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Indian Contract Act - III

Description: Get Complete Study Material for Indian Contract Act-III, Essential Elements of a Valid Contract, Types of Contracts, Offer, Acceptance, Lawful Consideration, Competent To Contract, Free Consent, Revocation of Offer, Agency
Number of Questions: 22
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Tags: Indian Contract Act-III Essential Elements of a Valid Contract Types of Contracts Offer Acceptance Lawful Consideration Competent To Contract Free Consent Revocation of Offer Agency The Indian Contract Act , 1872
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Which of the following is/are exception(s) to 'no consideration, no contract'?

  1. Agreement on account of natural love

  2. Promise to pay time barred debt

  3. Contract of agency and guarantee

  4. All of the above


Correct Option: D
Explanation:

Consideration (no consideration, no contract) exceptions are a. natural love and affection  b. voluntary compensation c. time-barred debt d. completed gift
e. contract of agency f. remission by the promisee

A contract in which one party wins and the other loses is called

  1. contingent contract

  2. wagering contract

  3. uncertain contract

  4. None of these


Correct Option: B
Explanation:

A contract in which one party wins and the other loses is called a wagering contract. A contingent event depends upon happening or non-happening of events.

An agreement with inadequate consideration with free consent is

  1. valid

  2. voidable

  3. void

  4. void ab initio


Correct Option: A
Explanation:

Consideration is necessary. It may or may not be adequate. If the consent is not free, then the agreement is not valid though the consideration may or may not be sufficient.

A contingent contract is a/an  _______ contract.

  1. valid

  2. void

  3. voidable

  4. illegal


Correct Option: A
Explanation:

A contingent contract is legal and valid.

A wagering agreement is a/an ________ contract.

  1. valid

  2. void

  3. voidable

  4. illegal


Correct Option: B
Explanation:

A wagering agreement is void in India. But in the states of Gujarat and Maharashtra, it is illegal.

A contract where the parties have no interest in the subject matter of agreement is called _______ agreement.

  1. contingent

  2. void

  3. voidable

  4. wagering


Correct Option: D

When a party offers performance of its obligation, it is called

  1. an attempted tender

  2. anticipation of performance

  3. a tender of performance

  4. none of these


Correct Option: C
Explanation:

It is a way of performing the contract.

Tender can be of

  1. goods only

  2. money only

  3. services only

  4. all of these


Correct Option: D
Explanation:

Offer for delivery of goods, services and money are the types of tender.

A tender for part performance is

  1. a valid tender

  2. a voidable tender

  3. not a valid

  4. always applicable


Correct Option: C
Explanation:

It is never applicable unless intended by promisee.

Legal tender for money includes

  1. current currency notes and coins.

  2. old currency notes and coins.

  3. old and new currency notes and coins.

  4. all of these.


Correct Option: A
Explanation:

Only the currency currently in circulation can be taken as legal tender.

______ means substitution of old contract by a new one.

  1. Novation

  2. Alteration

  3. Recission

  4. Remission


Correct Option: A
Explanation:

Novation means substitution of new contract in place of an old one. Alteration means changing one or more terms. Recission means cancellation of contract.

Anticipatory breach of contract occurs when a party refuses to perform the contract

  1. before the due date

  2. on the due date

  3. after the due date

  4. any time


Correct Option: A
Explanation:

Anticipatory breach takes place before the due date.        Actual breach takes place on the due date.

If a person under voidable contract opts to rescind the contract,

  1. he is not required to restore the benefits received under contract.

  2. he should restore the benefits received under contract.

  3. he should take the advice of court to restore the benefits.

  4. all of these hold true in this case.


Correct Option: B
Explanation:

Since the contract has been rescinded, so benefits should be restored.

In the absence of contrary contract, the amount of damages for the breach of contract is decided by the

  1. concerned parties

  2. third party

  3. aggrieved party

  4. court


Correct Option: D
Explanation:

The Court has the right to decide the amount of damages.

The ________ damages are awarded when there is actually no real loss to aggrieved party.

  1. general

  2. special

  3. nominal

  4. exemplary


Correct Option: C
Explanation:

These damages are very nominal but awarded by Court only to recognize the wrong act of the concerned party.

_______ damages are awarded in cases like breach of contract of marry, wrongful dishonour of cheque by the banker, etc.

  1. General

  2. Special

  3. Nominal

  4. Exemplary


Correct Option: D
Explanation:

These damages are awarded when it is difficult to assess the loss caused to aggrieved party.

Quantum Meruit means

  1. as much as is decided

  2. as much as is earned

  3. sufficient amount of damages

  4. as much as is loss


Correct Option: B
Explanation:

It implies that the party is entitled to claim the payment as much as it has earned.

_______ means an order by Court for prohibiting a party from doing a thing which it promised not to do.

  1. Recission

  2. Novation

  3. Injunction

  4. Alteration


Correct Option: C
Explanation:

For example: An actor who had promised not to act for any other producer but is now going to contract with other producer, an injunction order may be given by Court.

______ contracts are based on principles of equity, justice and good conscience.

  1. Contingent

  2. Wagering

  3. Quasi

  4. Expressed


Correct Option: C
Explanation:

These contracts are not based upon agreement, but imposed by law.

The finder of lost goods has the same rights as that of the

  1. bailor

  2. bailee

  3. buyer

  4. seller


Correct Option: B
Explanation:

The position of finder is just as that of the bailee.

Insurance contracts are examples of _______ contracts.

  1. contingent

  2. wagering

  3. quasi

  4. expressed


Correct Option: A
Explanation:

Contingent events always arise on happening or non-happening of an event.

Sometimes silence may amount to

  1. coercion

  2. undue influence

  3. fraud

  4. misrepresentation


Correct Option: C
Explanation:

In certain circumstances, silence may cause fraud.

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