Breach Of Contract
No. Of Questions to be Answered : Random 20 out of 55
- 1.The breach of contract means the
- A.
Performance of contract by both the parses.
- B.
Failure of party to perform his obligations.
- C.
Payment of compensation due to non - performance.
- D.
Postponement of the performance of contract.
- 2.The breach of contact occurs when a party
- A.
Fails to perform his obligations on due date.
- B.
Dedares not to perform his obligation on due date.
- C.
Both (a) and (b).
- D.
None of these.
- 3.The breach of contract may be
- A.
Actual breach only
- B.
Anticipatory breach only
- C.
Either (a) or (b)
- D.
None of these
- 4.When on the due date of performance or during the performance, a party fails to perform his obligation, it is known as
- A.
Actual breach of contract
- B.
Anticipatory breach of contract
- C.
Abandonment of contract
- D.
Cancellation of contract.
- 5.When prior to the due date of performance, the promisor absolutely refuses to perform the contract, it is known as
- A.
Actual breach of contract
- B.
Cancellation of contract.
- C.
Anticipatory breach of contract
- D.
Abandonment of contract.
- 6.A breach of contract
- A.
Discharges the other party form performing his obligations.
- B.
Does not discharge the other party form performance.
- C.
Gives one more chance to defaulting party to perform the contract.
- D.
Is not recongnised under the India Law.
- 7.Anticipatory breach is the repudiation of the contract
- A.
On due date of performance.
- B.
During the performance.
- C.
Before the due date of performance.
- D.
Both (a) and (b).
- 8.A contracted to supply 100 bags of rice to B on 30.12.06. Before the due date of performance (i.e., 30th December,2006), A informed B that he will not supply any rice to B as contracted. In this case,
- A.
There is anticipatory breach of contract.
- B.
B may immediately treat the contract cancelled
- C.
Both of these.
- D.
None of these.
- 9.The doctrine of anticipatory breach has been incorporated in
- A.
Section 37
- B.
Section 39
- C.
Section 41
- D.
Section 43
- 10.In case of anticipatory breach of contract, the aggrieved party (i.e., party not a fault). May treat the contact as
- A.
Discharged and bring an immediate action for damages.
- B.
Operative and wait till the time for performance arrives.
- C.
Exercise either option (a) or (b).
- D.
Only option (a) is available.
- 11.An anticipatory breach of contract does not give any right to claim compensation.
- A.
True
- B.
False
- 12.In case of- breach of contract, which of the following remedy'is available to the aggrieved party?
- A.
Suit for rescission
- B.
Suit for damages
- C.
Suit for specific performance
- D.
All of these
- 13.When a party rightfully rescind (i.e., cancel) the contract, he is
- A.
Discharged form all obligations under the contract.
- B.
Entitled to receive compensation, form the defaulting party, for damages due to non¬performance .ss
- C.
Only (a) as there is no provision for compensation.
- D.
Both(a) and (b) as Section 75 makes provision for damages.
- 14.A party entitled to rescind the contract, loses the remedy. Where
- A.
He has ratified the contract.
- B.
Third party has acquired right in good faith.
- C.
Contract is not separable and rescission is sought of a part only.
- D.
All of these.
- 15.The court may grant rescission where the contract is
- A.
Void
- B.
Uncertain
- C.
Voidable at he option o plaintiff
- D.
Voidable at the option of defendant.
- 16.In case of breach of contract, how an aggrieved party can recover compensation form defaulting party?
- A.
By suit for injunction
- B.
By suit for damages
- C.
By suit for specific performance
- D.
None of these.
- 17.In case of breach of contract, the remedies by way of suit for quantum meruit and suit for injunction are also available to the aggrieved party .
- A.
True
- B.
False
- 18.Damages for breach of contract are awarded by the courts to
- A.
Prevent the breach of contract.
- B.
Punish the liable party.
- C.
Compensate the aggrieved party.
- D.
Discourage private contract.
- 19.Quantum meruit means
- A.
As much as is earned
- B.
As much as is paid
- C.
Non-gratuitous promise
- D.
Liquidated damages.
- 20.Where a party is entitled to claim compensation in proportion to the work done by him, it is possible by way of
- A.
Suit for damages
- B.
Suit for injunction
- C.
Suit for quantum meruit
- D.
None of these.
- 21.The right to claim on quantum meruit is available to the party in addition to the right to claim damages in case of breach of contract,
- A.
True
- B.
False
- 22.A was engaged by B to write some material to published in installments in a weekly magazine of B, After a few issues of the magazine, it was discontinued by B. In this case, can A recover compensation form B for the work done?
- A.
Yes
- B.
No
- 23.The claim on quantum meruit can always be filed by a party who is not at fault.
- A.
True,as the defaulting party has no claim on quantum meruit.
- B.
False,as the defaulting may also use on quantum meruit for work done if contract is divisible and the other party has accepted work done.
- 24.The specific performance of a contract may be ordered by the court where the damages.
- A.
Are nominal only
- B.
Are adequate remedy
- C.
Can be ascertained
- D.
Are not adequate remedy
- 25.Ordering the relief by way of specific performance of contract, is
- A.
At the discretion of the court.
- B.
Right of a person and the court must give it.
- C.
Provided in the Indian Contract Act.
- D.
Both (b) and (c).
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