Law Of Contract: Nature And Kinds! Quiz
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Questions and Answers
- 1.
The law relating to contracts is contained in:
- A.
The Contract Act, 1782
- B.
The Contract Act, 1872
- C.
The Indian Contract Act, 1872
- D.
The Indian Contract Act, 1782
Correct Answer
C. The Indian Contract Act, 1872Explanation
The correct answer is The Indian Contract Act, 1872. This act is a legislation in India that governs contracts and agreements between parties. It provides rules and regulations regarding the formation, performance, and enforcement of contracts. The act defines important concepts like offer, acceptance, consideration, and breach of contract. It also outlines the rights and obligations of the parties involved in a contract. The Indian Contract Act, 1872 is the relevant law in India for all contractual matters.Rate this question:
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- 2.
The Indian Contract Act, applies to the:
- A.
Whole of India Including Jammu & Kashmir
- B.
Whole of India excluding Jammu & Kashmir
- C.
States notified by the Central Government form time to time
- D.
State notified by the appropriate Government every year
Correct Answer
B. Whole of India excluding Jammu & KashmirExplanation
The correct answer is "whole of India excluding Jammu & Kashmir." According to the Indian Contract Act, this act applies to the entire country of India, with the exception of Jammu & Kashmir. This means that the provisions and regulations outlined in the Indian Contract Act are applicable and enforceable in all states and union territories of India, except for Jammu & Kashmir.Rate this question:
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- 3.
The Indian Contract Act came into force on?
- A.
1st Sep ,1872
- B.
15th Sep,1872
- C.
1st Oct,1872
- D.
15th Oct,1872
Correct Answer
A. 1st Sep ,1872Explanation
The Indian Contract Act came into force on 1st Sep, 1872.Rate this question:
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- 4.
The general principles of law of contract are contained in?
- A.
Section 1 to 75
- B.
Section 76 to 123
- C.
Section 124 to 238
- D.
Section 10
Correct Answer
A. Section 1 to 75Explanation
The correct answer is Section 1 to 75 because these sections contain the general principles of the law of contract. These sections outline the essential elements of a contract, such as offer and acceptance, consideration, capacity of parties, and legality of the contract. They also cover topics like the interpretation of contracts, discharge of contracts, and remedies for breach of contract. Therefore, Section 1 to 75 is the appropriate section to refer to when studying the general principles of the law of contract.Rate this question:
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- 5.
The general principles of the law of contract applied to all kinds of contracts irrespective of their nature.
- A.
True as section 1 to 75 lay down the general principles of law of contract
- B.
False as for special kinds of contracts there are specific provisions in the respective laws
Correct Answer
A. True as section 1 to 75 lay down the general principles of law of contractExplanation
The given answer is true because section 1 to 75 of the law of contract lay down the general principles that are applicable to all kinds of contracts, regardless of their nature. These principles provide a foundation for understanding and interpreting the law of contract and are applicable in various situations. Therefore, it can be concluded that the general principles of the law of contract apply to all kinds of contracts.Rate this question:
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- 6.
Which of the following eminent jurists has defined the contract as an agreement creating and defining obligations between the parties?
- A.
Pollock
- B.
Halsburry
- C.
Salmond
- D.
Anson
Correct Answer
C. SalmondExplanation
Salmond is the correct answer because he defined a contract as an agreement that creates and defines obligations between the parties involved. While Pollock, Halsburry, and Anson are all well-known jurists, Salmond specifically focused on contract law and provided a comprehensive definition for it.Rate this question:
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- 7.
The term 'contract' is defined in which of the following sections of the Indian Contract Act?
- A.
Section 2(a)
- B.
Section 2(b)
- C.
Section 2(e)
- D.
Section 2(h)
Correct Answer
D. Section 2(h)Explanation
Section 2(h) of the Indian Contract Act defines the term 'contract'. This section specifically states that a contract is an agreement that is enforceable by law. It lays down the essential elements that must be present for an agreement to be considered a valid contract. These elements include offer and acceptance, lawful consideration, lawful object, capacity to contract, free consent, and legality of the agreement. Therefore, Section 2(h) is the correct section that defines the term 'contract' in the Indian Contract Act.Rate this question:
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- 8.
Which of the following statement is incorrect?
- A.
An agreement enforceable by law is a contract.
- B.
Every agreement is a contract.
- C.
An agreement is an accepted proposal.
- D.
A promise is defined in Section 2(b) of the Act.
Correct Answer
B. Every agreement is a contract.Explanation
The statement "Every agreement is a contract" is incorrect. While it is true that an agreement enforceable by law is a contract, not every agreement qualifies as a contract. For an agreement to be considered a contract, it must fulfill certain legal requirements such as offer, acceptance, consideration, and intention to create legal relations. Therefore, it is incorrect to say that every agreement is a contract as there are agreements that do not meet these requirements and are not legally binding.Rate this question:
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- 9.
A proposal when accepted become a
- A.
Promise
- B.
Offer
- C.
Acceptance
- D.
Contract
Correct Answer
A. PromiseExplanation
A promise is a commitment made by one party to another to perform a certain action or fulfill a certain obligation. In the context of a contract, a promise is an essential element. It is an expression of intent to enter into a legally binding agreement. Without a promise, there can be no contract. Therefore, the correct answer is "Promise".Rate this question:
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- 10.
An agreement is
- A.
Offer + Enforceability
- B.
Offer + Acceptance
- C.
Offer + Legal Obligation
- D.
Offer only
Correct Answer
B. Offer + Acceptance -
- 11.
A contract is
- A.
Offer + Acceptance
- B.
Agreement + Enforceability
- C.
Offer + Enforceability
- D.
Offer + Legal Obligation
Correct Answer
B. Agreement + Enforceability -
- 12.
" Every agreement and promise enforceable at law is a contract ".This definition is given by:
- A.
Salmond
- B.
Anson
- C.
Halsbury
- D.
Pollock
Correct Answer
D. PollockExplanation
Pollock is the correct answer because he is known for his contribution to contract law. He defined a contract as an agreement that is enforceable by law. This definition implies that for an agreement or promise to be considered a contract, it must meet certain legal requirements and be enforceable in a court of law. Pollock's definition is widely accepted and has been influential in shaping the understanding of contract law.Rate this question:
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- 13.
Which of the following equation is correct?
- A.
Contract = agreement + enforceability
- B.
Agreement = offer + acceptance
- C.
Both (a) and (b)
- D.
None of the above
Correct Answer
C. Both (a) and (b)Explanation
Both equations (a) and (b) are correct. The equation "Contract = agreement + enforceability" is a general definition of a contract, stating that a contract is formed when there is an agreement between parties and it is legally enforceable. The equation "Agreement = offer + acceptance" is a specific definition of an agreement, stating that an agreement is formed when one party makes an offer and the other party accepts it. Therefore, both equations are correct and provide different levels of specificity in defining the concept of a contract.Rate this question:
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- 14.
The conditions of enforceability of an agreement are laid down in:
- A.
Section 2(a)
- B.
Section 2(e)
- C.
Section 9
- D.
Section 10
Correct Answer
D. Section 10Explanation
Section 10 of the law lays down the conditions for the enforceability of an agreement. It states that an agreement must be made by the free consent of the parties, parties must be competent to contract, the agreement must be made for a lawful consideration and with a lawful object, and it must not be expressly declared void by any law. Therefore, Section 10 is the correct answer as it specifically addresses the conditions required for an agreement to be enforceable.Rate this question:
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- 15.
Which of the following legal statement is incorrect ?
- A.
All agreements are contracts [Section 10].
- B.
An agreement enforceable by law is a contract[Section 2(a)].
- C.
A proposal when accepted becomes a promise[Section 2(b)].
- D.
Every promise and every set of promise forming the consideration for each other,is an agreement [Section 2(e)]
Correct Answer
A. All agreements are contracts [Section 10].Explanation
The correct answer is "All agreements are contracts [Section 10]." This statement is incorrect because not all agreements are contracts. In order for an agreement to be considered a contract, it must fulfill certain legal requirements such as the presence of lawful consideration, free consent of the parties, and a lawful object. Section 10 of the Indian Contract Act states that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object. However, this statement is incorrect as it fails to consider the other requirements for a valid contract.Rate this question:
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- 16.
The law of contract creates the right known as:
- A.
Jus in rem
- B.
Jus in personam
- C.
Consensus ad idem
- D.
None of these
Correct Answer
B. Jus in personamExplanation
The correct answer is Jus in personam. The law of contract creates a right known as Jus in personam. This term refers to a right that can be enforced against a specific person or party. In contract law, it means that one party has the legal right to enforce the terms of the contract against the other party involved. This right is personal in nature and can only be exercised by the parties involved in the contract. Jus in personam is the opposite of Jus in rem, which refers to rights that are enforceable against the world at large.Rate this question:
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- 17.
A "jus in personam" means a right against:
- A.
A specific person
- B.
The public at large
- C.
A specific thing
- D.
None of these
Correct Answer
A. A specific personExplanation
"Jus in personam" refers to a legal right or claim that is enforceable against a specific person. It is a Latin term commonly used in legal systems to indicate a personal right that can be enforced through legal action against an individual. This term is often contrasted with "jus in rem," which refers to rights that are enforceable against the world at large or against specific property. Therefore, the correct answer is a specific person.Rate this question:
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- 18.
All contracts are agreements but all agreements are not contracts.
- A.
True ,as its is the legal position on the point.
- B.
False, as all agreements are contracts but all contracts are not agreements.
Correct Answer
A. True ,as its is the legal position on the point.Explanation
The statement "All contracts are agreements but all agreements are not contracts" is true because it reflects the legal position. In legal terms, a contract is a specific type of agreement that is enforceable by law. Therefore, every contract is an agreement, but not every agreement meets the requirements to be considered a contract. This means that while all contracts are agreements, there are some agreements that do not qualify as contracts.Rate this question:
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- 19.
As per section 10 which of the following is not a condition for the enforceability of an agreement?
- A.
An agreement must be made by the free
- B.
An agreement must be made by the parties who are competent to contract
- C.
An agreement must not be certain in its meaning
- D.
An agreement must not be expressly declare to be void
Correct Answer
C. An agreement must not be certain in its meaningExplanation
According to section 10, an agreement must not be certain in its meaning for it to be enforceable. This means that the terms and conditions of the agreement should be clear and unambiguous so that both parties can understand their rights and obligations. If the meaning of the agreement is uncertain, it may lead to misunderstandings and disputes, making it difficult to enforce. Therefore, certainty in the meaning of an agreement is not a condition for its enforceability.Rate this question:
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- 20.
Is an agreement enforceable by law, is known as?
- A.
Promise
- B.
Contract
- C.
Acceptance
- D.
Obligation
Correct Answer
B. ContractExplanation
A contract is a legally binding agreement between two or more parties that is enforceable by law. It involves an offer, acceptance, consideration, and an intention to create legal relations. Once a contract is formed, the parties involved are obligated to fulfill their respective promises and can seek legal remedies if any party breaches the contract. Therefore, a contract is the correct answer as it refers to an agreement that is enforceable by law.Rate this question:
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- 21.
A contract is an agreement.
- A.
Enforceable by law
- B.
To Indulge in litigation
- C.
With malafide intention
- D.
For social obligations
Correct Answer
A. Enforceable by lawExplanation
A contract is a legally binding agreement between two or more parties. It means that the terms and conditions agreed upon by the parties involved can be enforced by law. This implies that if any party fails to fulfill their obligations as stated in the contract, the other party can seek legal remedies to enforce the agreement. The phrase "enforceable by law" emphasizes the legal validity and enforceability of a contract.Rate this question:
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- 22.
Which of the following is not an essential element of a valid contract?
- A.
Registration of Agreement.
- B.
Free Consent of Parties
- C.
Compentency of Parties
- D.
Lawful Consideration and object
Correct Answer
A. Registration of Agreement.Explanation
Registration of agreement is not an essential element of a valid contract. While registration can provide evidence of the contract's existence, it is not necessary for the contract to be legally binding. The essential elements of a valid contract include free consent of parties, competency of parties, and lawful consideration and object. These elements ensure that the contract is entered into willingly, by parties who are legally capable, and for a lawful purpose.Rate this question:
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- 23.
All agreements are contracts if they are made:
- A.
By free consent of parties
- B.
For a lawful consideration
- C.
With a lawful object
- D.
All of these
Correct Answer
D. All of theseExplanation
All of these conditions must be met for an agreement to be considered a contract. Firstly, the agreement must be made by the free consent of both parties, meaning that there is no coercion or undue influence involved. Secondly, there must be a lawful consideration, which refers to something of value being exchanged between the parties. Lastly, the agreement must have a lawful object, meaning that it must not involve any illegal activities or go against public policy. Thus, all three conditions mentioned in the answer - free consent, lawful consideration, and lawful object - are necessary for an agreement to be considered a contract.Rate this question:
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- 24.
An agreement expressly declared to be void will be enforceable only if it is made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object.
- A.
True,as per section 10 if these conditions are fulfilled an agreement becomes an enforceable contract.
- B.
False, a section 10 requires that for enforceability,in addition to these requirements,an agreement must not be expressly declared to be void.
Correct Answer
B. False, a section 10 requires that for enforceability,in addition to these requirements,an agreement must not be expressly declared to be void.Explanation
The correct answer is False. According to section 10, for an agreement to be enforceable, it must fulfill the conditions of being made by the free consent of parties competent to contract, for a lawful consideration, and with a lawful object. Additionally, the agreement must not be expressly declared to be void. Therefore, the statement in the answer is correct, as it highlights the requirement that an agreement must not be declared void for it to be enforceable.Rate this question:
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- 25.
An offer and its acceptance is the basic requirement of an agreement and as per this requirement an offer by one party.
- A.
Should be made to the other who is related to him.
- B.
May also be made to himself.
- C.
Should be made to another who may or may not be related to him.
- D.
Should be made to another before the register.
Correct Answer
C. Should be made to another who may or may not be related to him.Explanation
The correct answer is "should be made to another who may or may not be related to him." This is because an offer can be made to anyone, whether they are related to the party making the offer or not. The requirement is simply that the offer is communicated to another party, regardless of their relationship to the offeror.Rate this question:
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- 26.
In an agreement, there must be two parties.
- A.
True,as there must an offer by one parry and Its acceptancey the other
- B.
False,as an agreement made by a person with himself is also recongnised under law
Correct Answer
A. True,as there must an offer by one parry and Its acceptancey the otherExplanation
The correct answer is True. In order for an agreement to be valid, there must be two parties involved. One party must make an offer, and the other party must accept that offer. This is a fundamental requirement for a legally binding agreement.Rate this question:
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- 27.
The parties to an agreement must agree upon the same thing in the same sense,this mean that there must be:
- A.
Free Consent
- B.
Consensus Ad Idem
- C.
Capacity to Contact
- D.
None of these
Correct Answer
B. Consensus Ad IdemExplanation
Consensus ad idem refers to the mutual understanding and agreement between the parties involved in a contract. It means that both parties must agree upon the same thing in the same sense. This ensures that there is a meeting of minds and a clear understanding of the terms and conditions of the agreement. Without consensus ad idem, there would be no valid contract as there would be a lack of agreement and understanding between the parties. Therefore, this is the correct answer as it accurately describes the requirement for parties to an agreement.Rate this question:
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- 28.
An owned two horses one while and the other brown He offered to sell one horse to B and while making the offer, A had while the horse in mind.B accepted the offer thinking that it was made for the brown horse. In this case , no agreement came into existence as there is no
- A.
Free Consent
- B.
Compentency to Contact
- C.
Consensus ad idem
- D.
Jus In Personam
Correct Answer
C. Consensus ad idemExplanation
In this case, no agreement came into existence because there was no consensus ad idem, which means that both parties did not have a mutual understanding or agreement on the subject matter of the contract. A offered to sell one horse to B, but while making the offer, A had the white horse in mind. B accepted the offer thinking it was made for the brown horse. Since both parties had different understandings of the offer, there was no consensus ad idem, and therefore no valid agreement was formed.Rate this question:
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- 29.
An agreement is a contract if it gives rise to (i.e.,creates)
- A.
Moral Obligation
- B.
Social Obligation
- C.
Legal Obligation
- D.
All of these
Correct Answer
C. Legal ObligationExplanation
An agreement is considered a contract if it creates a legal obligation. This means that the parties involved in the agreement are legally bound to fulfill their obligations as stated in the contract. Moral and social obligations may influence a person's behavior, but they do not have the same legal enforceability as a contract. Therefore, the correct answer is legal obligation.Rate this question:
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- 30.
Free consent is an essential element of a valid contract and the consent of a party is not free where it is obtained by:
- A.
Fraud
- B.
Coercion
- C.
Undue Influence
- D.
All of these
Correct Answer
D. All of theseExplanation
The correct answer is "All of these". This is because free consent is a crucial requirement for a valid contract, and it is considered to be lacking when it is obtained through fraud, coercion, or undue influence. Fraud refers to intentionally deceiving someone to gain their consent, coercion involves the use of force or threat to obtain consent, and undue influence occurs when one party takes advantage of their dominant position to influence the other party's decision-making. Therefore, if any of these factors are present, the consent is not considered to be free, and the contract may be deemed invalid.Rate this question:
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- 31.
Competency(or capacity) of the parties being an essential elements of a valid contract,an agreement with the following persons is not enforceable in a court of law.
- A.
Minors
- B.
Persons of Unsound Mind
- C.
Government employees
- D.
Both (a) and (b)
Correct Answer
D. Both (a) and (b)Explanation
The competency or capacity of the parties involved is an essential element of a valid contract. Minors, who are individuals under the age of majority, and persons of unsound mind, who are not mentally capable of understanding the terms and consequences of a contract, lack the legal capacity to enter into enforceable agreements. Therefore, agreements with both minors and persons of unsound mind are not enforceable in a court of law.Rate this question:
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- 32.
An agreement with a party who is not competent to contract is
- A.
Void
- B.
Voidable
- C.
Valid
- D.
Illegal
Correct Answer
A. VoidExplanation
An agreement with a party who is not competent to contract is considered void because it lacks the legal capacity to be enforceable. When one of the parties involved in a contract is not competent, such as a minor or a mentally incapacitated person, the agreement is deemed invalid from the beginning. It is as if the contract never existed, and neither party can be held legally bound by its terms.Rate this question:
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- 33.
An agreement must be supported by a lawful consideration which means that the consideration should not be:
- A.
Forbidden by law
- B.
Immoral
- C.
Opposed to public policy
- D.
All of these
Correct Answer
D. All of theseExplanation
An agreement must be supported by a lawful consideration, which means that the consideration should not be forbidden by law, immoral, or opposed to public policy. In other words, for an agreement to be valid, the consideration involved must be legal, ethical, and in line with public interest. If any of these conditions are not met, the agreement would not be enforceable.Rate this question:
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- 34.
A and B entered into an agreement for the division of gain, among them, which is to be acquired by them by fraud. It is not a valid agreement because:
- A.
Its object is unlawful
- B.
Its consideration is unlawful
- C.
It is expressly declared to be void
- D.
It is an executory agreement
Correct Answer
A. Its object is unlawfulExplanation
The agreement between A and B is not valid because its object is unlawful. This means that the purpose or goal of the agreement is illegal or against the law. When an agreement has an unlawful object, it is considered void and unenforceable. In this case, since the gain that A and B are trying to acquire is through fraud, it is considered unlawful and therefore the agreement is not valid.Rate this question:
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- 35.
A agrees to pay Rs.50,000/- to B if he (B) does not marry throughout his life.B promised not to marry at all. It is not a valid agreement because of an agreement in restraint of marriage.
- A.
Should be entered through guardians
- B.
Is expressly declared to be void
- C.
Is voidable at the option of promisee
- D.
Is without consideration..
Correct Answer
B. Is expressly declared to be voidExplanation
The agreement between A and B is not valid because it is an agreement in restraint of marriage. According to the Indian Contract Act, any agreement that restricts a person's freedom to marry is considered void. Therefore, the correct answer is "Is expressly declared to be void."Rate this question:
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- 36.
A agrees to sell his white car to B for Rs.50,000/- or Rs.70,000/-. It is not a valid agreement as it is
- A.
Forbidden by law
- B.
For unlawful consideration
- C.
Not certain
- D.
Impossible
Correct Answer
C. Not certainExplanation
The agreement is not certain because there are two alternative prices mentioned for the sale of the car. The terms of the agreement should be clear and definite, but in this case, it is ambiguous whether the car will be sold for Rs.50,000 or Rs.70,000. This lack of certainty makes the agreement invalid.Rate this question:
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- 37.
An agreement the meaning of which is uncertain ,is
- A.
Void
- B.
Valid
- C.
Voidable
- D.
Illegal
Correct Answer
A. VoidExplanation
An agreement the meaning of which is uncertain is considered void. This means that the agreement is not legally binding and has no legal effect. The uncertainty in the meaning of the agreement makes it impossible to determine the rights and obligations of the parties involved. Therefore, the agreement is considered void and cannot be enforced in a court of law.Rate this question:
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- 38.
An agreement to do an impossible act,is
- A.
Voidable
- B.
Valid
- C.
Void
- D.
Illegal
Correct Answer
C. VoidExplanation
An agreement to do an impossible act is considered void because it lacks the essential element of feasibility. In contract law, an agreement must be capable of being performed by the parties involved. If the act is impossible to accomplish, the agreement is deemed invalid and unenforceable.Rate this question:
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- 39.
According to enforceability (i.e.,legal validity),the contracts may be classified as
- A.
Valid contacts
- B.
Void contracts
- C.
Voidable contracts
- D.
All of these
Correct Answer
D. All of theseExplanation
The correct answer is "All of these" because contracts can be classified into different categories based on their enforceability. Valid contracts are legally binding and enforceable, meaning both parties are obligated to fulfill their obligations. Void contracts, on the other hand, lack legal validity from the beginning, often due to illegal or impossible terms. Voidable contracts are initially enforceable but can be canceled or voided by one party due to certain circumstances or legal reasons. Therefore, "All of these" options cover the various classifications of contracts based on their enforceability.Rate this question:
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- 40.
A valid contract is one which
- A.
Is enforceable at the option of one parry
- B.
Satisfies the conditions of enforceability laid down in Section 10
- C.
Is enforceable at the direction of the court
- D.
Not enforceable in a court of law
Correct Answer
B. Satisfies the conditions of enforceability laid down in Section 10Explanation
A valid contract is one that satisfies the conditions of enforceability laid down in Section 10. This means that the contract must meet certain requirements such as having free consent, lawful consideration, lawful object, and being entered into by parties who are competent to contract. If a contract does not meet these conditions, it may not be considered valid and enforceable in a court of law.Rate this question:
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- 41.
A void contract is one which
- A.
Is enforceable at the option of one parry
- B.
Is enforceable at the option of both the parties
- C.
Is enforceable at the direction of the court
- D.
Ceases to be enforceable by law
Correct Answer
D. Ceases to be enforceable by lawExplanation
A void contract is one that ceases to be enforceable by law. This means that the contract becomes invalid and cannot be enforced by either party involved. There may be various reasons for a contract to become void, such as if it is illegal, against public policy, or if one of the parties lacks the legal capacity to enter into a contract. Once a contract is void, it is as if it never existed in the eyes of the law, and the parties are not bound by its terms.Rate this question:
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- 42.
A voidable contract is one which
- A.
Can be enforced at the option of aggrieved party
- B.
Can be enforced at the option of both the parties
- C.
Is enforceable at the direction of the court
- D.
Is forbidded by the courts of law
Correct Answer
A. Can be enforced at the option of aggrieved partyExplanation
A voidable contract is a contract that is valid and enforceable, but has the option for the aggrieved party to choose whether or not to enforce it. This means that the party who has been harmed or disadvantaged by the contract can decide whether they want to proceed with enforcing it or not. It gives the aggrieved party the power to either uphold the contract or declare it void and seek legal remedies.Rate this question:
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- 43.
In the Indian Contract Act,a void contract is legally defined in
- A.
Section 2 (h)
- B.
Section 2 (i)
- C.
Section 2 (j)
- D.
Section 2 (k)
Correct Answer
C. Section 2 (j)Explanation
Section 2 (j) of the Indian Contract Act legally defines a void contract. A void contract is a contract that is not enforceable by law and has no legal effect. It is considered as if it never existed. This could be due to various reasons such as illegality, impossibility, or lack of free consent. Void contracts are different from voidable contracts, where one party has the option to either enforce or reject the contract. In the case of a void contract, it is completely null and void from the beginning.Rate this question:
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- 44.
In the Indian Contract Act,a voidable contract is legally defined in
- A.
Section 2 (h)
- B.
Section 2 (i)
- C.
Section 2 (j)
- D.
Section 2 (k)
Correct Answer
B. Section 2 (i)Explanation
Section 2 (i) of the Indian Contract Act legally defines a voidable contract. A voidable contract is a valid contract that can be canceled or voided by one party due to certain circumstances, such as coercion, undue influence, fraud, misrepresentation, or mistake. This section provides the legal framework for determining the conditions under which a contract can be considered voidable and the rights of the parties involved.Rate this question:
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- 45.
Which of the following statement is incorrect?
- A.
An agreement enforceable at the option of one party but not at the option of the other,is avoidable contract
- B.
A contract which ceases to be enforceable by law becomes void when its cases to be enforceable
- C.
A void contract can be originally entered into between the parties
- D.
A void contract cannot be originally entered into between the parties
Correct Answer
C. A void contract can be originally entered into between the partiesExplanation
A void contract cannot be originally entered into between the parties. A void contract is considered null and void from the beginning, meaning it has no legal effect and is not enforceable. Therefore, it cannot be entered into by the parties in the first place.Rate this question:
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- 46.
A promised to marry B. Later on B died. This contract of marriage
- A.
Becomes void on the death of B
- B.
Is void form the very beginning
- C.
Is valid as A should now marry B's relative
- D.
Is illegal being forbidden by law
Correct Answer
A. Becomes void on the death of BExplanation
When B dies, the contract of marriage between A and B automatically becomes void. This is because marriage is a contract that requires the consent and participation of both parties, and if one party is deceased, the contract cannot be fulfilled. Therefore, the contract becomes void and A is no longer obligated to marry B.Rate this question:
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- 47.
Which of the following statement is incorrect ?
- A.
A voidable contract is valid till it is avoided by the party entitled to do so
- B.
The aggrieved party may or may not avoid the voidable contract
- C.
The aggrieved party must avoid(i.e.,put an end to )the voidable contract
- D.
In voidable contract consent of one party is not free
Correct Answer
C. The aggrieved party must avoid(i.e.,put an end to )the voidable contractExplanation
The statement "The aggrieved party must avoid (i.e., put an end to) the voidable contract" is incorrect. In a voidable contract, the aggrieved party has the option to either avoid or continue with the contract. They are not obligated to put an end to the contract, but they have the right to do so if they choose.Rate this question:
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- 48.
An agreement enforceable by law, under the Indian Contract Act ,maybe:
- A.
In writing only
- B.
Oral only
- C.
Registered only
- D.
Either (a) or (b)
Correct Answer
D. Either (a) or (b)Explanation
An agreement enforceable by law, under the Indian Contract Act, may be either in writing or oral. This means that a contract can be valid and legally binding even if it is not written down and can be based solely on verbal communication between the parties involved. This is because the Indian Contract Act recognizes both written and oral agreements as enforceable, as long as they meet the necessary legal requirements. Therefore, the correct answer is either (a) or (b).Rate this question:
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- 49.
A valid contract ,under the Indian Contract Act may be
- A.
In writing only
- B.
Implied only
- C.
Either (a) or (b)
- D.
Registered only
Correct Answer
C. Either (a) or (b)Explanation
A valid contract under the Indian Contract Act can be in writing only or implied only. This means that a contract can be legally binding if it is documented in writing or if it is inferred from the conduct and actions of the parties involved. The Act does not require a contract to be registered in order to be valid. Therefore, the correct answer is either (a) or (b).Rate this question:
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- 50.
An express contract is one that is made:
- A.
In writing only
- B.
By words of mouth only
- C.
In writing or by words of mouth
- D.
On a stamp paper
Correct Answer
C. In writing or by words of mouthExplanation
An express contract can be made either in writing or by words of mouth. This means that the terms and conditions of the contract can be communicated and agreed upon through written documents or through verbal communication. The important aspect of an express contract is that the parties involved clearly express their intentions and come to a mutual agreement, regardless of the method of communication used. The contract does not necessarily have to be on a stamp paper or be exclusively in writing or by words of mouth.Rate this question:
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