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Contract Test - 1

Description: Contract Test-3
Number of Questions: 20
Created by:
Tags: Contract Test-3 Law of Contracts
Attempted 0/20 Correct 0 Score 0

A, intending to deceive B, falsely represents that five hundred tons of indigo is made annually at A's factory and thereby induces B to buy the factory. The contract is

  1. void

  2. voidable at the option of A

  3. voidable at the option of B

  4. illegal


Correct Option: C
Explanation:

Option (1) is incorrect: It is not a void contract. Option (2) is incorrect: It is voidable only at the option of B. Option (3) is correct: If B doesn’t want to perform the contract, he can declare it to be void from the court. Option (4) is incorrect: It is not an illegal contract.

Which of the following is not a quasi contract?

  1. Obligation of a person enjoying benefits of non-gratuitous act

  2. Responsibility of finder of goods

  3. Quantum meruit

  4. Novation


Correct Option: D
Explanation:

Option (1) is incorrect: It is a quasi contract. Option (2) is incorrect: It is a quasi contract. Option (3) is incorrect: It is a quasi contract. Option (4) is correct: Novation is the substitution of a new contract in place of an old one. It is not a quasi contract.

A proposal, when accepted, becomes a/an

  1. promise

  2. agreement

  3. contract

  4. consideration


Correct Option: A
Explanation:

Option (1) 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. Option (2) is incorrect: Every promise as well as every set of promises, forming the consideration for each other, is an agreement. Option (3) is incorrect: An agreement enforceable by law is a contract. Option (4) is incorrect: A consideration is something of value given by both the parties to a contract that induces them to enter into the agreement to exchange mutual performances.

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:

Option (1) is incorrect: Void from the beginning Option (2) is correct: Under Section 11 of the Indian Contract Act, 1872, every person is competent to contract who is of the age of majority. A contract with a minor is void ab initio. Option (3) is incorrect: It is not a voidable contract. Option (4) is incorrect: It is not a voidable contract at the option of either party.

A, in consideration that B will employ C in collecting the rents of B's Zamindari, promises B to be responsible to the amount of Rs. 5000, for the due collection and payment by C of those rents. This is

  1. no guarantee

  2. simple guarantee

  3. continuing guarantee

  4. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: It is an example of continuing guarantee. Option (2) is incorrect: It is not a simple guarantee. Option (3) is correct: A guarantee which extends to a series of transactions is called a 'continuing guarantee'.

A promises to maintain B's child. B promises to pay A Rs. 1000 yearly for the purpose. The consideration is

  1. lawful

  2. unlawful

  3. no consideration

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: It is a lawful consideration in the eyes of law. Option (2) is incorrect: It is completely lawful. Option (3) is incorrect: It is a valid consideration.

A agrees to pay B a sum of money if B marries C, but C marries D. The agreement is

  1. void

  2. voidable

  3. legal

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such a person does anything which renders it impossible that he should so act within any definite time or otherwise than under further contingencies.

If only a part of the consideration or object is unlawful, then the contract under Section 24 of the Indian Contract Act shall be

  1. valid

  2. voidable

  3. void

  4. illegal


Correct Option: C
Explanation:

Option (1) is incorrect: It is not valid. Option (2) is incorrect: An agreement is not voidable, it is completely void. Option (3) is correct: Under Section 24 of the Indian Contract Act, 1872, if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. Option (4) is incorrect: The agreement is not illegal, but void.

What will be the effect of mistakes as to law in force in India on the agreement?

  1. Not voidable

  2. Voidable

  3. Void

  4. Not void


Correct Option: A
Explanation:

Option (1) is correct: Under Section 21 of the Indian Contract Act, 1872, a contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.

An agreement which is not enforceable legally is called

  1. voidable

  2. void

  3. illegal

  4. voidable contract

  5. valid but voidable at the option of one party


Correct Option: B
Explanation:

Option (1) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is void from the beginning and can never become voidable. Option (2) is correct: Under Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is said to be void. Option (3) is incorrect: An agreement not enforceable by law is not illegal. Option (4) is incorrect: Under Section 2(g) of the Indian Contract Act, 1872, an agreement when enforceable by law becomes contract.

Which of the following ingredients is not necessary for contract?

  1. Proposal

  2. Acceptance

  3. Consideration

  4. Immovable property

  5. None of the above


Correct Option: D
Explanation:

Option (1) is incorrect: For a valid agreement, there must be a proposal from one person. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that either to such act or abstinence, he is said to make a proposal. Option (2) is incorrect: When the person to whom the proposal is made, gives his assent, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. An unaccepted proposal can never become a promise. Option (3) is incorrect: When, at the desire of the person who made the proposal, the person to whom the proposal is made or any other person promises to do or to abstain from doing something, such act or promise is called a consideration for the promise. Hence, every promise and every set of promises, forming the consideration for each other, is an agreement. Option (4) is correct: Immovable property is not required to make a valid agreement under the Indian Contract Act, 1872. Contract is not confined to immovable property.

A supplies B, a lunatic, with necessaries suitable to his condition in his life. Is A entitled for reimbursement from the property of B?

  1. No

  2. Yes, if the value of property is more than one lakh

  3. Yes

  4. Yes, if court thinks fit

  5. None of these


Correct Option: C
Explanation:

Option (1) is incorrect: Yes, A is entitled for reimbursement from the property of B. Option (2) is incorrect: No such provision Option (3) is correct: Under Section 68 of the Indian Contract Act, 1872, if a person incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such an incapable person.

A gives authority to B to sell A's land, and to pay himself out of the proceeds, the debts due to him from A. In the absence of an express contract,

  1. A can revoke this authority

  2. authority can be terminated by the insanity of A

  3. authority can be terminated by the death of A

  4. A cannot revoke this authority nor can it be terminated by his death or insanity

  5. None of the above


Correct Option: D
Explanation:

Option (1) is incorrect: A cannot revoke this authority. Option (2) is incorrect: Authority cannot be terminated even if A becomes insane. Option (3) is incorrect: Authority cannot be terminated even if A dies. Option (4) is correct: If the contract is not expressed, then A cannot revoke this authority nor can it be terminated by his death or insanity.

X hires a carriage of Y. The carriage is unsafe, though Y is not aware of it, and X is injured. For the injury to X, Y is

  1. liable

  2. not liable

  3. liable to the extent of 50%

  4. Y is not liable as he was not aware of the fact

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Y is liable being an owner. Option (2) is incorrect: Y is liable though he was not aware. Option (3) is incorrect: Y is liable fully, not partially.

Reasonable time for performance of a contract is a question of

  1. fact

  2. law

  3. prudence

  4. fact and law

  5. fact and prudence


Correct Option: A
Explanation:

Option (1) is correct: Reasonable time for performance of a contract is a question of fact. Option (2) is incorrect: Reasonable time for performance of a contract is not a question of law. Option (3) is incorrect: Reasonable time for performance of a contract is only a question of fact, not a question of law. Option (4) is incorrect: Reasonable time for performance of a contract is not a question of prudence. 

A contingent contract is a

  1. valid contract

  2. voidable contract

  3. contract void ab initio

  4. contract that becomes void when the event becomes impossible

  5. valid, but voidable contract


Correct Option: A
Explanation:

Option (1) is correct: Under Section 31 of the Indian Contract Act, 1872, a 'contingent contract' is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. It is a valid contract. Option (2) is incorrect: It is not a voidable contract. Option (3) is incorrect: It is not void ab initio. Option (4) is incorrect: It does not become void when the event becomes impossible.

X promises to make a sculpture for Y. Choose the correct statement.

  1. X's son can perform the promise.

  2. X has to perform the promise personally.

  3. X's servant can perform the promise.

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

  5. All of the above


Correct Option: B
Explanation:

Option (1) is incorrect: X's son cannot perform the promise. Option (2) is correct: Under Section 40 of the Indian Contract Act,1872, if it appears from the nature of the case that it was the intention of the parties to any contract that any promise contain in it should be performed by the promisor himself, such promise must be performed by the promisor. Option (3) is incorrect: X's servant cannot perform the promise. Option (4) is incorrect: X's agent, who is an artist also, cannot perform the promise.

In a pledge, ownership of property or goods

  1. remains with the pledger

  2. is transferred to the pledgee

  3. cannot be transferred to the pledgee under any circumstances

  4. Both (1) and (3)

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: In a pledge, ownership of property or goods remains with the pledger. Option (2) is incorrect: Never transferred to the pledgee Option (3) is incorrect: It cannot be transferred to the pledgee under any circumstances.

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.

  1. liquidated

  2. compensatory

  3. penal

  4. unliquidated

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Section 73 of the Indian Contract Act, 1872, 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, compensation for any loss or damage caused to him and is thereby called liquidated damages. Option (2) is incorrect: Are not compensatory damages. Option (3) is incorrect: Are not penal damages.

An agreement by way of wager under Section 30 of the Indian Contract Act, 1872 is

  1. void

  2. voidable

  3. valid

  4. Illegal

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Section 30 of the Act, agreements by way of wager are void. Option (2) is incorrect: It is not voidable, but void from the beginning. Option (3) is incorrect: It is not a valid agreement.

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