Performance Of Contracts

1. Performance of contract means the performance by the parties of their respective obligations (promises).

True

False

2. A party is said to have performed his promise when he has fulfilled his respective obligation under the contract.

True

False

3. Where the manner and time for performance is prescribed by the promisee, the promise should be performed in the manner and time so prescribed.

True

False

4. A contract involving personal skill of the promisor, can be performed by

Promisor alone

Agent of promisor

Promisor's legal representatives

All of these

5. Where one person makes a joint promise to more than one person, then which of the following statement is correct?

All the promisees must jointly claim the performance.

On the death of any one of them, his legal representatives must jointly, with the surviving promisees claim performance.

On the death of all the joint promisees, the legal representatives of all of them must jointly claim performance.

All of these.

6. A promises to paint a picture for B for Rs. 10,000 a dies before painting the picture. In this case,

A's legal representative should arrange a painter and perform the contract

Contract comes to an end on the death of 'A'.

B remains liable to pay the agreed amount to A's legal representative.

None of these.

7. A, B, and C jointly owe Rs. 60,000 to D.A was compelled by D to pay the entire amount or Rs.60,000. In this case,

D is not justified and he is liable to refund the entire amount to A

A can file a suit against D for recovery of the amount exceeding his share

A is entitled to recover Rs. 20,000 each from B and C.

On payment by A, the contract is discharged, and B and C are also not liable to A.

8. Can a time - barred debt be adjusted by a creditor, where the debtor makes the payment without indicating the debt to be adjusted?

Yes, in such a case the creditor is at liberty to do this.

No, as a time-barred debt cannot be recovered.

9. Performance of contract means the performance of respective obligations under the contract by

Promisor only

Promisee only

Both the promisor and promisee

Court of law

10. A entered into contract with B to deliver certain goods at a certain goods at a certain price to B. A offered the goods to B at proper to B at proper time and place, but B refused to accept the goods . In the case

A is discharged from further liability under the contract, but get no other right.

A can sue B for breach of contract, but not discharged form his liability.

A is discharged form his liability and can also sue B for breach of contract.

B is not guilty of breach as a party is not bound to accept a valid tender of performance.

11. Performance of contract may be

Actual

Attempted

Either (a) or (b)

None of these.

12. Where promisor dies before performance of a contract involving persona skill , the promisee can demand performance form legal representatives of promisor if he so wishes.

True, as the promisee is at liberty to demand performance.

False, as contracts involving personal skill come to in end on the death of promisor.

13. Which of the following statements is correct?

As a general rule the performance of promise cab be demanded by the promisee

Only (a) is correct

Both (a) and (b) are correct

14. The expression 'time as the essence of contract' means that the time is an essential element and the parties must

Perform their respective promises within the specified time.

Enforce the contract in court within the specified time.

Obey the court order within the specified time.

Both (b) and (c).

15. Where two or more persons jointly enter into an agreement with one or more persons, the promise is known as

Joint promise

Combined promise

Reciprocal promise

None of these

16. Failure to perform the contract within the fixed time where time is not the essence of the contract, does not affect the validity of the a contract, but the innocent party can

Claim compensation from the defaulting party for delayed performance.

Withdraw from the contract.

Perform his part of contract in installments

None of these.

17. A, B and C jointly promise to pay Rs. 60,000 to D. Before performance of the contract, C dies. In this case, the contract should be.

Treated as void on C's death.

Renewed between A,B and O.

Performed by A and B alone.

Performed by A and B jointly along with C's legal representatives.

18. Which of the following is the essential requirement of valid tender?

It must be made at proper time and place.

It must be unconditional and of the whole obligation.

It must provide a reasonable opportunity of inspection to the other party.

All of the above

19. Which of the following statement is a correct regarding the validity of a tender of performance?

A person making the tender must be able and willing to perform the whole of the promise

A tender a must be made to a proper person i.e., to the promisee or his duly authorized agent.

Both of the above statements are correct

None of the above statement is correct

20. On rejection of valid tender of performance by the promisee, the

Promisor is discharged from his liability under the contract.

Promisor can sue the promisee for breach of contract.

Both (a) and (b)

None of these.

21. In commercial transactions, time is considered to be the essence of the contract, and if the party fails to perform the contract within specified time, the contract becomes

Void and cannot be enforced.

Enforceable in higher courts.

Voidable at the option of the other party

Illegal for non-compliance of contractual terms.

22. Where neither party makes any appropriation, then as per Section 61, the payment should be appropriated in chronological order i.e., in order of time.

Including the illegal, debts

Including the time-barred debts

Excluding time- barred de

Starting form last five years only

23. In case of __________ , each party is a promisor as well as promisee.

Mutual and independent

Reciprocal promises

Concurrent promises

Dependent promises.

24. In case the promisor dies before the performance of the contract, then which of the following statement is correct?

The contract comes to an end if it involves the personal skill of the promisor.

Both (a) and (b)

None of these

25. A and B promise to marry each other. In this case there are

Reciprocal promise

A's promise is the consideration for B's promise

B's promise is the consideration for A's promise

All of the above.

26. Where each party is a promisor as well as promisee, it is a case of

Every valid contract

Reciprocal promises

General offer contracts

Contingent contracts.

27. The fulfillment of their respective promises by the parties to the contract is known as

Actual performance of contract

Tender of performance

Compulsory performance

None of these.

28. Which of the following persons can perform the contract?

Promisor alone

Legal representatives of promisor

Agent of promisor

All of the these.

29. A party who has performed his respective promise under the contract.

Becomes liable to the other party

Is discharged form liability under the contract.

Is guilty of performance without cooperation

None of these.

30. The promises forming consideration for each other are called

Reciprocal promises

Mutual promises

Independent promises

None of these.

31. Where the time for performance is not specified in the contract and the promisor himself has to perform without being asked by the promisee then the promise.

Must be performed within a reasonable time

May be performed at any time suitable to promisor.

May not be performed at all

Must be performed within one year.

32. The promises which are to be performed simultaneously, are know as

Mutual and concurrent

Conditional and dependent

Mutual and independent

None of these.

33. Where payment by a debtor is made without any express indication of appropriation, to which of the following debts payment can be appropriated by the creditor?

Any legal debt

Time - barred debt

Any debt legal or illegal

Both (a) and (b).

34. A owed a large sum a of money to B . C, a friend of A. offered a to pay a lesser amount to B in full and final settlement of B's claim on A . And B accepted it in full and final settlement. In this case.

The contract is validly performed and B cannot recover the balance from A

The contact is not validly performed as third party is not allowed to a perform monetary transactions.

Though B has accepted performance, he remains entitled to recover the balance.

C is personally liable to compensate B's for the short fall.

35. Where a promisee releases one of the several joint promisors, then the

Remaining joint promisors are also discharged

Remaining joint promisors remain liable to pay the entire amount.

Contract is discharged due to interference in justice

Contract becomes voidable at the option of remaining promiso'rs

36. Where the performance of a promise by one party depends upon the prior performance of promise by the other, the promise is known as

Mutual and concurrent

Conditional and dependent

Mutual and independent

Concurrent and dependent

37. Which of the following are the categories of reciprocal promises?

Mutual and concurrent

Conditional and dependent

Mutual and independent

All of these.

38. Where one party to a reciprocal promise prevents the other party form performing his promise, the contract becomes.

Void and unenforceable.

Voidable at the option of prevented party.

Voidable at the option of preventing party.

Enforceable with the permission of the court.

39. A contract become ___________ where time is essence of the contract, and the party fails to perform the contract within the specified time,

Voidable

Void

Illegal

Discharged.

40. A party bound to perform the promise may make an offer of performance of promise to the other party, and such 'an offer to perform' is known as

Tender of performance

Defaulted performance

Conditional performance

None of these.

41. Under the English Law, the release of one of the joint promisors, is the release of all other promisors.

True

False

42. The performance of contract can take place by

Performance of promise

Tender of performance of promise

None of these

Either of these.

43. A valid tender of promise

Is considered equivalent to performance of promise.

Cast duty on the promisee (i.e., other party ) to accept the performance.

Is allowed under Section 37 of the Indian Contract Act.

All of these.

44. Where no place is specified in the contract, the promise should be performed at

Any place suitable to promisor only.

Any place suitable to promisee only.

The place mutually agreed to by both the parties.

The place where the court has jurisdiction.

45. A, B and C jointly promise to pay Rs. 60,000 to D. Now suppose if all the three promisors A, B, and C die before performance of the contract. In that case, the contract

Becomes void due to impossibility of performance.

Should be performed jointly by the legal representatives of all the three promisors.

Becomes conditional depend upon the discretion of the legal representatives.

None of these.

46. A contract___________ on valid performance of contractual obligations by the parties.

Becomes void

Becomes enforceable

Is discharged

Is breached

47. The rules relating to performance of joint promises are contained in

Section 37 to 41

Sections 42 to 45

Section 39

Section 37

48. Which of the following statement is incorrect?

A promise can never be performed by a third person.

Both (a) and (b)

49. A agreed to a pay Ra, 10,000 to B, and in consideration B agreed to deliver to A either 10 bags of rice or 2 kg. Smuggled opium. In this case, the

Whole agreement is void on account of illegality

Agreement to deliver rice is valid and enforceable

Agreement to deliver opium can be performed with the permission of count.

A is liable to compensate B for non- supply of opium.

50. _______ means an offer of performance by the party.

Conditional performance

Tender of performance

Anticipatory performance

Actual performance.

51. On the valid performance of contractual obligations by the parties, the contract

Is discharged

Becomes enforceable

Becomes void

None of these.

52. Under the Indian Contract Act, the contract must be performed by actual performance of promise.

True, as Section 37 makes specific provision in this regard.

False, as Section 37 provides that the contract can also be performed by tender of performance.

53. The assignment of contract by operation of law takes place

On the death of party

With mutual consent of parties

On confirmation by legal representatives

With discretion of party taking rights.

54. The obligation of the parties to their respective promise is provided in

Section 34

Section 35

Section 36

Section 37

55. The parties to the contract may discharge their duties to perform their respective obligations by

Actual performance

Making an offer to perform

Either actual performance or offer to perform

Approaching the court of law.

56. A, B, and C jointly promise to pay Rs. 30,000 to D. For recovery of this amount, can D file a suit against A only?

Yes, as the liability of joint promisors is joint and several.

No, as the liability of joint promisors is joint only.

57. A, B, and C jointly promise to pay Rs. 9,000 to D. D releases A form his liability. In his case,

B and C are also discharged from their liability

B and C are liable to pay the entire amount of Rs. 9,000 to D.

(b) and (c).

58. The term 'reciprocal promise' is defined in

Section 2 (e)

Section 2 (f)

Section 2 (g)

Section 2 (h)

59. The sale of goods for cash is an example of reciprocal promise known as

Mutual and concurrent

Conditional and dependent

Mutual and independent

Cash and concurrent.

60. A contracted with B to clear B's mine and remove a rock form there. The

Contract is voidable at A's option.

Contract is voidable at B's option.

A is entitled to recover compensation from B for any loss suffered due to non¬performance.

Both (a) and (c).

61. Where the debtor does not expressly intimate as to which debt the payment is to be appropriated . then as per Section 60, the creditor

Must appropriate the payment towards the last due debt

Must appropriate the payment in chronological order.

May appropriate payment towards any lawful debt

May appropriate payment towards any debt lawful or unlawful.

62. Where the promise by each party is to be performed without waiting for the other party to perform his promise, the promise is known as

Conditional and dependent

Concurrent and independent

Mutual and concurrent

Mutual and independent.

63. A owes Rs. 50,000 to B. Before clearing his liability. A dies leaving behind an estate worth Rs.40,000. In this case, A's legal representatives are liable for

Rs. 10,000

Rs. 40,000

Rs. 50,000

None of these

64. Where the day for performance is specified, then the promise must be performed

On the specified day

At any time during usual hours of business.

On any day during usual business hours.

Both (a) and (b).

65. The rules relating to appropriation of payments are contained in

Sections 57 to 59

Sections 59 to 61

Section 68

Section 73

66. The refusal by the promisee to accept a valid tender of performance is known as

Frustration of contract

Attempted performance

Disobedience of tender

Attempted breach of contract

67. On the death of the joint promisors before the performance of the contract, the legal representatives of all them jointly become liable to perform the contract. This rule is known as

Devolution of joint liabilities

Devolution of joint rights

Devolution Of performance

None of these

68. A agreed to construct a house for B, and B agreed to supply the necessary material required for construction. In this case, the promises are

Mutual and concurrent

Mutual independent

Conditional and dependent

Mutual and dependent

69. Where time is not the essence of the contract, failure to perform the contract within the fixed time makes the contract.

Void

Voidable

Illegal

None of these

70. Where a party to contract transfers his rights under the contract to another person, it is legally known as

Notation of contract

Rescission of contract

Waiver of contract

Assignment of contract.

71. On rejection of valid tender of money by the creditor, the debtor is

Discharged form making repayment or debt

Not discharged form making repayment of debt.

Guilty of making tender as tender of money is not allowed.

Entitled to concession in debt for making tender in time.

72. When two or more persons have made joint promise, them unless the contrary (i.e., different) intention appears from the contract, all such promisors must fulfil the promise.

Jointly or severally

According to their wish

Jointly

Severally.

73. Where in case of reciprocal promise, a person promises to do certain things which are legal and alternatively to do certain other things which are illegal, then

Only the legal party can be enforced in a court

No part can be enforced as illegality affects both parts

Promisor Is liable t o pay damages for non-performance of legal as well as illegal part

Both (a) and (c).

74. Where the debtor instructs the creditor to which debt the payment is to be appropriated. Then as per Section 59, the creditor

Must appropriate the payment as per instructions.

Must appropriate the payment in chronological order.

May appropriate payment towards any lawful debt

May appropriate payment towards any debt lawful or unlawful.

75. Unless the performance is dispensed with or excused under the provisions of the Indian Contract Act or any other law, the parties to a contract must

Actually perform their respective promises

Offer only to perform their respective promises.

Either perform or offer to perform their respective obligations

(d) None of these.

Performance Of Contracts

1. Performance of contract means the performance by the parties of their respective obligations (promises).

2.

What first name or nickname would you like us to use?

2. A party is said to have performed his promise when he has fulfilled his respective obligation under the contract.

3. Where the manner and time for performance is prescribed by the promisee, the promise should be performed in the manner and time so prescribed.

4. A contract involving personal skill of the promisor, can be performed by

5. Where one person makes a joint promise to more than one person, then which of the following statement is correct?

6. A promises to paint a picture for B for Rs. 10,000 a dies before painting the picture. In this case,

7. A, B, and C jointly owe Rs. 60,000 to D.A was compelled by D to pay the entire amount or Rs.60,000. In this case,

8. Can a time - barred debt be adjusted by a creditor, where the debtor makes the payment without indicating the debt to be adjusted?

9. Performance of contract means the performance of respective obligations under the contract by

10. A entered into contract with B to deliver certain goods at a certain goods at a certain price to B. A offered the goods to B at proper to B at proper time and place, but B refused to accept the goods . In the case

11. Performance of contract may be

12. Where promisor dies before performance of a contract involving persona skill , the promisee can demand performance form legal representatives of promisor if he so wishes.

13. Which of the following statements is correct?

14. The expression 'time as the essence of contract' means that the time is an essential element and the parties must

15. Where two or more persons jointly enter into an agreement with one or more persons, the promise is known as

16. Failure to perform the contract within the fixed time where time is not the essence of the contract, does not affect the validity of the a contract, but the innocent party can

17. A, B and C jointly promise to pay Rs. 60,000 to D. Before performance of the contract, C dies. In this case, the contract should be.

18. Which of the following is the essential requirement of valid tender?

19. Which of the following statement is a correct regarding the validity of a tender of performance?

20. On rejection of valid tender of performance by the promisee, the

21. In commercial transactions, time is considered to be the essence of the contract, and if the party fails to perform the contract within specified time, the contract becomes

22. Where neither party makes any appropriation, then as per Section 61, the payment should be appropriated in chronological order i.e., in order of time.

23. In case of __________ , each party is a promisor as well as promisee.

24. In case the promisor dies before the performance of the contract, then which of the following statement is correct?

25. A and B promise to marry each other. In this case there are

26. Where each party is a promisor as well as promisee, it is a case of

27. The fulfillment of their respective promises by the parties to the contract is known as

28. Which of the following persons can perform the contract?

29. A party who has performed his respective promise under the contract.

30. The promises forming consideration for each other are called

31. Where the time for performance is not specified in the contract and the promisor himself has to perform without being asked by the promisee then the promise.

32. The promises which are to be performed simultaneously, are know as

33. Where payment by a debtor is made without any express indication of appropriation, to which of the following debts payment can be appropriated by the creditor?

34. A owed a large sum a of money to B . C, a friend of A. offered a to pay a lesser amount to B in full and final settlement of B's claim on A . And B accepted it in full and final settlement. In this case.

35. Where a promisee releases one of the several joint promisors, then the

36. Where the performance of a promise by one party depends upon the prior performance of promise by the other, the promise is known as

37. Which of the following are the categories of reciprocal promises?

38. Where one party to a reciprocal promise prevents the other party form performing his promise, the contract becomes.

39. A contract become ___________ where time is essence of the contract, and the party fails to perform the contract within the specified time,

40. A party bound to perform the promise may make an offer of performance of promise to the other party, and such 'an offer to perform' is known as

41. Under the English Law, the release of one of the joint promisors, is the release of all other promisors.

42. The performance of contract can take place by

43. A valid tender of promise

44. Where no place is specified in the contract, the promise should be performed at

45. A, B and C jointly promise to pay Rs. 60,000 to D. Now suppose if all the three promisors A, B, and C die before performance of the contract. In that case, the contract

46. A contract___________ on valid performance of contractual obligations by the parties.

47. The rules relating to performance of joint promises are contained in

48. Which of the following statement is incorrect?

49. A agreed to a pay Ra, 10,000 to B, and in consideration B agreed to deliver to A either 10 bags of rice or 2 kg. Smuggled opium. In this case, the

50. _______ means an offer of performance by the party.

51. On the valid performance of contractual obligations by the parties, the contract

52. Under the Indian Contract Act, the contract must be performed by actual performance of promise.

53. The assignment of contract by operation of law takes place

54. The obligation of the parties to their respective promise is provided in

55. The parties to the contract may discharge their duties to perform their respective obligations by

56. A, B, and C jointly promise to pay Rs. 30,000 to D. For recovery of this amount, can D file a suit against A only?

57. A, B, and C jointly promise to pay Rs. 9,000 to D. D releases A form his liability. In his case,

58. The term 'reciprocal promise' is defined in

59. The sale of goods for cash is an example of reciprocal promise known as

60. A contracted with B to clear B's mine and remove a rock form there. The

61. Where the debtor does not expressly intimate as to which debt the payment is to be appropriated . then as per Section 60, the creditor

62. Where the promise by each party is to be performed without waiting for the other party to perform his promise, the promise is known as

63. A owes Rs. 50,000 to B. Before clearing his liability. A dies leaving behind an estate worth Rs.40,000. In this case, A's legal representatives are liable for

64. Where the day for performance is specified, then the promise must be performed

65. The rules relating to appropriation of payments are contained in

66. The refusal by the promisee to accept a valid tender of performance is known as

67. On the death of the joint promisors before the performance of the contract, the legal representatives of all them jointly become liable to perform the contract. This rule is known as

68. A agreed to construct a house for B, and B agreed to supply the necessary material required for construction. In this case, the promises are

69. Where time is not the essence of the contract, failure to perform the contract within the fixed time makes the contract.

70. Where a party to contract transfers his rights under the contract to another person, it is legally known as

71. On rejection of valid tender of money by the creditor, the debtor is

72. When two or more persons have made joint promise, them unless the contrary (i.e., different) intention appears from the contract, all such promisors must fulfil the promise.

73. Where in case of reciprocal promise, a person promises to do certain things which are legal and alternatively to do certain other things which are illegal, then

74. Where the debtor instructs the creditor to which debt the payment is to be appropriated. Then as per Section 59, the creditor

75. Unless the performance is dispensed with or excused under the provisions of the Indian Contract Act or any other law, the parties to a contract must