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Contract Test - 2

Description: Contract Test-4
Number of Questions: 20
Created by:
Tags: Contract Test-4 Law of Contracts
Attempted 0/20 Correct 0 Score 0

A counter-offer is

  1. a change in the original offer

  2. a rejection of the original offer

  3. same as the original offer

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: A counter-offer is an offer given in response to an offer. Option (2) is incorrect: It is not a rejection of the original offer. Option (3) is incorrect: It is not the same as tthe original offer.

When the consent to the contract is caused by coercion, fraud or misrepresentation, the contract under Section 19 is

  1. valid

  2. voidable

  3. void

  4. illegal


Correct Option: B
Explanation:

Option (1) is incorrect: It is not a valid contract. Option (2) is correct: The contract is voidable at the option of the party whose consent was so caused. Option (3) is incorrect: It is not void, but voidable at the option of the party whose consent was so caused. Option (4) is incorrect: It is not illegal, but voidable at the option of the party whose consent was so caused.

An agreement not enforceable by law is said to be

  1. voidable

  2. void

  3. legal

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: An agreement not enforceable by law is not voidable. Option (2) is correct: An agreement not enforceable by law is said to be void. Option (3) is incorrect: An agreement not enforceable by law is not illegal, but void.

Which of the following agreements is not void?

  1. A agrees to sell B a hundred tons of oil.

  2. A promises to obtain for B an employment in the public service and B promises to pay Rs. 1000 to A.

  3. A agrees with B to discover treasure by magic.

  4. A finds B's purse and gives it to him. B promises to give Rs. 50 to A.


Correct Option: D
Explanation:

Option (1) is incorrect: Agreement is without consideration. Option (2) is incorrect: Promise is against the public policy or provisions of law. Option (3) is incorrect: Agreement is void as to uncertainty. Option (4) is correct: It is a valid agreement.

Which of the following statements is correct in relation to subagent?

  1. He is employed by the principal in the business of the agency.

  2. He is employed by the original agent in the business of the agency.

  3. He acts under the control of the principal.

  4. The agent is not responsible to the principal for the acts of the subagent.


Correct Option: B
Explanation:

Option (1) is incorrect: He is appointed by the original agent of the business. Option (2) is correct: Subagent is an agent of original agent in the business of agency. Option (3) is incorrect: He acts under the control of original agent. Option (4) is incorrect: The agent is fully responsible to the principal for the acts of subagent.

Tender is

  1. an offer

  2. an invitation to offer

  3. a counter-offer

  4. a promise


Correct Option: B
Explanation:

Option (1) is incorrect: An offer is always by one party to another. Option (2) is correct: Tender means a type of quotation offering lowest price for supply of some goods or services or job works. It is an invitation to offer. Option (3) is incorrect: It is not a counter-offer.  Option (4) is incorrect: An offer when accepted becomes a promise.

A agrees to sell to B hundred tons of oil. There is nothing to show what kind of oil was intended. The agreement is

  1. voidable

  2. void

  3. enforceable

  4. valid but unenforceable

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The agreement is completely void for uncertainty of kind of oil. Option (2) is correct: The agreement is void for uncertainty of kind of oil. Option (3) is incorrect: The agreement is not enforceable in the court of law.

A contract is not frustrated by

  1. commercial impossibility

  2. imposition of government restriction or order

  3. destruction of subject matter of contract

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


Correct Option: A
Explanation:

Option (1) is correct: A contract under the Indian Contract Act, 1872 is not frustrated by mere commercial impossibility. Option (2) is incorrect: A contract stands frustrated by imposition of government restriction. Option (3) is incorrect: A contract stands frustrated by destruction of subject matter. Option (4) is incorrect: A contract stands frustrated by death or impossibility of party when contract is of the personal services.

A promises, for no consideration, to give to B Rs. 1000. The agreement is

  1. voidable

  2. void

  3. enforceable

  4. not enforceable not being in writing

  5. None of above


Correct Option: B
Explanation:

Option (1) is incorrect: It is not a voidable agreement. Option (2) is correct: Under Section 2 of the Indian Contract Act, 1872, every promise and every set of promises, forming the consideration for each other, is an agreement. Hence, the given agreement is void from the beginning. Option (3) is incorrect: It is not enforceable in the court of law.  Option (4) is incorrect: Not enforceable at all, whether in writing or in oral.

Which of the following is correct?

  1. Past consideration is no consideration.

  2. Consideration can be in the past, present or future.

  3. Consideration can only be in the present.

  4. Consideration can only be in the future.

  5. Either (3) and (4)


Correct Option: B
Explanation:

Option (1) is incorrect: Past consideration is a valid consideration. Option (2) is correct: Promise can be made for the past consideration, present consideration and future consideration. Option (3) is incorrect: Consideration can be in the past, present and future. Option (4) is incorrect: Consideration can be in the past, present and future.

X enters into a contract with Y, for which Y is guilty of fraud. 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. ask for a specific performance

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: X can set aside the contract and can recover damages also. Option (2) is incorrect: X can set aside the contract and can recover damages also. Option (3) is correct: X has both remedies, i.e. he can repudiate the contract and can recover damages from Y.

A agrees to sell a horse worth Rs. 1000 for Rs. 10. A's consent to the agreement was freely given. The agreement is

  1. voidable

  2. void

  3. contract

  4. illegal

  5. valid


Correct Option: C
Explanation:

Option (1) is incorrect: Valid contract in the eye of law Option (2) is incorrect: Agreement became contract and completely valid in the eyes of law. Option (3) is correct: Agreement becomes contract and consideration may be of any value.  Option (4) is incorrect: It is a legal agreement and enforceable in the court of law.

Every agreement in restraint of marriage of any person other than a minor is

  1. voidable

  2. illegal

  3. void

  4. valid

  5. None of above


Correct Option: C
Explanation:

Option (1) is incorrect: It is void from the very beginning. Option (2) is incorrect: It is legal but void. Option (3) is correct: Under Section 26 of the Indian Contract Act, 1872, every agreement in restraint of the marriage of any person, other than a minor, is void. Option (4) is incorrect: It is not a valid agreement.

An agent can be appointed by

  1. a minor of sound mind

  2. a major of sound mind

  3. any person of sound mind

  4. any major of sound or unsound mind

  5. principle of sound mind


Correct Option: B
Explanation:

Option (1) is incorrect: An agent cannot be appointed by a minor. Option (2) is correct: Under the Indian Contract Act, 1872, an agent can only be appointed by a person who is major and who is of sound mind. Option (3) is incorrect: An agent can be appointed only by a major of sound mind. Option (4) is incorrect: An agent can be appointed only by a major of sound mind.

All illegal contracts are void, but all void contracts are not

  1. legal

  2. illegal

  3. enforceable

  4. voidable

  5. valid


Correct Option: B
Explanation:

Option (1) is incorrect: All illegal contracts are void, but all void contracts are not illegal. Option (2) is correct: Illegal contracts are against the provisions of law whereas void contracts are legal, but not valid in the eye of law. Option (3) is incorrect: All illegal contracts are void, but all void contracts are not illegal. Option (4) is incorrect: All illegal contracts are void, but all void contracts are not illegal.

A, a tradesman, leaves his goods at B's house by mistake. B uses the goods as his own. Then

  1. B need not pay to A

  2. B is bound to pay A

  3. there is no contract

  4. Both (1) and (3)

  5. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: B is bound to pay. Option (2) is correct: B is liable for the goods and bound to pay. Option (3) is incorrect: Doesn’t matter whether contract was made or not.

Where both the parties are under mistake as to matter of fact, the agreement is void under

  1. Section 20 of the Indian Contract Act, 1872

  2. Section 21 of the Indian Contract Act, 1872

  3. Section 22 of the Indian Contract Act, 1872

  4. Section 23 of the Indian Contract Act, 1872


Correct Option: A
Explanation:

Option (1) is correct: Section 20 of the Indian Contract Act, 1872 states that agreement is void, where both the parties are under mistake as to matter of fact. Option (2) is incorrect: Section 21 of the Indian Contract Act, 1872 provides effects of mistake as to law. Option (3) is incorrect: Section 22 of the Indian Contract Act, 1872 provides contract caused by mistake of one party as to matter of fact. Option (4) is incorrect: Section 23 of the Indian Contract Act, 1872 provides what consideration and objects are lawful. 

Where no application is made and no time is specified for performance of promise, there the agreement is to be performed within

  1. three years

  2. two years

  3. one year

  4. reasonable time

  5. ninety days


Correct Option: D
Explanation:

Option (1) is incorrect: No such time period is provided in the act. Option (2) is incorrect: No such time period is provided in the act. Option (3) is incorrect: No such time period is provided in the act. Option (4) is correct: Agreement is to be performed within reasonable time where no specific provision is provided in the act for the performance of promise.

Proposal is defined under

  1. Section 2(g) of the Indian Contract Act, 1872

  2. Section 2(b) of the Indian Contract Act, 1872

  3. Section 2(h) of the Indian Contract Act, 1872

  4. Section 2(i) of the Indian Contract Act, 1872


Correct Option: B
Explanation:

Option (1) is incorrect: Section 2(g) of the Indian Contract Act, 1872  defines, an agreement not enforceable by law is said to be void. Option (2) is correct: When the person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise defined under Section 2(b) of the Indian Contract Act, 1872. Option (3) is incorrect: Section 2(h) of the Indian Contract Act, 1872  defines, an agreement enforceable by law is a contract. Option (4) is incorrect: Section 2(i) of the Indian Contract Act, 1872 defines,  an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract. 

A becomes surety to C for B's conduct as a manager of C's bank. Afterwards, B and C contract without A's permission that B shall become liable for one-fourth of the losses on overdraft. B allows a customer to overdraw and the bank loses a sum of money. To make good this loss, A is

  1. wholly liable

  2. not Liable

  3. liable to the extent of one-fourth

  4. liable to the extent of three-fourths


Correct Option: B
Explanation:

Option (1) is incorrect: A is not liable for the loss. Option (2) is correct: A is discharged from his suretyship by the variance made without his consent and so is not liable to make good this loss. Option (3) is incorrect: A is not liable for the loss. Option (4) is incorrect: A is not liable for the loss.

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