The effect of novation, rescission and alteration of contract is provided under-
A. Section 59 of the Indian Contract Act, 1872
B. Section 24 of the Specific Relief Act, 1963
C. Section 62 of the Indian Contract Act, 1872
D. Section 73 of the Indian Contract Act, 1872
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Whether a contract in which time for performance of an obligation is not specified is a valid contract?
A. Contract will be void as there is no consensus ad idem as to the time for performance of the obligation vide Section 10 of the Indian Contract Act
B. Even if time is not fixed, law will presume that the obligation has to be performed in a reasonable time as provided by Section 46 of the Indian Contract Act
C. Even if no time period is provided by the contract for performance of an obligation, the contract is valid if it was recorded into a registered document
D. Even if no time for performance is provided, it is a valid contract provided that the contract is a non-commercial contract only
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An executory consideration is:
A. Past consideration
B. Mutual exchange of promises, one being a consideration for other
C. Present consideration
D. Reciprocal promise
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X' and 'Y' have jointly taken a loan from 'Z' with promise to repay the same with interest within two years. The loan is not repaid. 'Z' releases 'X' from liability and institutes a suit for recovery of the entire amount due from 'Y' alone. 'Z' in law is entitled to recover:
A. The entire outstanding from 'Y'
B. Z' having unilaterally released 'X' from the promise to repay has forfeited his right to recovery the loan amount from 'Y' also
C. Z' having unilaterally released 'X' is entitled to recover only 50% of the outstanding from 'Y'
D. Unilateral release by 'Z' of 'X' from liability is void and 'Z' can maintain a suit against both 'X' and 'Y'
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Which of the following is not true?
A. Quasi contracts create obligations on non-contracting parties
B. Quasi contracts remedy instances of unjust enrichment
C. Quasi contracts create legal substitutes of a contract
D. Quasi contracts are only related to minors
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Which of the following is correct under the Indian Contract Act, 1872?
A. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards
B. All agreements are contracts but all contracts are not agreements
C. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of sound mind
D. The communication of a revocation is complete, as against the person to whom it is made, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it
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In case of joint promise, generally the performance must be by:
A. All the promisors jointly
B. Anyone of them individually
C. Individual promisor with the consent of the promisee
D. None of the above
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Under Section 20 of the Indian Contract Act, 1872 in case both the parties are under mistake as to matter of fact, the contract:
A. Is valid
B. Is invalid
C. Is void
D. None of these
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X' on 1st July, 2018 agrees to sell his house to 'Y' for a price of Rs. 1 crore, if the entire price is paid on or before 31st July, 2018 and for the price of Rs. 1,25,00,000/- after 31st July, 2018 but before 30th September, 2018. It was further agreed that if the entire price is not paid by 30th September, 2018, 'Y' shall not be entitled to purchase the house and the earnest money paid by 'Y' to 'X' shall stand forfeited. Such an agreement:
A. Is void for uncertainty
B. Is void because the meaning of it is not certain on account of being by way of wager
C. Is enforceable in law
D. None of the above
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Which of the following statement is correct?
A. None of these
B. Stranger to consideration has no right
C. Stranger to consideration can enforce a promise
D. Stranger to contract can enforce a promise
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Which of the following statements are true?
(1) Minor's contract can be ratified on attaining majority.
(2) Minor's contract cannot be ratified on attaining majority.
(3) Minor's contract can be ratified jointly by both the parties to the contract.
(4) Minor is not liable under minor's contract.
(5) Minor's contract is an enforceable contract.
A. 1 and 3
B. 5 and 2
C. 2 and 4
D. 2 and 3
E. 3 and 4
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In which of the following cases it was held that the "Liability of guarantor is coextensive with that of principal debtors"?
A. Infrastructure Leasing & Financial Services Ltd. v. Vijay V. Prabhu, AIR 2010 Bom 72
B. Manita Khurana v. Indra Khurana, AIR 2010 Del 69
C. Bar Council of Delhi v. Surender, AIR 2010 Del 75
D. Purabi Dasgupta v. Arun Kumar, AIR 2010 Gau 66
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A can tracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be paid on delivery. A breaks his promise.
A. B is not entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered
B. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price does not fall short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered
C. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered
D. None of these
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Finder of lost goods under Indian Contract Act, 1872 is a:
A. Bailor
B. Surety
C. Bailee
D. None of the above
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An executed consideration
A. Is an act or actual forbearance against a future promise
B. Liability is outstanding on one side only
C. Can be positive or negative
D. All the above
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An agreement is valid
A. Which creates legal and social obligations of the parties
B. Which creates rights of a party
C. Which is written on a piece of paper and signed by the parties
D. Which creates legally binding right and obligations of the parties to it
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'X', a Delhi merchant & native of Delhi entered into contract with 'Y', a Jabalpur merchant for the purchase of 50 quintals of Sitaphal. In Delhi Sitaphal is a vegetable, while in Jabalpur it is a fruit
A. The terms of contract are to be interpreted as per meaning of the proposer
B. The terms of the contract have to be interpreted as per the meaning understood by the acceptor
C. The contract is void on account of mutual mistake as to the meaning of sitaphal
D. No concluded contract has come into being as there was no meeting of minds
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Which of the following sections of the Indian Contract Act, 1872 imposes on a person, who sues for damages, a duty to mitigate the loss consequent upon the breach of contract?
A. Section 72
B. Section 73
C. Section 74
D. Section 75
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A contracts to pay B a sum of money when B marries C. C dies without being married to B.
A. The contract still can be forced
B. The contract becomes void
C. Either (A) or (B)
D. None of these
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Which of the statements given below is/are correct?
1. An agreement, without consideration, in writing and registered, made on account of natural love and affection between parties standing in a near relation, is a valid contract.
2. If any part of a single consideration for one or more objects, is unlawful, the agreement is a voidable contract.
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
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