1.
A quasi-contract is an obligation that the law creates in the absence of any agreement.
Correct Answer
A. True
Explanation
A quasi-contract is a legal concept that imposes obligations on parties even in the absence of a formal agreement. These obligations are based on principles of fairness and justice. The law recognizes that in certain situations, one party may have received a benefit from another party, and it would be unjust for the receiving party to keep that benefit without compensating the other party. Therefore, a quasi-contract is created to ensure that the party who received the benefit fulfills their obligation to provide compensation or restitution.
2.
The term quasi-contract is used in the Indian Contract Act, in
Correct Answer
D. None of these.
Explanation
The correct answer is "None of these" because the term quasi-contract is not specifically mentioned or defined in the Indian Contract Act. The Act primarily deals with the formation, performance, and enforcement of contracts between parties. Quasi-contracts, also known as implied-in-law contracts, are legal obligations created by the courts to prevent unjust enrichment or unfairness. While the Indian Contract Act does not explicitly address quasi-contracts, the concept may still be recognized and applied by the courts based on general principles of equity and fairness.
3.
Which of the following expression is used in the Indian Contract Act in part dealing with quasi-contracts?
Correct Answer
C. Certain relations resemble those created by contract.
Explanation
The expression "Certain relations resemble those created by contract" is used in the Indian Contract Act in the part dealing with quasi-contracts. This expression suggests that there are certain relationships that may not be actual contracts, but they resemble the obligations and responsibilities created by a contract. This implies that even in the absence of a formal contract, certain obligations and liabilities may arise based on the similarity of the relationship to a contractual one.
4.
About quasi-contractual obligations, which of the following statements is correct?
Correct Answer
D. All of these.
Explanation
The correct answer is "All of these." In quasi-contractual obligations, there is no real contract in existence, meaning that there is no legally enforceable agreement between the parties. Additionally, there is no offer and acceptance, which are essential elements of a traditional contract. Lastly, there is no intention to make a contract, as quasi-contractual obligations arise by operation of law rather than through the parties' express agreement. Therefore, all of these statements accurately describe quasi-contractual obligations.
5.
Quasi-contracts are __________
Correct Answer
B. Valid
Explanation
Quasi-contracts are valid contracts that are created by the law to prevent unjust enrichment. They are not actual contracts agreed upon by both parties, but rather imposed by the court to ensure fairness. These contracts are binding and enforceable, even though they lack the typical elements of a traditional contract. Therefore, the correct answer is "Valid."
6.
Quasi-contracts are enforceable even if the essential elements of the contract are not there.
Correct Answer
A. True, as quasi-contractual obligations have been specifically made enforceable.
Explanation
Quasi-contracts are a type of legal obligation that are imposed by the court to prevent unjust enrichment. These obligations are created by law, rather than by the agreement of the parties involved. Unlike traditional contracts, quasi-contracts do not require all the essential elements of a contract, such as offer, acceptance, and consideration. Instead, they are based on principles of fairness and equity. Therefore, even if the essential elements of a contract are not present, quasi-contractual obligations can still be enforced by the court.
7.
A quasi-contract is not a contract in the strict sense of the term.
Correct Answer
A. True, are there is no contract in existence.
Explanation
The correct answer is true because a quasi-contract is not a contract in the strict sense of the term. A quasi-contract is a legal concept that is used to impose certain obligations on parties in the absence of a formal contract. It is based on the principle of unjust enrichment, where one party is unjustly enriched at the expense of another. Therefore, even though a quasi-contract may resemble a contract in some ways, it is not a contract in the traditional sense as it lacks the essential elements required for a valid contract to exist.
8.
A quasi-contract is _____________.
Correct Answer
B. A legal obligation
Explanation
A quasi-contract is a legal obligation that is imposed by the court to prevent unjust enrichment. It is not an actual contract or agreement between parties, but rather a legal remedy that is used when one party has received a benefit from another party and it would be unfair for them to keep that benefit without compensating the other party. Quasi-contracts are created by the court to ensure fairness and prevent one party from taking advantage of another.
9.
A, a tradesman, left certain goods at B's house by mistake. In this case, B,
Correct Answer
A. Is bound to return the goods under quasi-contractual obligations.
Explanation
B is bound to return the goods under quasi-contractual obligations because B did not have any agreement with A regarding the goods. However, B received the goods by mistake, and it would be unjust for B to keep them without compensating A. Quasi-contractual obligations arise in situations where there is no formal contract but one party has benefited at the expense of the other. In this case, B has received the goods by mistake and has been unjustly enriched, so B is obligated to return the goods to A.
10.
A, a tradesman, left certain goods at B's house by mistake. If B uses the goods as his own, then can A recover the price from B?
Correct Answer
A. Yes, on the basis of quasi-contract.
Explanation
In this scenario, A left the goods at B's house by mistake. Even though there was no agreement between A and B, A can still recover the price of the goods from B on the basis of quasi-contract. Quasi-contract is a legal concept that allows for the recovery of unjust enrichment. In this case, if B uses the goods as his own, he would be unjustly enriched at the expense of A. Therefore, A can recover the price of the goods from B through quasi-contract.
11.
The basis of 'quasi-contractual relations' is the
Correct Answer
C. Prevention of unjust enrichment at the expense of others.
Explanation
The correct answer is "Prevention of unjust enrichment at the expense of others." Quasi-contractual relations are based on the principle of preventing unjust enrichment, which means that one party should not benefit unfairly at the expense of another party. These relations are not based on a valid or voidable contract between the parties, but rather on the idea of fairness and preventing unjust enrichment. Section 10 of the Contract Act may contain provisions related to contracts, but it is not specifically related to quasi-contractual relations.
12.
Quasi-contractual relations are based upon the intention of the parties.
Correct Answer
B. False, as this relation is imposed upon the parties by the law.
Explanation
Quasi-contractual relations are not based on the intention of the parties involved. Unlike a regular contract, where the parties voluntarily enter into an agreement, a quasi-contractual relation is imposed by the law to prevent unjust enrichment. It is a legal fiction that allows the court to create a contractual relationship between parties even if there was no actual contract. Therefore, the correct answer is false.
13.
The circumstances in which the quasi-contractual relations arise are provided in the Indian Contract Act itself.
Correct Answer
A. True, as Sections 68 to 72 deal with certain relations resembling those created by contract.
Explanation
The given answer is true because Sections 68 to 72 of the Indian Contract Act specifically address certain relations that resemble those created by contract. These sections provide guidelines and principles for quasi-contractual relations, indicating that the circumstances in which such relations arise are indeed provided in the Act itself.
14.
In which of the following circumstances do the quasi-contractual obligations arise?
Correct Answer
D. All of the above.
Explanation
Quasi-contractual obligations arise in all of the given circumstances. In the case of liability of a finder of goods, the finder has a duty to take reasonable steps to locate the owner and return the goods. Compensation for non-gratuitous acts refers to situations where someone performs a service or provides goods with the expectation of being paid, even if no formal contract exists. Recovery of payments made by interested persons refers to situations where someone makes a payment on behalf of another person who is legally obligated to make the payment, and they seek reimbursement. In all of these cases, quasi-contractual obligations can arise.
15.
The quasi-contractual obligations arise when a person
Correct Answer
C. Both of these.
Explanation
The correct answer is "Both of these." This means that quasi-contractual obligations can arise in both situations: when a person supplies necessaries to an incompetent person and when a person makes payment of money or delivery of goods under coercion. In quasi-contractual obligations, the law imposes certain obligations on parties to prevent unjust enrichment or unfairness, even if there is no formal contract in place.
16.
A person supplying necessaries to an incompetent person (such as a minor or lunatic) is entitled to be reimbursed from the property of such person on the basis of
Correct Answer
B. Quasi-contract
Explanation
When a person supplies necessaries to an incompetent person, such as a minor or lunatic, they are entitled to be reimbursed from the property of that person on the basis of a quasi-contract. A quasi-contract is a legal concept that allows for the creation of a contractual obligation in the absence of an actual contract. It is based on the principle of fairness and prevents the incompetent person from unjustly benefiting from the goods or services provided. Therefore, the person supplying the necessaries can seek reimbursement through a quasi-contract.
17.
A person supplying 'necessaries' to an incompetent person is entitled to be reimbursed from the
Correct Answer
C. Property of an incompetent person
Explanation
When a person supplies "necessaries" (essential goods or services) to an incompetent person, they are entitled to be reimbursed from the property of the incompetent person. This means that the person who supplied the necessaries can seek reimbursement by claiming a portion of the incompetent person's assets or belongings. This is because the incompetent person is unable to make sound decisions or manage their own affairs, so their property can be used to cover the expenses incurred by the supplier of necessaries.
18.
A supplies to B, a lunatic, the 'necessaries' suitable to his condition in life. In this case
Correct Answer
B. B's property is liable.
Explanation
In this case, B is a lunatic and A is supplying him with the necessary items for his condition. According to the answer, B's property is liable. This means that if B's property is not sufficient to reimburse A for the supplies provided, B will be personally liable for the payment. This suggests that B's property is considered the primary source of reimbursement, but if it is not enough, B will be responsible for paying the remaining amount out of his own pocket.
19.
A person who supplies 'necessaries' to a minor is entitled to be reimbursed from the property of the minor on the basis of
Correct Answer
C. Quasi-contract
Explanation
A person who supplies 'necessaries' to a minor is entitled to be reimbursed from the property of the minor on the basis of a quasi-contract. A quasi-contract is a legal concept that allows for the imposition of certain obligations on parties, even in the absence of a formal contract. In this case, the person supplying the 'necessaries' to the minor can seek reimbursement based on the principle of unjust enrichment, as it would be unfair for the minor to benefit from the goods or services without compensating the supplier.
20.
A person making payment on behalf of another person can recover the same from such another person even if there is no contract of reimbursement.
Correct Answer
A. True, as Section 69 allows the reimbursement in such circumstances.
Explanation
The given statement is true because Section 69 allows for reimbursement in cases where a person makes a payment on behalf of another person, even if there is no contract of reimbursement. This means that the person who made the payment can recover the amount from the other person, regardless of the absence of a formal agreement.
21.
In the absence of a contract of reimbursement, which of the following conditions should be satisfied to enable a person to recover the payment made on behalf of another person?
Correct Answer
D. All of the above.
Explanation
In order for a person to recover the payment made on behalf of another person in the absence of a contract of reimbursement, all of the following conditions must be satisfied: the person making the payment must be interested in paying the amount, the person making the payment must not be legally bound to make the payment, and another person must be legally bound to make the payment.
22.
A's property was wrongfully advertised for sale for recovery of government revenue due from B. In order to save his property, A paid the government dues. In this case, A is entitled to recover the number of dues paid by him B on the basis of:
Correct Answer
C. Quasi-contract
Explanation
In this scenario, A paid the government dues to save his property, even though he was not legally obligated to do so. A quasi-contract is a legal concept that allows for the recovery of benefits conferred on another party under certain circumstances, even in the absence of a formal contract. Since A paid the government dues to protect his property, he can seek to recover the amount paid from B based on the principles of quasi-contract.
23.
A, a tradesman, left certain goods at B's house by mistake, who treats the goods as his own. In this case,
Correct Answer
B. B is bound to pay as A's act is non-gratuitous and quasi-contract arises between them under Section 70.
Explanation
In this case, B is bound to pay for the goods because A's act of leaving the goods at B's house was non-gratuitous, meaning it was not a gift or done out of kindness. As a result, a quasi-contract arises between A and B under Section 70, which implies that B is obligated to compensate A for the goods. This is based on the principle of unjust enrichment, where B would be unjustly enriched if he were allowed to keep the goods without paying for them.
24.
Where a person finds certain goods belonging to some other person, the finder
Correct Answer
D. Both (b) and (c).
Explanation
The correct answer is both (b) and (c). When a person finds certain goods belonging to someone else, they are under a duty to trace the true owner and return the goods. However, if the true owner cannot be found or the goods are perishable, the finder is allowed to sell the goods. This means that the finder has both the responsibility to try and return the goods and the option to sell them under certain circumstances.
25.
Under the law, the responsibility of a finder of goods is the same as that of a
Correct Answer
A. Bailee
Explanation
Under the law, a finder of goods is considered a bailee. A bailee is a person who temporarily possesses someone else's property and has a duty to take reasonable care of it. This means that the finder of goods has the responsibility to safeguard the goods, prevent any damage or loss, and return them to the rightful owner. The finder does not become the owner of the goods, but rather holds them in trust until they are returned to the owner. Therefore, the responsibility of a finder of goods is the same as that of a bailee.
26.
A person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it
Correct Answer
A. True, as quasi -contractual obligations arise in such cases under Section 72.
Explanation
The given statement is true because when money has been paid or anything delivered by mistake or under coercion, the person who received it is obligated to repay or return it. This obligation arises under Section 72, which deals with quasi-contractual obligations. Quasi-contracts are legal obligations that are imposed by the law in the absence of an actual contract, in order to prevent unjust enrichment. Therefore, the correct answer is true.
27.
A paid some money to B by mistake, which was, in fact, due to C. In this case,
Correct Answer
C. A is entitled to recover money under Section 72 of the Indian Contract Act.
Explanation
In this case, A mistakenly paid money to B that was actually due to C. Despite there being no contract between A and B, A is still entitled to recover the money under Section 72 of the Indian Contract Act. This section states that a person who has received money by mistake or under coercion is bound to repay or return it. Therefore, even though there was no agreement between A and B, A can still recover the money from B.
28.
If the obligation created by the quasi-contract has not been discharged, then the injured party becomes entitled to receive compensation from a party in default.
Correct Answer
A. True, as Section 73 makes a provision in this regard.
Explanation
The correct answer is true because Section 73 of the law provides that if the obligation created by a quasi-contract has not been discharged, the injured party has the right to receive compensation from the party in default. This means that if one party fails to fulfill their obligations under a quasi-contract, the other party is entitled to compensation for any damages or losses suffered as a result.
29.
A quasi contract is a _____________ contract.
Correct Answer
C. Valid
Explanation
A quasi contract is a valid contract. A quasi contract is created by the law to prevent unjust enrichment. It is not a true contract because it is not formed through a mutual agreement between parties, but it is treated as a contract to ensure fairness and prevent one party from benefiting at the expense of another. Even though there is no actual contract in place, the law imposes certain obligations and remedies as if there was a valid contract. Therefore, the correct answer is "Valid".
30.
A person supplying __________ to incompetent persons is entitled to be reimbursed on the basis of quasi-contracts.
Correct Answer
A. Necessaries
Explanation
A person supplying necessaries to incompetent persons is entitled to be reimbursed on the basis of quasi-contracts. This means that if someone provides essential items or services to someone who is unable to care for themselves or make decisions, they can seek reimbursement for those necessaries. This is because it is considered unfair for the supplier to bear the burden of providing for someone who is unable to do so themselves.