Indian ContrAct Act: Free Consent Quiz
Do you know anything about the Indian Contract Act? Do you think you can pass this quiz? This quiz asks essential questions, such as what the term consent means, what is consent under English Law, what is an error in consensus, what affects the free consent of the parties, how is the term coercion defined, and what is the Indian Penal Code. This quiz will validate your knowledge of the Indian Contract Act.
Questions and Answers
- 1.
The term 'consent' is defined in
- A.
Section 12
- B.
Section 13
- C.
Section 14
- D.
Section 15
Correct Answer
B. Section 13 -
- 2.
The term 'free consent' is defined in
- A.
Section 12
- B.
Section 13
- C.
Section 14
- D.
Section 15
Correct Answer
C. Section 14Explanation
Section 14 of the Indian Contract Act defines 'free consent'. This section states that consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation, or mistake. In other words, for a contract to be valid, the consent of the parties involved must be given freely and voluntarily, without any external pressure or manipulation. This section ensures that individuals enter into contracts willingly and without any unfair advantage being taken of them.Rate this question:
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- 3.
Two or more persons are said to consent when they agree upon the
- A.
Same thing in the same sense
- B.
Same thing in the different sense
- C.
Different thing in the different sense
- D.
Different thing in the same sense
Correct Answer
A. Same thing in the same senseExplanation
The correct answer is "Same thing in the same sense". This means that when two or more persons consent, they are agreeing upon the same thing in the same understanding or interpretation. This ensures that there is a mutual understanding and agreement between the parties involved.Rate this question:
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- 4.
The ' consent' means that the parties should have identity of mind i.e., they should agree on the same thing in the same sense, under English Law it is called
- A.
Error in consensus
- B.
Error in causa
- C.
Consensus ad idem
- D.
None of these
Correct Answer
C. Consensus ad idemExplanation
Consensus ad idem is a Latin term that means "agreement to the same thing." In the context of the given question, it refers to the requirement that parties involved in a contract must have a mutual understanding and agreement on the same terms and conditions. In other words, they must have a meeting of the minds and be in complete consensus regarding the terms of the contract. This principle ensures that there is a clear understanding between the parties and helps to avoid misunderstandings or disputes in the future.Rate this question:
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- 5.
A had two scooters one green and the other white, and offered to sell his green scooter to B for Rs. 10,000. B accepted the offer believing it to be for white. In this case, no contract. Arises between A and B as there is no
- A.
Consensus ad idem
- B.
Error in consensus
- C.
Error in causa
- D.
Both (a) and (b)
Correct Answer
D. Both (a) and (b)Explanation
Both (a) and (b) are correct answers for this question. The concept of consensus ad idem refers to the mutual agreement or meeting of minds between the parties involved in a contract. In this case, there is no consensus ad idem as A and B had different understandings of the offer. Error in consensus refers to a mistake or misunderstanding that affects the agreement between the parties. In this case, there is an error in consensus as B accepted the offer believing it to be for the white scooter instead of the green one. Therefore, both (a) and (b) are valid explanations for the lack of a contract between A and B.Rate this question:
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- 6.
The cases of 'no consent i.e., when there is no consent at all, are described by Salmond as
- A.
Error in causa
- B.
Error in consensus
- C.
Consensus ad idem
- D.
None of these
Correct Answer
B. Error in consensusExplanation
Salmond describes the cases of 'no consent' as "error in consensus". This means that there is a mistake or error in the agreement or understanding between the parties involved. It implies that there is a lack of mutual understanding or agreement, leading to the absence of consent.Rate this question:
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- 7.
Error in consensus is the complete absence of consent and prevents the existence of following essential element of a contract
- A.
Competence of parties
- B.
Consideration
- C.
Consensus ad Idem
- D.
Offer and p[; V-Oacceptance
Correct Answer
C. Consensus ad IdemExplanation
Consensus ad Idem refers to a meeting of minds or mutual agreement between the parties involved in a contract. It means that both parties have a clear understanding and agreement on the terms and conditions of the contract. If there is an error in consensus, it means that there is a lack of agreement or understanding between the parties, which prevents the contract from being valid. Therefore, the absence of consensus ad Idem hinders the existence of an essential element of a contract.Rate this question:
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- 8.
In case there is error in consensus , the agreement is
- A.
Void
- B.
Valid
- C.
Voidable
- D.
Unlawful
Correct Answer
A. VoidExplanation
If there is an error in consensus, it means that there is a mistake or misunderstanding in the agreement between the parties involved. In this case, the agreement becomes void, meaning it is legally invalid and has no legal effect. This means that the agreement is considered as if it never existed in the first place.Rate this question:
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- 9.
The cases of "no free consent' i.e., when tne consent is there, there, but the same is not free, are described by salmond as
- A.
Error in causa
- B.
Error in consensus
- C.
Consensus ad idem
- D.
None of these
Correct Answer
A. Error in causaExplanation
Salmond describes cases of "no free consent" as "Error in causa." This refers to situations where there is a mistake or error in the cause or reason for giving consent. In other words, the consent is given based on a false or mistaken belief about the underlying cause or reason. This can invalidate the consent because it was not freely given with full knowledge and understanding.Rate this question:
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- 10.
In cases there iserror in causa,i.e., when the consent is there, but the contract is
- A.
Void
- B.
Valid
- C.
Voidable
- D.
Unlawful
Correct Answer
C. VoidableExplanation
The given answer is "voidable". This means that in cases where there is an error in causa, the contract is valid but can be voided by one or both parties involved. This error in causa refers to a situation where there is consent to the contract, but there is some mistake or misrepresentation that affects the validity of the contract. Therefore, the contract is initially valid, but it can be voided if the party affected by the error chooses to do so.Rate this question:
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- 11.
The consent of a party is not free when it is caused by
- A.
Coercion
- B.
Undue influence
- C.
Misrepresentation
- D.
All of these
Correct Answer
D. All of theseExplanation
The consent of a party is not free when it is caused by coercion, undue influence, or misrepresentation. Coercion refers to the use of force or threats to make someone do something against their will. Undue influence occurs when someone uses their power or authority to manipulate another person's decision-making. Misrepresentation involves providing false information or withholding important information to deceive someone. In all of these situations, the party's consent is not freely given because it is influenced or manipulated by external factors.Rate this question:
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- 12.
The consent of a party is not free when it is caused by
- A.
Fraud
- B.
Mistake
- C.
Both of these
- D.
None of these
Correct Answer
C. Both of theseExplanation
The consent of a party is not free when it is caused by fraud or mistake. Fraud refers to intentionally deceiving or misleading someone in order to gain an advantage. Mistake, on the other hand, refers to a misunderstanding or incorrect belief about a fact or situation. In both cases, the party's consent is influenced or manipulated, making it not freely given. Therefore, both fraud and mistake can invalidate the consent of a party.Rate this question:
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- 13.
Which of the following elements do not affect the free consent of the parties ?
- A.
Coercion
- B.
Fraud
- C.
Incompetency
- D.
Mistake
Correct Answer
C. IncompetencyExplanation
Incompetency does not affect the free consent of the parties. Incompetency refers to the lack of mental capacity or legal ability to understand and make informed decisions. While it may impact other aspects of a legal agreement, such as the validity of the contract, it does not directly affect the free consent of the parties. Free consent is the voluntary agreement of both parties without any undue influence or coercion. Coercion, fraud, and mistake, on the other hand, can all undermine the free consent of the parties by exerting pressure, deception, or misunderstanding.Rate this question:
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- 14.
Which of the following elements do not affect the free p[;'-0consent of the parties ?
- A.
Void
- B.
Voidable
- C.
Valid
- D.
Illegal
Correct Answer
B. VoidableExplanation
Voidable elements do not affect the free consent of the parties. Voidable refers to a contract that is valid and enforceable, but one or both parties have the option to void or cancel the contract due to certain circumstances such as fraud, misrepresentation, coercion, or undue influence. These elements may create a situation where one party's consent was not given freely, and therefore, the contract can be voided at the option of the affected party.Rate this question:
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- 15.
In cases where both the parties to an agreement are under a mistake as to the fact essential to the agreement, the agreement is
- A.
Void
- B.
Voidable
- C.
Valid
- D.
Illegal
Correct Answer
A. VoidExplanation
If both parties to an agreement are mistaken about a fact that is essential to the agreement, the agreement is considered void. This means that the agreement is not legally binding and has no legal effect.Rate this question:
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- 16.
In which of the following cases, of mistake of both the parties, the contract is void ab initio because of complete absence of consent ?
- A.
Where there is error as to the nature of the contract
- B.
Where there is error as to the identify of the parties
- C.
Where there is error as to the subject- matter of the contract
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
In all of the mentioned cases, there is a mistake of both parties regarding different aspects of the contract. When there is an error as to the nature of the contract, it means that both parties have misunderstood or misinterpreted the purpose or essence of the contract. When there is an error as to the identity of the parties, it means that both parties have mistaken each other's identities or have been deceived about their true identities. When there is an error as to the subject-matter of the contract, it means that both parties have misunderstood or misapprehended the object or subject of the contract. In all these cases, the contract is void ab initio because there is a complete absence of consent due to the mutual mistakes.Rate this question:
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- 17.
The effect of 'no free consent' and 'no consent at all' is the same on the validity of a contract as in the cases, the contract is voidable.
- A.
True,as all the elements affecting consent render the contract voidable
- B.
False,as 'no consent all' covers the case of mistake of both the parties as to the fact essential to the contract. Which makes void ab initio
Correct Answer
B. False,as 'no consent all' covers the case of mistake of both the parties as to the fact essential to the contract. Which makes void ab initioExplanation
The correct answer is False. This is because "no consent at all" covers the case of a mistake made by both parties regarding a fact that is essential to the contract. In such cases, the contract is considered void ab initio, meaning it is void from the beginning and has no legal effect. This is different from a voidable contract, where one party has the option to either affirm or reject the contract due to a lack of free consent.Rate this question:
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- 18.
The term 'coercion' is defined in
- A.
Section 15
- B.
Section 16
- C.
Section 17
- D.
Section 18
Correct Answer
A. Section 15 -
- 19.
Committing any act forbidden by the Indian Penal Code(i.e., Committing an offence ) with the intention of obtaining the consent to a contract, amounts to
- A.
Fraud
- B.
Misrepresentation
- C.
Coercion
- D.
Undue influence
Correct Answer
C. CoercionExplanation
Committing any act forbidden by the Indian Penal Code with the intention of obtaining consent to a contract is considered coercion. Coercion refers to the use of force or threats to compel someone to do something against their will. In this case, the act of committing an offense with the intention of obtaining consent to a contract involves using illegal means to force someone into agreeing to the contract. This is why coercion is the correct answer in this scenario.Rate this question:
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- 20.
Threat to commit any act forbidden by the Indian Penal Code in order to obtain consent to a contract, amount to
- A.
Mistake
- B.
Misrepresentation
- C.
Coercion
- D.
Undue influence
Correct Answer
C. CoercionExplanation
Coercion refers to the act of threatening to commit an act that is prohibited by the Indian Penal Code in order to obtain someone's consent to a contract. This means that the person is being forced or compelled to enter into the contract against their will. Coercion is a form of duress and is considered to be a wrongful act. It invalidates the consent given by the person and renders the contract voidable at their option.Rate this question:
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- 21.
Unlawful detention of any property of a person in order to obtain his consent to a contract, amounts to
- A.
Undue influence
- B.
Mistake
- C.
Misrepresentation
- D.
Frau
Correct Answer
B. MistakeExplanation
Unlawful detention of any property of a person in order to obtain his consent to a contract does not fall under the category of mistake. Mistake refers to an error or misunderstanding made by one or both parties in a contract, leading to a false belief about the terms or subject matter of the contract. In this scenario, the unlawful detention of property is a form of coercion or undue influence, where consent is obtained through force or threat.Rate this question:
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- 22.
Threatening to detain any property of a person in order to obtain his consent to a contract ,amount to
- A.
Undue influence
- B.
Mistake
- C.
Misrepresentation
- D.
Coercion
Correct Answer
D. CoercionExplanation
Threatening to detain any property of a person in order to obtain his consent to a contract is considered coercion. Coercion refers to the act of using force or threats to compel someone to do something against their will. In this scenario, the person is being forced to give consent to a contract by the threat of having their property detained. This is an example of coercion as it involves the use of force or threats to obtain consent, which is not freely given.Rate this question:
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- 23.
A threatens to kill B if he does not sell his scooter to him for Rs. 1,000 only. Here B's consent is obtained by
- A.
Undue influence
- B.
Coercion
- C.
Fraud
- D.
None of these
Correct Answer
B. CoercionExplanation
The correct answer is coercion. Coercion refers to the act of forcing someone to do something against their will through threats or intimidation. In this scenario, A is threatening to kill B if he does not sell his scooter to him for a specific price. This threat of harm is a form of coercion, as it is being used to obtain B's consent to sell the scooter.Rate this question:
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- 24.
Consent is not caused by coercion if it is obtained by
- A.
Committing any act forbidden by Indian Penal Code(IPC).
- B.
Committing an act forbidden by IPC at a place where the IPC is not in force
- C.
Threat to file a civil suit
- D.
Unlawful detaining any property
Correct Answer
C. Threat to file a civil suitExplanation
Consent is not caused by coercion if it is obtained through a threat to file a civil suit. Coercion refers to the use of force or threats to make someone do something against their will. In this case, the threat to file a civil suit can be seen as a form of pressure or intimidation, but it does not involve physical force. Therefore, the person giving consent under this threat may not be considered to have been coerced into giving their consent.Rate this question:
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- 25.
Committing or threatening to commit any act forbidden by IPC, or unlawful detaining or threatening to detain any property amounts to coercion under Section 15, if such act is done with the intention of
- A.
Causing the other party to enter into contract
- B.
Injuring the other party
- C.
Causing loss to the other party
- D.
All of the above
Correct Answer
A. Causing the other party to enter into contractExplanation
The correct answer is "Causing the other party to enter into contract". According to Section 15 of the Indian Penal Code, coercion involves committing or threatening to commit any act forbidden by the IPC or unlawfully detaining or threatening to detain any property with the intention of causing the other party to enter into a contract. This means that the person is using force or threats to make the other party agree to a contract against their will.Rate this question:
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- 26.
The threatening act amounting to coercion
- A.
Must be initiated by a party to the contract only
- B.
Must be initiated by a stranger only
- C.
May be initiated by a party or by any person, even by a stranger
- D.
Must be initiated by both the party as well as stranger
Correct Answer
C. May be initiated by a party or by any person, even by a strangerExplanation
Coercion refers to the act of forcing someone to do something against their will by threatening them with harm or injury. In the context of a contract, coercion can be initiated by either a party to the contract or by any person, including a stranger. This means that anyone, whether they are a party to the contract or not, can use coercion to influence someone into entering or modifying a contract. Therefore, the correct answer is that coercion may be initiated by a party or by any person, even by a stranger.Rate this question:
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- 27.
The threatening act amounting to coercion
- A.
Must be directed against the party to contract
- B.
Must be directed against strange only
- C.
Must be directed against both, the party and stranger
- D.
May be directed against the party or against any person who is not a party
Correct Answer
D. May be directed against the party or against any person who is not a partyExplanation
The correct answer is that the threatening act amounting to coercion may be directed against the party to the contract or against any person who is not a party. This means that coercion can be used to force either the party to the contract or someone unrelated to the contract to do something against their will.Rate this question:
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- 28.
A threatens to kill B's son unless he signs a promissory note for Rs.5,00,000 in A's favour. Under threat to B's son, B signs the promissory note. In this case , B's consent is obtained by
- A.
Undue influence
- B.
Coercion
- C.
Fraudulent act
- D.
Illegal
Correct Answer
B. CoercionExplanation
B's consent is obtained by coercion. Coercion refers to the act of forcing someone to do something against their will by threatening them with harm or violence. In this case, A threatens to kill B's son unless B signs the promissory note. B, out of fear for his son's safety, signs the note under the threat of harm. Therefore, B's consent is obtained through coercion.Rate this question:
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- 29.
Consent obtained by a threat to commit suicide amounts to coercion
- A.
True,as threat to commit suicide is forbidden by Indian Penal Code
- B.
False,as threat to commit suicide is not punishable by the Indian Penal Code
Correct Answer
A. True,as threat to commit suicide is forbidden by Indian Penal CodeExplanation
Consent obtained by a threat to commit suicide amounts to coercion because it involves using emotional manipulation and the fear of someone harming themselves to force someone into giving their consent. This is considered coercive behavior and is not acceptable under the Indian Penal Code.Rate this question:
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- 30.
When the consent of a party is obtained by coercion,the contract is
- A.
Valid
- B.
Void
- C.
Voidable
- D.
Illegal
Correct Answer
C. VoidableExplanation
When the consent of a party is obtained by coercion, it means that the party agreed to the contract under duress or force. In such a situation, the contract is considered voidable. This means that the party who was coerced has the option to either affirm the contract or rescind it. The coerced party can choose to continue with the contract if they wish, but they also have the right to cancel it if they believe they were unfairly influenced.Rate this question:
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- 31.
When the consent of a party is obtained by coercion, the contract is voidable at the option of
- A.
Either party to the contract
- B.
A party whose consent was so obtained
- C.
A party who obtained the consent
- D.
Court deciding the case
Correct Answer
B. A party whose consent was so obtainedExplanation
When a party's consent is obtained by coercion, it means that they were forced or threatened into agreeing to the contract. In such a situation, the party whose consent was coerced has the option to void the contract. This means that they can choose to cancel or terminate the contract without any legal consequences. The other party involved in the contract does not have the right to void the contract, only the party whose consent was coerced. Therefore, the correct answer is "a party whose consent was so obtained."Rate this question:
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- 32.
The consent is said to be obtained by coercion if it is obtained by threatening to commit any act forbidden by Indian Penal Code (IPC). If IPC is not in force at a place where the coercion is committed, then the contract is
- A.
Void
- B.
Voidable
- C.
Valid
- D.
Invalid
Correct Answer
B. VoidableExplanation
If the consent is obtained by coercion, it means that it was obtained through threats of committing an act that is forbidden by the Indian Penal Code (IPC). In this case, if the IPC is not in force at the place where the coercion is committed, the contract is considered voidable. This means that the party whose consent was obtained through coercion has the option to either affirm or reject the contract. They can choose to continue with the contract or declare it void and unenforceable.Rate this question:
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- 33.
A contract induced by coercion is voidable at the option of the party whose consent is obtained by coercion, it means that such party
- A.
May put an end to the contract if he so chooses
- B.
Must put end to the contract
- C.
Must decide to be bound by the contract and claim damages
- D.
Must put an end to the contract and remake if on new terms
Correct Answer
A. May put an end to the contract if he so choosesExplanation
A contract induced by coercion is considered voidable, which means that the party whose consent was obtained by coercion has the option to put an end to the contract if they choose to do so. They are not obligated to terminate the contract, but they have the right to do so if they wish.Rate this question:
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- 34.
Which of the following statements is incorrect ?
- A.
Under the English Law, the term "duress' is used for ' coercion', and it covers only the threats of bodily harm to a party or his wife, parents or-child
- B.
The duress must be initiated by a party to the contract against the other party or his children, parents or wife
- C.
The burden of proof lies upon the party committing coercion i.e., he has to prove that the consent was not obtained by coercion
- D.
The burden of proof lies upon the other party who wants to set aside the contract on plea of coercion i.e., he has to prove that his consent was obtained by coercion
Correct Answer
C. The burden of proof lies upon the party committing coercion i.e., he has to prove that the consent was not obtained by coercionExplanation
Under the English Law, the burden of proof lies upon the other party who wants to set aside the contract on plea of coercion i.e., he has to prove that his consent was obtained by coercion.Rate this question:
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- 35.
Consent obtained by a threat to commit suicide amounts to
- A.
Coercion
- B.
Undue influence
- C.
Fraud
- D.
None of these
Correct Answer
A. CoercionExplanation
Consent obtained by a threat to commit suicide amounts to coercion because coercion involves the use of force or threats to make someone do something against their will. In this case, the threat of suicide is being used as a means to manipulate and control the person into giving consent.Rate this question:
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- 36.
Which of the following involve a criminal act i.e., an act forbidden by the Indian Penal Code ?
- A.
Misrepresentation
- B.
Fraud
- C.
Coercion
- D.
None of these
Correct Answer
C. CoercionExplanation
Coercion involves the use of force or threat to compel someone to do something against their will. In the context of the Indian Penal Code, coercion is considered a criminal act as it is forbidden by law. This act is punishable under Section 15 of the Indian Penal Code. Therefore, coercion is the correct answer as it involves a criminal act according to the Indian Penal Code.Rate this question:
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- 37.
Threat to commit suicide amounts to (I) fraud (ii) coercion (iii) undue influence (iv)offence under IPC
- A.
(i)and(ii)
- B.
(ii) and (iii)
- C.
(iii) and (iv)
- D.
(ii) and (iv)
Correct Answer
D. (ii) and (iv)Explanation
Threatening to commit suicide can be considered as coercion because it involves using force or threats to make someone do something against their will. It can also be considered as an offense under the Indian Penal Code (IPC) because it involves making a threat that can cause harm to oneself or others. Therefore, the correct answer is (ii) and (iv).Rate this question:
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- 38.
He term 'undue influence' is defined in
- A.
Section 15
- B.
Section 16(1)
- C.
Section 16(2)
- D.
Section 17
Correct Answer
B. Section 16(1)Explanation
Section 16(1) defines the term 'undue influence'. This means that the correct answer is Section 16(1).Rate this question:
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- 39.
The circumstance in which one party is presumed to dominate the will of another are provided in
- A.
Section 15
- B.
Section 16(1)
- C.
Section 16(2)
- D.
Section 18
Correct Answer
C. Section 16(2)Explanation
Section 16(2) provides the circumstance in which one party is presumed to dominate the will of another. This section states that a contract is voidable if the consent of a party is obtained by undue influence. Undue influence occurs when one party uses their position of power or authority to exploit or manipulate the other party, causing them to enter into a contract against their own free will. Therefore, Section 16(2) is the correct answer as it specifically addresses the presumption of dominance in a contract due to undue influence.Rate this question:
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- 40.
Where one party is in a position to dominate the will of another and uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained by
- A.
Coercion
- B.
Duress
- C.
Fraud
- D.
Undue influence
Correct Answer
D. Undue influenceExplanation
Undue influence refers to a situation where one party has the power to control or dominate the will of another party, and they use this superior position to obtain the consent of the weaker party. This can involve manipulating or pressuring the weaker party into agreeing to something against their own interests. Unlike coercion or duress, which involve more direct forms of force or threats, undue influence often occurs in more subtle or manipulative ways. Fraud, on the other hand, involves intentionally deceiving or misleading someone to obtain their consent.Rate this question:
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- 41.
Undue influence is a kind of
- A.
Mental coercion
- B.
Physical coercion
- C.
Both of these
- D.
None of these
Correct Answer
A. Mental coercionExplanation
Undue influence refers to the act of using mental coercion to manipulate or pressure someone into making decisions or taking actions against their own will. This can involve tactics such as manipulation, threats, or emotional manipulation to gain control over someone's thoughts and actions. It does not involve physical coercion, which refers to the use of physical force or violence to control someone. Therefore, the correct answer is mental coercion.Rate this question:
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- 42.
The domination of will an essential requirement of
- A.
Coercion
- B.
Undue influence
- C.
Fraud
- D.
Misrepresentation
Correct Answer
B. Undue influenceExplanation
Undue influence refers to the unfair persuasion of someone into entering a contract or making a decision against their own free will. It involves the exertion of power or authority over another person, making it difficult for them to resist or make independent choices. The domination of will is a crucial element in proving the existence of undue influence. This means that one party has a significant control or influence over the other, thereby undermining their ability to make decisions freely and without coercion. In this context, the domination of will is an essential requirement for establishing undue influence.Rate this question:
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- 43.
A party is presumed to dominate the will of another where he
- A.
Holds a real or apparent authority over the other
- B.
Makes a contract with another in mental distress
- C.
Stands in a fiduciary relation to the other
- D.
All of these
Correct Answer
D. All of theseExplanation
The correct answer is "All of these". This means that a party is presumed to dominate the will of another if they hold a real or apparent authority over the other person, make a contract with them while they are in mental distress, or if they stand in a fiduciary relation to the other person. In all of these situations, the party has a certain level of power or influence over the other person, which can potentially lead to the domination of their will.Rate this question:
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- 44.
The fiduciary relations means the relationship of
- A.
Trust and confidence
- B.
Senior and junior
- C.
None of these
- D.
Both of these
Correct Answer
A. Trust and confidenceExplanation
The correct answer is "Trust and confidence". Fiduciary relations refer to a relationship based on trust and confidence, where one party (the fiduciary) is entrusted with the responsibility of acting in the best interest of another party (the beneficiary). This relationship involves a high level of trust and requires the fiduciary to put the beneficiary's interests above their own. It does not involve a senior-junior relationship or include both trust and confidence as options.Rate this question:
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- 45.
The fiduciary relationship
- A.
Is considered coercive
- B.
Raises the presumption of undue influence
- C.
Does not raise the presumption of undue influence
- D.
Raises the presumption of fraud being a employed
Correct Answer
B. Raises the presumption of undue influenceExplanation
The fiduciary relationship raises the presumption of undue influence because it involves a high level of trust and reliance on one party by another. In a fiduciary relationship, one party has a duty to act in the best interest of the other party, which can create a power imbalance and the potential for manipulation or coercion. Therefore, when a fiduciary relationship exists, it is assumed that the party in the position of power may have exerted undue influence over the other party, leading to a presumption of undue influence.Rate this question:
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- 46.
Which of the following relations fall in the category of 'fiduciary relations' and usually raise the presumption of undue influence ?
- A.
Solicitor and client
- B.
Doctor and patient
- C.
Spiritual adviser and devotee
- D.
All of these
Correct Answer
D. All of theseExplanation
Fiduciary relations are based on trust and confidence, where one party has a duty to act in the best interests of the other. In such relationships, there is a presumption of undue influence, meaning that one party may have the ability to manipulate or exploit the other. In this case, all of the relationships listed - solicitor and client, doctor and patient, and spiritual adviser and devotee - can be considered fiduciary relations and typically raise the presumption of undue influence.Rate this question:
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- 47.
Which of the following relation fall in the category of ' fiduciary relations' and usually raise the presumption of undue influence?
- A.
Parent and child
- B.
Trusted and beneficiary
- C.
Landlord and tenant
- D.
Woman and her confidential managing agents
Correct Answer
C. Landlord and tenantExplanation
The relation between a landlord and tenant does not fall under the category of fiduciary relations and does not usually raise the presumption of undue influence. Fiduciary relations typically involve a higher level of trust and confidence, where one party is in a position of power or authority and owes a duty to act in the best interest of the other party. In the case of a landlord and tenant, although there is a contractual relationship, it does not involve the same level of trust and confidence as in fiduciary relations.Rate this question:
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- 48.
A contract with a person who is an a metal distress,raises the presumption of
- A.
Domination of will
- B.
Undue influence
- C.
Both of these
- D.
None of these
Correct Answer
A. Domination of willExplanation
When a contract is made with a person who is in a state of metal distress, it raises the presumption of domination of will. This means that the person may not have been able to fully understand the terms of the contract or make an informed decision due to their mental state. The presumption of domination of will suggests that the other party may have taken advantage of the vulnerable individual, exerting undue influence over them to enter into the contract. Therefore, the correct answer is domination of will.Rate this question:
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- 49.
Contracts with a pardanashin a woman raises the presumption of
- A.
Domination will
- B.
Undue influence
- C.
Both of these
- D.
None of these
Correct Answer
B. Undue influenceExplanation
Contracts with a pardanashin woman, who is typically secluded and lacks exposure to the outside world, raise the presumption of undue influence. This is because such women are more susceptible to being coerced or manipulated into entering into contracts against their own interests. The presumption of undue influence implies that there is a strong likelihood that the woman was taken advantage of or influenced improperly when entering into the contract.Rate this question:
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- 50.
When the consent of a party is obtained by undue influence ,the contract is
- A.
Valid
- B.
Void
- C.
Voidable
- D.
Illegal
Correct Answer
C. VoidableExplanation
When the consent of a party is obtained by undue influence, it means that one party has exerted excessive pressure or influence on the other party, causing them to enter into the contract against their free will. In such a situation, the contract is considered voidable. This means that the party whose consent was influenced can choose to either affirm the contract or reject it. They have the option to rescind or cancel the contract due to the undue influence exerted upon them.Rate this question:
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