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Contract Test - 4

Description: Law of Contracts - II
Number of Questions: 15
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Tags: Law of Contracts - II Law of Contracts
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A contract with or by a minor is a

  1. valid contract

  2. void contract

  3. voidable contract

  4. voidable contract at the option of either party


Correct Option: B
Explanation:

The agreement (not contract) with or by a minor is void ab-initio. Voidable contract is valid at the option of one or more of parties but not at the option of other party. A valid contract contains all the essential elements of a contract.

Which of the following statements is correct?

  1. Past consideration is no consideration.

  2. Consideration can be past, present or future.

  3. Consideration can only be present.

  4. Consideration can only be future.


Correct Option: B
Explanation:

Option (2) is correct. The past consideration is valid, e.g. pension given to employees after retirement. The present consideration is valid. The future consideration is also valid as one can get an advance from a prospective employer for the services to be given in the future.

Where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to be applied, _________________

  1. the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, provided its recovery is not barred by the law.

  2. it is to be applied in discharge of the debts in order of time.

  3. it is to be applied in discharge to the debts in order of time provided they are not barred by the law of limitation.

  4. the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suit.


Correct Option: D
Explanation:

Option (4) is correct. The payment can be appropriated as per discretion of creditor. Option (1) is incorrect because it contains the condition whether its recovery is not barred by law. It may be barred or not barred by law. Option (2) is applicable when appropriation is made by debtor expressly or impliedly. Option (3) is applicable as appropriation by law when both the parties make any appropriation.

X transfers Rs. 5000 to Y on condition that he shall marry with the consent of A, B and C. Y married without the consent of A, B and C but obtains their consent after the marriage. Y has

  1. fulfilled the condition

  2. not fulfilled the condition

  3. substantially complied with the condition

  4. none of the above


Correct Option: B
Explanation:

Though he has got the consent after the marriage but as per contract, he has got the money on the condition of permission to be taken before marriage. This condition has not been fulfilled. Thus (2) is the correct answer.

Sale is a transfer of ownership in exchange for a price

  1. paid

  2. promised

  3. part paid and part promised

  4. all of the above


Correct Option: D
Explanation:

A sale is a transfer, which involves transfer of goods for a price that is fully paid, partly paid or payable in future. Thus (4) is the correct answer.

Reasonable time for performance of a contract is a question

  1. of fact

  2. of law

  3. of both fact and law

  4. of prudence


Correct Option: A
Explanation:

The reasonable time depends upon the facts of the cases (as per Section 46). This time period may be very short as in the cases of purchase-sale of shares, gold, etc. It may be a longer period as in case of sale or purchase of property, etc. thus it is a question of fact. The law will not decide the reasonable time.

Tender is a/an

  1. offer

  2. invitation to offer

  3. counter offer

  4. promise


Correct Option: B
Explanation:

 A tender is an invitation to offer.

If X enters into a contract with Y for which Y is guilty of fraud, then X can

  1. set aside the contract but cannot recover damages

  2. only recover damages

  3. set aside the contract and can recover damages also

  4. none of the above


Correct Option: C
Explanation:

Option (3) is correct. If there is a fraud, then the contract can be set aside and damages can also be recovered. In case of misrepresentation, the damages can’t be asked for. Damages can be asked for when there is a breach of warranty.

Fraudulent transfer is

  1. void

  2. illegal

  3. immoral

  4. voidable


Correct Option: D
Explanation:

A fraudulent transfer is voidable at the option of aggrieved party. It can’t be immoral. It is not void because the transfer is not void. The transfer is also not illegal.

A contingent contract

  1. is valid contract

  2. is voidable contract

  3. is a contract void-ab-initio

  4. none of these


Correct Option: A
Explanation:

Option (1) is correct. A contingent contract is that where the performance depends upon uncertain future event. Thus it is valid.

If X promises to make a sculpture for Y, which of the following cases is valid?

  1. If X's son perform the promise

  2. If X perform the promise personally

  3. If X's servant perform the promise

  4. If X's agent, who is an artist also, perform the promise


Correct Option: B
Explanation:

It is a contract of personal service and thus (2) is the correct answer. His son, servant or agent may or may not be artistic to perform the promise. If it had been a contract of non-personal service, then it could have been performed by any of these.

An agreement enforceable by law at the instance of one or more of the parties and not of other or others under Section 2(i) of the Indian Contract Act is called

  1. a valid contract

  2. an illegal contract

  3. a void contract

  4. a voidable contract


Correct Option: D
Explanation:

Voidable contract is valid at the option of one or more of parties but not at the option of other party. A valid contract contains all the essential elements of a contract. An illegal contract is the one, which is against the provisions of law. A void contract becomes void subsequent to formation.

When a contract has been broken, the party who suffers by such breach is entitled to receive damages from the party who has broken the contract. This type of damage is

  1. liquidated damage

  2. compensatory damage

  3. penal damage

  4. none of these


Correct Option: A
Explanation:

Liquidated damages are those, which are paid for breach of contract. The compensatory damages are paid as compensation. The penal damages are paid as a penalty. Thus (1) is the correct answer.

A contract is not frustrated

  1. by commercial impossibility

  2. by imposition of government restriction or order

  3. by destruction of subject matter of contract

  4. by death or incapability of party when contract is of the personal services


Correct Option: A
Explanation:

A contract may be discharged due to government induced restriction, destruction of subject matter or due to death or incapacity in case of personal services. It is not discharged because the parties to the contract do not find it profitable any more. Thus (1) is the correct answer.

Claim for necessaries of life supplied to a minor under Section 68 of the Indian Contract Act

  1. cannot be enforced at all

  2. can be enforced against the minor personally on attaining majority

  3. can be enforced against the minor’s property or estate

  4. can be enforced against the guardian, if any, of the minor


Correct Option: C
Explanation:

Option (3) is correct. The minor and his property is liable for the necessities supplied to him. The contract by or with the minor is not enforceable otherwise. No contract can be enforced against the minor on attaining his majority or for the contracts made by guardian on their behalf.

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