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Mercantile Laws Test - 16

Description: Mercantile Laws Test - 16
Number of Questions: 39
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Tags: Mercantile Laws Test - 16 Mercantile Laws
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Generally, the ___________ are not recoverable.

  1. ordinary damages

  2. special damages

  3. remote damages

  4. nominal damages


Correct Option: C

Contracts may be classified on the basis of their validity, formation or performance. Contracts classified on the basis of formation are

  1. express contracts

  2. implied contracts

  3. quasi contracts

  4. all of the above


Correct Option: D

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

  1. is discharged

  2. becomes enforceable

  3. becomes void

  4. none of these


Correct Option: A

A contract is discharged by 'novation', which means

  1. cancellation of the existing contract

  2. change in one or more terms of the contract

  3. substitution of the existing contract for a new one

  4. none of these


Correct Option: C

An offer may lapse by

  1. revocation

  2. counter offer

  3. rejection of offer by offeree

  4. all of these


Correct Option: D

In case of illegal agreements, the collateral agreements are

  1. valid

  2. void

  3. voidable

  4. any of these


Correct Option: D

Which of the following statements is false?

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

  2. Consideration may move from any person.

  3. Consideration must be illusory.

  4. Consideration must be of some value.


Correct Option: C

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 for sale of goods, where property would pass to the buyer on payment of total price, would be a/an

  1. sale

  2. agreement to sell

  3. hire-purchase contract

  4. sale on approval


Correct Option: B

The Sale of Goods Act, 1930 deals with the

  1. movable goods only

  2. immovable goods only

  3. both movable and immovable goods

  4. all goods, except ornaments


Correct Option: A

Which of the following statements is not true about a minor's position in a firm?

  1. He cannot become a partner in an existing firm.

  2. He can become a partner in an existing firm.

  3. He can be admitted only to the benefits of any existing major.

  4. He can become partner on becoming a major.


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

On which of the following grounds can a partner apply to the court for dissolution of the firm?

  1. Insanity of a partner

  2. Misconduct of a partner

  3. Perpetual losses in business

  4. All of the above


Correct Option: D

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 can claim a set-off exceeding Rs. 100

  4. It can be sued by a third party


Correct Option: D

Which of the following is not the right of a partner?

  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

A mercantile agent has the authority to

  1. sell and consign goods

  2. raise money on the security of goods

  3. sell or buy goods

  4. all of the above


Correct Option: D

Under the Sale of Goods Act, 1930 the term 'goods' means every kind of the movable property and it includes

  1. stock and share

  2. growing crops and grass

  3. both (1) and (2)

  4. none of these


Correct Option: C

A Hindu widow borrowed money from a lender for the purpose of filling a suit for maintenance. The lender advanced money at 100 percent rate of interest. The act of the money lender is induced by

  1. coercion

  2. undue influence

  3. fraud

  4. misrepresentation


Correct Option: B

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

Every person attains majority on completion of _____ years of age

  1. 21

  2. 18

  3. 16

  4. 20


Correct Option: B

Which of the following is/are correct?

  1. Liability of a partner in a partnership firm is unlimited.

  2. Liability of a member of a HUF is unlimited.

  3. Both of the above

  4. None of these


Correct Option: A

The communication of an acceptance is complete as against 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 court of law


Correct Option: B

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

'Doctrine of Caveat Emptor' means

  1. let the seller beware

  2. let the buyer beware

  3. let the creditor beware

  4. none of these


Correct Option: B

The essence of right of lien is to

  1. deliver the goods

  2. retain the possession

  3. regain the possession

  4. none of these


Correct Option: B

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

Discharge by mutual agreement may involve

  1. novation

  2. recission

  3. alteration

  4. all of the above


Correct Option: D

________ consideration is no consideration in England.

  1. Past

  2. Present

  3. Future

  4. Past and present


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 the above


Correct Option: D

A contract for the sale of future goods is a/an

  1. sale

  2. agreement to sell

  3. maturity contract

  4. hire-purchase contract


Correct Option: B

Right of an unpaid seller includes

  1. right against the law

  2. right of stoppage in transit

  3. right of re-sale

  4. all of the above


Correct Option: D

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

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

A partner may be expelled from the firm on the fulfillment of the condition that the expulsion power is exercised

  1. as given by expressed contract

  2. by majority of partners

  3. in absolute good faith

  4. all of the above


Correct Option: D

Right of lien is to

  1. retain possession

  2. regain possession

  3. remove possession

  4. recharge possession


Correct Option: A

Partner by holding out is also known as

  1. active partner

  2. dormant partner

  3. partner by estoppel

  4. partner by stoppage


Correct Option: C

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

Under which circumstance(s) can the unpaid seller exercise right of re-sale?

  1. When the goods are of perishable nature

  2. When he gives notice to the buyer

  3. When he gives notice to the buyer of his intention to re-sale and the buyer does not pay the price within reasonable time

  4. Both (1) and (2)


Correct Option: D

A timber merchant agreed to supply best teak at a certain agreed price to a builder. Later, the merchant supplied timber, which was identified as ordinary class of timber and demanded the payment from the builder. Which of the following statements is/are true?

  1. Builder can reject the goods and can claim damages

  2. Builder has to accept the goods

  3. Builder has to pay the price by taking the delivery of teak wood

  4. Timber merchant cannot plead the doctrine of caveat emptor


Correct Option: A
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