A right to sue on "Quantum Merit" arises:
A. When a party has fully performed the contract
B. When a party partly performed the contract and is discharged by the other party
C. When a contract is discharged by impossibility of performance
D. When a contract becomes illegal
Select an option to see the answer and solution.
Which one among the following is the correct legal proposition
A. Stranger to contract as well as stranger to consideration can not sue
B. Stranger to contract as well as stranger to consideration can sue
C. Stranger to contract can sue but stranger to consideration can not sue
D. Stranger to contract can not sue but stranger to consideration can sue
Select an option to see the answer and solution.
Pawnee has the right to retain the goods pledge for the:
1. payment of the debt for which the goods were pledged.
2. payment of subsequent debt.
3. payment of subsequent debt if there is a contract to that effect.
4. interest on the debt and expenses for preservation of pledged goods.
Select the correct answer using the given below:
A. 1 and 4 only
B. 1, 3 and 4
C. 2, 3 and 4
D. 1, 2 and 3
Select an option to see the answer and solution.
Valid Contracts
A. Are made by free consent
B. Are made by competent party
C. Have lawful consideration and lawful object
D. All of the above
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J, a usual customer of B, orders certain goods on the day on which B transfers his business to the plaintiff. The plaintiff accepts the order and supplies the goods. Thereupon, J refuses to pay alleging that he has intended to contract only with B since he is having a set off against him. J
A. Has no liability to pay the price because he has never intended to contract with the plaintiff
B. Is liable to pay as he has already been supplied in response to his order
C. Is liable to pay because the plaintiff has supplied the goods as the agent of B
D. Is liable to pay because he can claim reimbursement from B
Select an option to see the answer and solution.
B is wife of A. A during lifetime of B and with her consent makes an agreement with C to marry her (C). The agreement is
A. Void
B. Voidable
C. Valid
D. None of the above
Select an option to see the answer and solution.
A suit for rectification of contract, may be allowed, if the real intention of parties are not expressed in the contract due to
A. Fraud
B. Mistake on the part of one of the parties
C. Coercion exercised by one of the parties
D. All of these
Select an option to see the answer and solution.
Which of the following is correct statement?
A. A person, named by the agent, to act for the principal in the business of the agency, is a sub-agent
B. An agent is not liable for the acts of a disclosed principal subject to a contract to the contrary
C. A person with whom a contract has been entered into in the character of agent, is entitled to require the performance of it, if he was in reality acting, not as agent, but on his own account
D. When the agent commits a crime at the instance of the principal, he can claim indemnity from the principal against the consequences of the crime
Select an option to see the answer and solution.
As regards third parties, the sub-agent can neither bind the principal nor the original agent
A. For the acts of sub-agent, lawfully appointed
B. The agent is not responsible to the principal
C. The sub-agent is responsible to the principal directly
D. The sub-agent is not responsible to the principal
Select an option to see the answer and solution.
A promises to give Rs. 5,000 per month pocket money to his son B. If A does not give the pocket money
A. B can sue his father
B. B has no remedy against A
C. B can accept a lower pocket money also
D. B has to give Rs. 5,000 to his father
Select an option to see the answer and solution.
Indian Contract Act:- Inadequacy of consideration is relevant in determining the question of-
A. Fraud
B. Misrepresentation
C. Undue influence
D. Free consent
Select an option to see the answer and solution.
Earnest money is the sum of money deposited for the performance of the contract, so which is not correct
A. It is not a part of purchase price
B. It is given at the time of conclusion of the contract
C. It can be given at any time
D. It is a guarantee of due performance of the contract
Select an option to see the answer and solution.
The two main competing definitions of contract in the common law are:
A. "Contract is a promise or set of promises which the law will enforce" and "Contract is an agreement giving rise to obligations which are enforced or recognized by law"
B. "Contract is a civil obligation" and "Contract is a transaction supported by legal intention"
C. "Contract is a negotiation enforceable by law" and "Contract is a bundle of voluntary rights"
D. None of the above
Select an option to see the answer and solution.
A is a tenant of B. A is interested in payment of property tax which B is bound by law to pay. A pays the tax on behalf of owner B because B was not willing to pay it. A is:
A. Entitled to be reimbursed by B
B. Not entitled to be reimbursed by B
C. Entitled to demand an equal contribution from B
D. Entitled to sell B's property
Select an option to see the answer and solution.
A' contracts to sing for 'B' at a concert for Rs. 1,000 which are paid in advance. 'A' is too ill to sing. Then:
A. A' must refund to 'B' Rs. 1,000 paid in advance
B. A' must not refund to 'B' Rs. 1,000 paid in advance
C. 'B' can receive compensation from 'A'
D. None of the above
Select an option to see the answer and solution.
X hands over her expensive saree for cleaning to a dry cleaner who loses the same. X claims the total value of the saree. The dry cleaner refers to a clause printed in the contract receipt which states that the dry cleaner can be held liable for Rs. 50 or 10% of the original value of the cloth only, whichever is less. Which one of the following propositions holds good to explain the correct position of law on the point?
A. The Court generally does not entertain such frivolous cases
B. The Court will rely upon the clause in contract receipt and award only 10% of the cost of the saree (or Rs. 50 if it is less)
C. The Court will award reasonable damages, ignoring the clause as unreasonable
D. None of the above
Select an option to see the answer and solution.
Doctrine of unjust enrichment' was laid down by the Supreme Court in which one of the following cases?
A. Sarla Mudgal v. Union of India
B. Mafatlal Indsutries Ltd. v. Union of India
C. S. R. Bommai v. Union of India
D. Unni Krishnan v. State of Andhra Pradesh
Select an option to see the answer and solution.
Consider the following statements:
1. When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused.
2. Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Select an option to see the answer and solution.
Whether consideration under a contract, for the contract to be valid, can only be exchanged between the parties to the contract, and not by or between third persons who are not parties to the contract?
A. Consideration can be paid even by third party to a contract
B. Consideration to a contract cannot be paid by third party to a contract, except when payment is by a negotiable instrument
C. Consideration can be exchanged even between third parties to a contract but only when third parties are legal heirs of the original parties to the contract
D. Consideration can be exchanged between persons who are not parties to the contract if at least some part of the consideration is received between the parties to the contract
Select an option to see the answer and solution.
Which one of the following facts constitutes a Contingent Contract?
A. A contracts to pay B Rs. 10,000 if B's house is burnt
B. Where a salt lake was offered by way of lease on deposit of a sum of money within a specified period
C. Acceptance of a tender for up to 1000 tons of coal to be supplied as and when any order is placed during the financial year
D. When a bank offers a locker to its customer subject to the condition that the customer makes a fixed deposit of rupees one lac with the bank before the end of the month
Select an option to see the answer and solution.