0

Contract Reasoning

Description: Contract Reasoning
Number of Questions: 15
Created by:
Tags: Contract Reasoning Contract Law
Attempted 0/14 Correct 0 Score 0

Directions: Go through the problem and encircle the most appropriate answer.

Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed. 'A' wanted to buy a house and he contracted with a surveyor 'S' to inspect a particular house and value it for him. S surveyed the house and valued it for Rs. 10 lakhs. S, however, failed to notice the defective plumbing system in the house and had he taken note of it, the house would have been worth only Rs. 8 lakhs. A followed S's advice and bought the house for Rs. 8 lakhs and thereafter spent Rs. 4 lakhs for repairing the plumbing system. He filed a suit against S claiming Rs. 4 lakhs as damages.

  1. A should get Rs. 4 lakhs, because that was the amount that he had to spend finally to make the house worth living.

  2. A should get Rs. 2 lakhs, since he paid additional Rs. 2 lakhs on account of S's negligence.

  3. A should get Rs. 4 lakhs, since that loss was attributable to S's negligence.


Correct Option: B

Directions: Go through the problem and encircle the most appropriate answer.

One evening a delivery boy from M/s. K.T. Das & Co., delivered a carton of sweets at Mr. Chatterjee's residence. The delivery boy told Mrs. Chatterjee that the sweets were ordered by her husband. When Mr. Chatterjee came home in the evening, he told his wife that he did not order any sweets. Nevertheless, the entire family finished all the sweets. Next day morning the delivery boy came again to Mr. Chatterjee's residence and explained that by mistake he delivered the carton to them, in fact it was to be delivered to their next door neighbour. Mr. Bannerjee. When Mrs. Chatterjee told him that they had already consumed the sweets, the boy on behalf of his employer asked Mrs. Chatterjee to pay the price of sweets.

  1. M/s. K.T. Das & Co. have no right to claim the price because there was a serious mistake on the part of their employee.

  2. M/s. Das and Co. cannot claim the price because the sweets were not ordered by Mr. or Mrs. Chatterjee at all.

  3. M/s. Das & Co. cannot claim the price because there was no contract or agreement between them and Mr./Mrs. Chatterjee.

  4. M/s. Das & Co. are entitled to claim the price from Mr. & Mrs. Chatterjee because they consumed the sweets without ascertaining why they were delivered to them and because they enjoyed the sweets through they did not order them.


Correct Option: D
Explanation:

(4) The fact that the Chatterjees consumed the sweets and did not return them to K.T.Das, creates an implied contract between them and K.T. Das. They are hence liable to pay for the sweets.

Directions: Go through the problem and encircle the most appropriate answer.

An agent is entitled to such commission as was greed between himself and his principal at the time of the entering into contract of agency. Gopal wanted to lease out his house and he asked the local estate agent, Shivappa, to find a tenant for him. As per the terms of Shivappa, which were generally followed by all the agents of the locality, an agent would get one month's rent as commission in the case of leasing and 5% of sales price in the event of sale. Shivappa found one Krishappa who was desparately looking for a house to stay. Krishappa met Gopal for negotiation, and on a further talk, he found that Gopal was really interested in selling the house. Finally, instead of taking the house on a rent of Rs. 2000/- per month. Krishnappa bought the house for Rs. 2 lakhs. Gopal offered to pay Rs. 2000/- to Shivappa, since that was the rent he specified to Shivappa while instructing Wm to find a tenant. But Shivappa demanded the commission on the sale price.

  1. Shivappa should get only Rs. 2000/- since he was asked to find a tenant for that rent.

  2. Shivappa should get Rs. 10,000/- taking into account the ultimate result of the transaction.

  3. Shivappa should get Rs. 10,000/- taking into account the ultimate result of the transaction.


Correct Option: A

Directions: Go through the problem and encircle the most appropriate answer.

A minor is not competent to contract. A minor mortgaged her house and received advance the mortgagee files a suit against the minor to recover the money advanced by him. The minor mortgagor takes the plea that the suit is not maintainable as there was no valid contract. Decide.

  1. An agreement with minor is absolutely void

  2. It is voidable at the option of the parties

  3. The minor is liable to return the money received by him as advance

  4. None of these.


Correct Option: C
Explanation:

(3) This option follows from (1), i.e. a contract with a minor is void, but the minor cannot, based on this principle, unjustly enrich himself/herself.

Directions: Go through the problem and encircle the most appropriate answer.

When the parties to an agreement agree on the same thing in the same sense, there arises legally binding obligations between them. Facts: Zaverilal's antique shop was a well-known shop of the locality. Taradevi, a socialite of the locality, went to the shop and she was attracted by an earthern jar on display. Zaverilal explained to her that the jar belonged to Hoysala period; and despite its earthern composition, it was very strong and almost unbreakable. Taradevi replied to him that she was so captivated by the jar that it was immaterial to her as to which period it belonged. She bought the jar and came home. She placed the jar in a prominent place in her drawing room. One of her friends, an art critique, who happened to visit her, told her that the jar was not at all an Antique, but Taradevi did not bother about it. One day, it accidentally fell down and broke into pieces. Taradevi took up the matter with Zaverilal that his both statements were wrong and therefore, he should pay damages to her.

  1. Zaverilal must compensate her, since his both the statements concerning jar were wrong.

  2. Zaverilal need not compensate, since, Taradevi was not concerned with its antique value at all.

  3. Zaverilal must compensate, because he carelessly made the statements.


Correct Option: B
Explanation:

This is the best choice among the available options. Please note that Zaverilal may be held liable for the breakage of the vase.

Directions: Go through the problem and encircle the most appropriate answer.

Limitation bars the remedy, not the right.

After the expiry of the period of limitation of three years, debtor Rohan makes a part-payment of debt to creditor Sohan. Sohan then files a suit against Rohan for recovery of the debt after two years from the date of party payment. Decide.

  1. The part payment extends the period of limitation

  2. The suit is time barred as part payment is made after the expiry of period of limitation

  3. Fresh period of limitation beings from the date of part payment


Correct Option: C

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Mohan promised to take Sundar out for a dinner in TAJ COROMANDAL. Even after two weeks, Mohan did not fulfil the promise. Sundar wants to sue Mohan to enforce that promise. Principles: I. An agreement enforceable in a court of law is a contract, II. In order for an agreement to be enforceable in a court of law, there must be a meeting of minds between both the parties, III. Parties to a contract should be something for the other party. The obligation to do something for the other party is mutual. This is called 'consideration' and absence of consideration renders the contract unenforceable.

If Sundar goes to court:

  1. he can compel Mohan to buy him a dinner at Taj Coromandal

  2. he can recover the value of dinner from Mohan

  3. this promise will not be enforced by a Court of Law as there is no consideration from Sundar

  4. none of the above answers is correct


Correct Option: C

Directions: Go through the problem and encircle the most appropriate answer.

A contract without consideration is void. A owes B Rs. 1100/- but the debt is barred by limitation. B cannot file a suit. A signs a written promise to pay B Rs. 500 on account of this debt. B now files a suit for the recovery of Rs. 500/-. Decide.

  1. The contract is not enforceable as consideration is inadequate

  2. Time barred debt is no consideration

  3. The contract is enforceable as it has sufficient consideration


Correct Option: C

Directions: Go through the problem and encircle the most appropriate answer.

A contract without consideration is void. When at the desire of one party, the other party does something, the consideration is said to flow from the latter to the former. A house was on fire and a child was trapped inside the house. Everyone was shouting for help. A brave onlooker, hearing the shreikhs of child, went inside the house and brought it out. The grateful father of the child promised to pay the rescuer Rs. 10,000/-. Subsequently, he reneged the promise. The rescuer sused the promise for the breach.

  1. The father of the child must pay for the service rendered by the rescuer.

  2. The rescuer is not entitled to the payment, since he acted on his own.

  3. Commercial considerations cannot be applied to humanitarian instincts.


Correct Option: B
Explanation:

(2) The rescuer did not carry out the rescue in pursuance of a promise to pay by the father. He did the act on his own and not in exchange for any promise. The subsequent promise does not amount to a contract since for a contract an act, just be done at the desire of another, as is clearly not the case here.

Directions: Go through the problem and encircle the most appropriate answer.

Agreements, the meaning of which are not certain or capable of being made certain, are void. A lease agreement between the landlord and tenant would spend his own money in renovating the house and adjust it against the monthly rent of Rs. 4000/-. The tenant in the course of renovation covered the courtyard which was open; and for covering the courtyard, spent Rs. 1 lakh. When he sought to adjust it against the monthly rent, the landlord argued that the renovation did not include covering the courtyard. The landlord's submission was that the contract was void on account of uncertainty.

  1. The clause concerning renovation is valid, because the cost incurred was clearly identified.

  2. The clause concerning renovation is void, because the landlord and tenant had different perceptions thereof.

  3. The landlord must have taken care to define renovation; and for his oversight, he cannot blame the tenant.


Correct Option: B
Explanation:

The landlord could not have contemplated an expensive task such as the covering of the courtyard within the definition of renovation. Clearly, both the parties had different conception of what actually amounted to renovation.

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle: When a person represents to another something as a true fact, knowing fully well that it is not true, he is guilty of fraud. The person subjected to fraud may avoid an agreement.

Facts: A presents a horse for sale. The horse is kept on display so that anyone interested could examine it. The horse has a cracked hoof and it is cleverly concealed by the owner. B tells A “If you do not deny it, I shall assume that the horse is sound”. A keeps silent. B purchases the horse.

  1. B can avoid the agreement on discovery of the defect.

  2. B cannot avoid the agreement, as the horse was on display and he could have satisfied himself of its soundness by personal examination.

  3. B cannot avoid the agreement as A did not make any representation to mislead him. He merely kept silent so that B could find things out by himself.


Correct Option: A
Explanation:

Because the facts state that the defect was cleverly concealed, which means it was not easily detectable. Also, B's statement imposes a duty on A to speak and so when A holds his silence, he deceives B.

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle 1: No consideration - No contract. Principle 2: Consideration is something done or abstinence of a party at the desire of another party. Principle 3: Consideration must have value in the eye of law. Fact: Innovative Education Trust manages a School named Bharat Vidyaniketan. Ashok, the parent of a student in the School suggested to the Trust that it could build a new library building for which he would bear a part of the cost. The School authority accepted the suggestion and started construction of the building. Ashok having suffered a loss in business, now refuses to pay the part he had offered earlier.

Which of the decision you think is appropriate?

  1. Ashok is not liable to pay as the building was for the benefit of the School and he has nothing to do with it by way of enjoying any benefit.

  2. He is liable to pay as Ashok's child is a student in the same School.

  3. Ashok is liable to pay because based upon his promise, the School authority started construction of the building.


Correct Option: C
Explanation:

(3) because the promise to pay money and the decision to construct the library are reciprocal promises.

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle 1: If there is undue influence on a party to an agreement,he may refuse to perform the agreement. Principle 2: When one party in an agreement is in a position to dominate the will of the other party and he uses his position over the other party to get the other party's consent to the agreement, this is undue influence. Fact: The landlord asks the tenant to agree to increase the rent to double the previous amount or to vacate the house. The tenant had to agree to give double the previous rent and continue living in the house. He thereafter refuses to pay.

Which of the following answer you think more appropriate?

  1. Tenant has to pay the new rent.

  2. Tenent has to pay the old rent and continue to occupy the house.

  3. Tenent has to pay the old rent but vacate the house with in a reasonable time.


Correct Option: A
Explanation:

The tenant has agreed to the increase in rent, and continued to reside in the house. If he wad unhappy with the terms, he could always have shifted his residence. Just because shifting residences/ paying a higher rent causes inconvenience to a party, the party cannot choose the easier option, and then seek to reject the contract, claming undue influence.

Directions: Given below is a statement of principle, followed by a factual situation. Apply the principle to the facts and select the most appropriate answer among three alternatives given. Encircle your choice and explain why you think your answer is correct in not more than 3 to 4 lines. If it exceeds 4 lines, then penalty may be imposed.

Principle 1: Acceptance of an offer is complete when the acceptance is put into the course of transmission so as to be out of the power of the acceptor. Principle 2: Acceptance once completed makes the agreement binding on both the parties. Fact: A accepts to by B's offer of his motor car for Rs. 4 lakhs. The acceptance we put into e-mail. Unfortunately, when the e-mail was put, there is distortion as a result of which B is not in a position to really read what A has written.

  1. Both the parties are bound to perform their part of the agreement.

  2. Nobody is bound to perform the agreement.

  3. A is bound to perform the agreement but not B.

  4. B is bound to perform the agreement but not A.


Correct Option: A
Explanation:

(1) strictly applying the principle, the minute the email leaves A's computer, it is out of his control, which means acceptance is complete. Consequently, the agreement is binding on both the parties.

- Hide questions