct Option: A

An auction sale is complete on the

  1. delivery of goods

  2. payment of price

  3. fall of hammer

  4. none of the above


Correct Option: C

If A agrees to deliver 100 kg of sugar to B in exchange of 15 meters of cloth, then it is

  1. contract of sale

  2. agreement to sell

  3. sale on approval

  4. barter


Correct Option: D

A partner can retire on

  1. reaching the age of superannuation

  2. on the balance in the capital account reaching a certain amount

  3. in accordance with the Partnership Deed

  4. on the condition of his nominee becoming a partner


Correct Option: C

Registration of a firm is

  1. compulsory

  2. optional

  3. occasional

  4. none of the above


Correct Option: B

The reconstitution of the firm takes place in case of

  1. admission of a partner

  2. retirement of a partner

  3. expulsion or death of a partner

  4. all of the above


Correct Option: D

G paid Rs.1,00,000 to H to influence the head of the Government Organisation in order to provide him some employment. On his failure to provide the job, G sued H for recovery of the amount. Which of the following is correct?

  1. The contract is valid and G can recover the amount from H.

  2. The contract is void as it is opposed to public policy and G cannot recover.

  3. G can recover the amount with interest.

  4. G can recover the amount of Rs.1,00,000 and damages.


Correct Option: B

A sold a tin of disinfectant powder to K without warning knowing fully that if the tin was not opened with care, it will likely to cause injury. K was injured while opening the tin. Which of the following statement(s) is/are correct?

  1. A is not liable to K under the Doctrine of caveat emptor.

  2. A is liable for the damages.

  3. A has no duty to disclose the facts to K.

  4. The buyer has the responsibility to enquire about all the things before purchasing the goods.


Correct Option: B
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