McqMate
| 101. |
Express offers and acceptances may be proved by the agreement between the parties but implied offers can be proved only by |
| A. | the words |
| B. | the conduct |
| C. | circumstantial evidence |
| D. | both (B) and (C) |
| Answer» D. both (B) and (C) | |
| 102. |
Sections 4 and 5 of the Ind ian Contract Act provide for c ommunication of offer and acceptance and revocation thereof. In this relation, which one of the fo llowing is not correct? |
| A. | Communication of offer is complete when it reaches the offeree. |
| B. | Revocation of acceptance is complete when acceptance is posted in favour of the proposer. |
| C. | A proposal may be revoked any time before communication of acceptance. |
| D. | Acceptance may be revoked any time before communication of acceptance. |
| Answer» D. Acceptance may be revoked any time before communication of acceptance. | |
| 103. |
Consider the following statements: Consideration is 1. A motive for any promise 2. A price for any promise 3. Only a moral obligation 4. Something of value in the eye of law of these statements. |
| A. | 1, 2 and 3 are correct. |
| B. | 1 and 4 are correct. |
| C. | 2 and 4 are correct |
| D. | 3 alone is correct |
| Answer» C. 2 and 4 are correct | |
| 104. |
Two persons have the capacity to contract |
| A. | if both are not of unsound mind. |
| B. | if none is disqualified from contracting by any law to which he is subject. |
| C. | if both have attained the age of majority |
| D. | All of the above |
| Answer» D. All of the above | |
| 105. |
Which of the following types of persons are not disqualified from contracting? |
| A. | Foreign Sovereigns |
| B. | Alien Enemy |
| C. | Convicts |
| D. | None of the above |
| Answer» D. None of the above | |
| 106. |
A agrees to sell to B a “hundred tons of oil”. There is nothing whatever to show what kind of oil was intended. The agreement is |
| A. | valid |
| B. | void for uncertainty |
| C. | voidable |
| D. | illegal |
| Answer» B. void for uncertainty | |
| 107. |
A promised B to obtain an employment for him in a public office. B promised to pay 2,000 to A for this. B gets a job through A but refuses to pay the money. A can |
| A. | challenge B’s appointment on the ground of non-payment of money |
| B. | sue B for 2,000 |
| C. | do nothing |
| D. | Both (A) and (B) |
| Answer» C. do nothing | |
| 108. |
Which one of the following is not a characteristics of a contingent contract? |
| A. | performance depends upon a future event. |
| B. | the event must be uncertain |
| C. | the event must be collateral to the contract. |
| D. | there must be reciprocal promises |
| Answer» D. there must be reciprocal promises | |
| 109. |
A gives a recognizance binding him in a penalty of 500 to appear in the court on a certain day. He forfeits his recognizance. He is |
| A. | liable to pay the whole penalty. |
| B. | not liable to pay the penalty |
| C. | liable to pay partially |
| D. | none of the above |
| Answer» A. liable to pay the whole penalty. | |
| 110. |
Agreement by way of wager are |
| A. | valid and enforceable by law |
| B. | void |
| C. | voidable at the option of party |
| D. | illegal |
| Answer» B. void | |
| 111. |
A valid tender or offer of performance must be |
| A. | made at proper time |
| B. | made at proper place |
| C. | made to the proper person |
| D. | all of the above |
| Answer» D. all of the above | |
| 112. |
A, dealing in baby foods, sends samples by train for being exhibited at a Consumer Product’s Show which fact was made known to the railway company. The goods reached the destination after the show was over. A sued the railway company for damages. A will be entitled to |
| A. | ordinary damages |
| B. | no damages |
| C. | exemplary damages |
| D. | special damages |
| Answer» D. special damages | |
| 113. |
Goods means |
| A. | every kind of movable property other than actionable claims and money. |
| B. | some kinds of immovable property only. |
| C. | every kind of movable property including actionable claims and money. |
| D. | Both (A) and (B) |
| Answer» A. every kind of movable property other than actionable claims and money. | |
| 114. |
Future Goods |
| A. | can be the subject matter of sale. |
| B. | cannot be subject matter of sale |
| C. | sometimes may be the subject matter of sale |
| D. | depends on circumstances |
| Answer» A. can be the subject matter of sale. | |
| 115. |
The doctrine of Caveat emptor is not applicable |
| A. | in case of sale under a patent name. |
| B. | in case of sale under a trade name. |
| C. | where the seller is guilty of fraud |
| D. | where the buyer relies on the skill and judgement of the seller. |
| Answer» C. where the seller is guilty of fraud | |
| 116. |
“Nemo dat quad non habet”, means |
| A. | non one is greater than God. |
| B. | none can give who does not himself posses. |
| C. | every one can give everything he has |
| D. | everyone is bound by his habit. |
| Answer» B. none can give who does not himself posses. | |
| 117. |
Unpaid seller can exercise his right of withholding delivery of goods |
| A. | even when property in goods has passed to the buyer |
| B. | only when property in goods has not passed to the buyer |
| C. | either (A) or (B) |
| D. | neither (A) nor (B) |
| Answer» A. even when property in goods has passed to the buyer | |
| 118. |
Where the s ale is n ot notified to be su bject to a right to bid on behalf of seller, and the Auctioneer knowingly takes any bid from the seller or any such person, the sale shall be treated as ____________ by the buyer. |
| A. | unlawful |
| B. | illegal |
| C. | immoral |
| D. | fraudulent |
| Answer» D. fraudulent | |
| 119. |
When a cheque is payable across the counter of a bank it is called |
| A. | OTC cheque |
| B. | Open cheque |
| C. | Crossed Cheque |
| D. | Restricted cheque |
| Answer» B. Open cheque | |
| 120. |
Law of Contract |
| A. | is the whole law of obligation |
| B. | is the whole law of agreements |
| C. | deals with only such legal obligation which arise from agreement. |
| D. | deals with social agreements. |
| Answer» C. deals with only such legal obligation which arise from agreement. | |
| 121. |
For an acceptance to be valid, it must be |
| A. | partial and qualified. |
| B. | absolute and unqualified |
| C. | partial and unqualified |
| D. | absolute and qualified |
| Answer» B. absolute and unqualified | |
| 122. |
If the communication is made by an unauthorized person, it does not result in a/an |
| A. | Contract |
| B. | Agreement |
| C. | Offer |
| D. | Consideration |
| Answer» B. Agreement | |
| 123. |
An offer does not lapse if the |
| A. | offeror dies before acceptance. |
| B. | offeree dies before acceptance |
| C. | acceptance is made by the offeree in ignorance of the death of the offeror. |
| D. | acceptance is made by the offeree with knowledge of the death of the offeror. |
| Answer» C. acceptance is made by the offeree in ignorance of the death of the offeror. | |
| 124. |
An agreement without consideration is void under |
| A. | Sec. 25(1) of the Contract Act |
| B. | Sec. 25 (3) of the Contract Act |
| C. | Sec. 25 (2) of the Contract Act |
| D. | None of the above clauses in Sec. 25 |
| Answer» D. None of the above clauses in Sec. 25 | |
| 125. |
An agreement without consideration is void except in case of compensation for |
| A. | voluntary services rendered |
| B. | voluntary services rendered at the request of the other party to the agreement. |
| C. | voluntary services rendered at the request of third person. |
| D. | reimbursement of expenses incurred. |
| Answer» A. voluntary services rendered | |
| 126. |
Which of the following is not competent to contract? |
| A. | a minor |
| B. | a person of unsound mind |
| C. | a person who has been disqualified from contracting by some law |
| D. | all of the above |
| Answer» D. all of the above | |
| 127. |
‘Active Concealment of fact’ is associated with which one of the following? |
| A. | Misrepresentation |
| B. | Undue Influence |
| C. | Fraud |
| D. | Mistake |
| Answer» C. Fraud | |
| 128. |
The validity of contract is not affected by |
| A. | Mistake of fact |
| B. | Mistake of Indian Law |
| C. | Misrepresentation |
| D. | Fraud |
| Answer» B. Mistake of Indian Law | |
| 129. |
A promises B to pay 100 if it rains on Monday and B promises A to pay 100 if it does not rain on Monday. This agreement is |
| A. | a valid agreement |
| B. | a voidable agreement |
| C. | a wagering agreement |
| D. | an illegal agreement |
| Answer» C. a wagering agreement | |
| 130. |
A borrows from B 500 to bet with C. Can B recover the amount of his loan? |
| A. | Yes, the agreement between them is collateral to a wagering agreement and hence enforceable. |
| B. | Yes, the agreement is not opposed to public policy. |
| C. | No, the agreement is a voidable agreement and can be avoided by A. |
| D. | No, the a greement is wagering agreement and falls under Section 23 and hence void. |
| Answer» D. No, the a greement is wagering agreement and falls under Section 23 and hence void. | |
| 131. |
Which of the following statements is true in connection with the contingent contract? |
| A. | The collateral event is contingent |
| B. | The collateral event may be certain or uncertain |
| C. | The contingency even may be the mere will of the promisor. |
| D. | The main event should be contingent. |
| Answer» A. The collateral event is contingent | |
| 132. |
Quasi-Contracts are |
| A. | not contracts in the real sense of the world. |
| B. | relations which create certain obligations resembling those created by a contract |
| C. | implied contracts |
| D. | unenforceable contracts |
| Answer» B. relations which create certain obligations resembling those created by a contract | |
| 133. |
If the performance of contract becomes impossible because the subject matter of contract has ceased to exist then |
| A. | both the parties are liable |
| B. | neither party is liable |
| C. | only offeror is liable |
| D. | only acceptor is liable |
| Answer» B. neither party is liable | |
| 134. |
A valid contract of sale |
| A. | includes ‘an agreement to sell’ |
| B. | does not include ‘an agreement to sell’ |
| C. | includes hire purchase contract |
| D. | includes contract for work and labour |
| Answer» A. includes ‘an agreement to sell’ | |
| 135. |
Transfer of documents of title to the goods sold to the buyer, amounts to |
| A. | actual delivery |
| B. | Symbolic delivery |
| C. | constructive delivery |
| D. | None of the above |
| Answer» B. Symbolic delivery | |
| 136. |
Right of Stoppage in transit can be exercised by the Unpaid Seller, where he |
| A. | has lost his right of lien |
| B. | still enjoys his right of lien |
| C. | either (a) or (b) |
| D. | neither (a) nor (b) |
| Answer» B. still enjoys his right of lien | |
| 137. |
The Sale of Goods Act, 1930 governs the transfer of property in |
| A. | movable property |
| B. | immovable property |
| C. | both movable and immovable property \ |
| D. | all types of properties |
| Answer» A. movable property | |
| 138. |
Property in the goods in the Sale of Goods Act, 1930 means |
| A. | Ownership of goods |
| B. | Possession of goods |
| C. | Asset in the goods |
| D. | Custody of goods |
| Answer» A. Ownership of goods | |
| 139. |
Right of Stoppage in transit may be exercised by the Unpaid Seller, by |
| A. | taking actual possession of goods. |
| B. | giving notice of his claim to the Carrier/Bailee who holds the goods |
| C. | Either (a) or (b) |
| D. | Both (a) and (b) |
| Answer» C. Either (a) or (b) | |
| 140. |
The term ‘Negotiable Instrument’ is defined in the Negotiable Instruments Act, 1881, under Section. |
| A. | 12 |
| B. | 13 |
| C. | 13A |
| D. | 2(d) |
| Answer» B. 13 | |
| 141. |
The Negotiable Instruments Act 1881 came into force on |
| A. | 9th December 1881, |
| B. | 19th December, 1881 |
| C. | 1st March, 1882 |
| D. | None of the above |
| Answer» C. 1st March, 1882 | |
| 142. |
A Promissory Note must be |
| A. | in writing |
| B. | unconditional |
| C. | signed by the maker |
| D. | all of the above |
| Answer» D. all of the above | |
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