In which of the following cases, the Supreme Court held that, in a case of breach of contract, the proof of loss not necessary when genuine pre-estimated loss is stipulated in contract
A. Roop Kumar v. Mohan Thedani, Supreme Court, 2003
B. ONGC Ltd. v. Saw Pipes Ltd., Supreme Court, 2003
C. Pawan Hans Ltd. v. Union of India, Supreme Court, 2003
D. SBI v. United Commercial Bank, Delhi High Court, 2003
Select an option to see the answer and solution.
Consider the following statements:
1. A contract with a minor is void, however, a minor can after attaining majority ratify an agreement made by him during his minority.
2. Minor is not liable for the wrongful act when the cause of action in substance is ex contractu.
Choose the correct option from below:
A. Both 1 and 2 are correct
B. Both 1 and 2 are incorrect
C. Only 1 is correct
D. Only 2 is correct
Select an option to see the answer and solution.
A tells B, "I offer to sell you my horse for an amount between Rs. 10,000 and Rs. 12,000". Which of the following is correct about the offer? It is
A. A valid offer because in an offer a price range may be given
B. Not a valid offer because it is uncertain
C. Not a proper offer because it is a cross offer
D. A valid offer because it is properly made and communicated
Select an option to see the answer and solution.
In which case it was held that a contract through telephone is concluded at the place where acceptance is heard?
A. Lalman Shukla v. Gauri Dutt, (1913) XL ALJR 489 (All)
B. Carlill v. Carbolic Smoke Ball Co., (1981-4) All ER Rep 127
C. Bhagwandas Goverdhandas Kedia v. M/s Girdhari Lal Parshottamdas & Co., AIR 1966 SC 543
D. Satyabrata Ghose v. Mugneeram Bangur & Co., AIR 1954 SC 44
Select an option to see the answer and solution.
Frustration of contract is provided by which section of the Indian Contract Act?
Select an option to see the answer and solution.
If an acceptance on phone is drowned by noise & is not heard by the proposer
A. No contract is concluded
B. A valid contract is concluded
C. There is a voidable contract
D. The contract is void
Select an option to see the answer and solution.
A proposal stands revoked
A. By communication of notice of revocation by the proposer
B. By failure of acceptor to fulfil a condition precedent
C. By death or insanity of proposer to the knowledge of acceptor
D. All the above
Select an option to see the answer and solution.
A contract of guarantee may be made:
A. By a company, by writing under its common seal
B. On behalf of a company, by any person acting under its authority, express or implied. Directors may bind themselves personally by a guarantee which they sign or adopt
C. Either (A) or (B)
D. None of these
Select an option to see the answer and solution.
The first case on the 'doctrine of frustration' as decided by the Supreme Court of India is-
A. Basanti Bastralaya v. River Steam Navigation Co. Ltd.
B. Raja Dhruv Dev Chand v. Raja Harmohinder Singh
C. Sushila Devi v. Hari Singh
D. Satyabrata Ghose v. Mungneeram
Select an option to see the answer and solution.
Section . . . . . . . . to . . . . . . . . of the Contract Act, deals with principal's duty to agent
A. Section 222, 225
B. Section 222, 230
C. Section 222, 235
D. All of above
Select an option to see the answer and solution.
In India, the doctrine of impossibility of performance of a contract being void, is based on
A. The theory of implied term
B. The theory of just and reasonable solution
C. Supervening impossibility or illegality as laid down in Section 56 of the Indian Contract Act, 1872
D. The principal of unjust enrichment
Select an option to see the answer and solution.
The term "consensus ad idem" means-
A. No agreement can have more than one meaning
B. To agree the same way
C. To agree on the same thing with same sense
D. To agree for different objects in the same sense
Select an option to see the answer and solution.
Read the following carefully:
(1) Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.
(2) In the case of continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of time during which the breach or the tort, as the case may be, continues.
Of the above:
A. (1) is true but (2) is false
B. Is false but (2) is true
C. Both (1) and (2) are true
D. Both (1) and (2) are false
Select an option to see the answer and solution.
The acceptance given by A on B's invitation for lunch over phone is not a contract because of which one of the following?
A. The acceptance was given orally
B. The parties did not talk face-to-face
C. There is no intention to create a legal obligation
D. Invitation cannot be proved in the court of law
Select an option to see the answer and solution.
"If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed." The statement relates to:
A. Substitute for a contractual party
B. The effect of novation, rescission and alteration of contract
C. Unilateral alteration of a contract
D. A substitute contract without consideration
Select an option to see the answer and solution.
A contract, which ceases to be enforceable by law, ceases to be enforceable. It is known as
A. Unenforceable contract
B. Void contract
C. Voidable contract
D. Contingent contract
Select an option to see the answer and solution.
If the promisee accepts the anticipatory breach committed by the promisor, then
A. The promisee need not perform his part of the contract and he cannot claim damages from the promisor
B. The promisee must perform his part of the contract before claiming damages from the promisor
C. The promisee need not perform his part of the contract and he can also claim damages without waiting till the date of performance
D. The promisee need not perform his part of the contract but he can also claim damages from the promisor only after the date of performance
Select an option to see the answer and solution.
A agrees to pay B Rs. 1,000 if B will marry to A's daughter C. C was dead at the time of the agreement. The agreement is
A. Invalid
B. Voidable
C. Void
D. Valid
Select an option to see the answer and solution.
Every person is competent to contract
A. Who is of the age of minority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
B. Who is of the age of majority according to law to which he is not subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
C. Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not qualified from contracting by any law to which he is subject
D. Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law of which he is subject
Select an option to see the answer and solution.
A proposes, by a letter sent by post, to sell his house to B. When is the last point of time when A can revoke the proposal?
A. Before the date/time when A posts the letter
B. Before the date/time when B receives the letter
C. Before the date/time when B posts his letter accepting the proposal, or
D. Before the date/time when A receives the letter of acceptance, sent by B
Select an option to see the answer and solution.