Latest Indian Contract Act, 1872 MCQ Objective QuestionsIndian Contract Act, 1872 MCQ Question 1:In which of the following cases, the Doctrine of Supervening impossibility will apply? Show
Answer (Detailed Solution Below)Option 3 : Impossibility known to the parties at the time of making of the contract The correct answer is Impossibility known to the parties at the time of making of the contract. Key PointsDoctrine of Supervening Impossibility:
Important Points Doctrine of Supervening Impossibility will be applied in following cases:
Additional InformationThe doctrine of Supervening impossibility will not apply in following cases:
Indian Contract Act, 1872 MCQ Question 2:A general offer of continuing nature is:
Answer (Detailed Solution Below)Option 2 : An offer given to any number of people until is retracted The correct answer is An offer given to any number of people until is retracted An offer is defined under Section 2(a) of The Indian Contract Act as:
Important Points
Therefore, the correct answer is Option 2. Indian Contract Act, 1872 MCQ Question 3:The status of an agreement where both the parties involved in the contract are under mistake as to the matter of fact is ________.
Answer (Detailed Solution Below)Option 1 : Void The correct answer is Void. Important Points Therefore under Section 20 of the Indian Contract Act, 1872, a contract is said to be void when both the parties to the agreement are under a mistake as to a matter of fact. Key Points
Indian Contract Act, 1872 MCQ Question 4:In the contract of agency, Implied agency may arise by: A. Agency by Estoppel B. Agency of Necessity C. Agency by Ratification D. Agency by Holding out
Answer (Detailed Solution Below)Option 2 : A, B and C Agent contract The Agency system is very popular in the current business scenario. There are two parties in the agency system one is the principal and the agent. An agent is a person acting on behalf of his principal. It’s a connecting link between the principal and the third party. Herein we will discuss the creation of an agency under the Indian Contract Act, 1872. Implied Agency: Implied agency arises when there is any conduct, the situation of parties, or is necessary for the case. Implied agency includes 1. Agency by estoppel:
2. Agency by necessity
3. Agency by Ratification:
Agency by holding out may be created by “holding out” where a principal allows a nonappointed person to represent himself as his agent to a third party and does not object. Agency may be created by ratification, where an agent acts without authority and the principal ratifies his conduct. Therefore, it's not an implied agency. Indian Contract Act, 1872 MCQ Question 5:Statement I: As per Section 125 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him. Statement II: The person who promises to indemnify or make good the loss is called the indemnity holder and the person whose loss is made is called indemnifier. Which of the above statement (s) is/are true?
Answer (Detailed Solution Below)Option 4 : None of the above Both statements are incorrect. An explanation for Statement I: Section 125: The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promiser- (1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies; (2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promiser, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promiser authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promiser, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promiser authorized him to compromise the suit. However, As per Section 124 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him. An explanation for Statement II: There are generally two parties in indemnity contracts:
Therefore, the person who promises to indemnify or make good the loss is called the indemnified, and the person whose loss is made is called the indemnity holder. Top Indian Contract Act, 1872 MCQ Objective QuestionsIn which of the following cases, the Doctrine of Supervening impossibility will apply?
Answer (Detailed Solution Below)Option 3 : Impossibility known to the parties at the time of making of the contract The correct answer is Impossibility known to the parties at the time of making of the contract. Key PointsDoctrine of Supervening Impossibility:
Important Points Doctrine of Supervening Impossibility will be applied in following cases:
Additional InformationThe doctrine of Supervening impossibility will not apply in following cases:
Which one of the following is a void contract?
Answer (Detailed Solution Below)Option 2 : A contract which ceases to be enforceable by law Void Contract Or Agreement Section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law void.
Therefore, A contract which ceases to be enforceable by law is a void contract. 1. Unilateral Contract:
2. Implied contract:
3. Express Contract:
Which one is the correct sequence implied in the Indian Contract Act 1872? (A) Offer of proposal (B) Contract (C) Promise (D) Agreement (E) Acceptance Choose the correct answer from the options given below:
Answer (Detailed Solution Below)Option 4 : (A), (E), (C), (D), (B) The Indian Contract Act, 1872:
The following are the correct sequence implied in the Indian Contract Act 1872: 1. Offer: According to the Indian Contract Act 1872, the proposal is defined in Section 2 (a) as “when one person will signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.” 2. Acceptance: The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus the proposal when accepted becomes a promise.” 3. Promise: Section 2 of the Indian Contract Act of 1872 defines what promises are- When someone expresses his willingness to do (or not to do) something, he is said to make a proposal. When the other person (to whom the proposal is made) accepts the proposal, the proposal becomes a promise. 4. Agreement: An agreement between private parties creating mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. Agreement = Offer + Acceptance. 5. Contract: The Indian Contract Act, 1872 defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land. The objective of the Contract Act is to ensure that the rights and obligations arising out of a contract are honored and that legal remedies are made available to an aggrieved party against the party failing to honor his part of the agreement. Therefore, option 4 is the correct answer. Statement I): Agreement without consideration is always valid. Statement II): All contracts are agreements but all agreements are not contracts. In the context of the above two statements, which one of the following codes is correct?
Answer (Detailed Solution Below)Option 3 : Statement I is incorrect and Statement II is correct Statement I): Agreement without consideration is always valid. Explanation: Agreement: In legal parlance, the word ‘agreement’ is used to mean a promise/commitment or a series of reciprocal promises which constitutes consideration for the parties to contract. In an agreement, one person offers or proposes something to another person, who in turn accepts the same. In other words, offer plus acceptance amounts to the agreement, or we can say that an accepted proposal is an agreement. Therefore, Agreement without consideration is always valid is incorrect. Statement II): All contracts are agreements but all agreements are not contracts. Explanation: Contract Vs. Agreement: An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law. Thus, all contracts are agreements but all agreements are not contracts. Thus, option 3 is the correct answer. Arrange the following in order of their manifestations: a) Offer b) Acceptance c) Breach of contract d) Contract Choose the correct option from the following:
Answer (Detailed Solution Below)Option 2 : a, b, d and c The following are listed in order of their manifestations: 1. Offer: According to the Indian Contract Act 1872, proposal is defined in Section 2 (a) as “when one person will signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.” 2. Acceptance: The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus the proposal when accepted becomes a promise.” 3. Contract: The Indian Contract Act, 1872 defines the term “Contract” under its section 2 (h) as “An agreement enforceable by law”. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land. Agreement = Offer + Acceptance. 4. Breach Of Contract: A breach is a failure by a party to fulfill the obligations under a contract. First, there will be an offer made by one party to the other. If the other party accepts the offer, it becomes a contract (if enforceable by law). If the other party fails to perform the obligations of the contract, it will be considered as breaching. Thus, option 2 is the correct answer. Indian Contract Act, 1872 MCQ Question 11:In which of the following cases, the Doctrine of Supervening impossibility will apply?
Answer (Detailed Solution Below)Option 3 : Impossibility known to the parties at the time of making of the contract The correct answer is Impossibility known to the parties at the time of making of the contract. Key PointsDoctrine of Supervening Impossibility:
Important Points Doctrine of Supervening Impossibility will be applied in following cases:
Additional InformationThe doctrine of Supervening impossibility will not apply in following cases:
Indian Contract Act, 1872 MCQ Question 12:What is consent under the Indian Contract Act, 1872:
Answer (Detailed Solution Below)Option 3 : When they agree upon the same thing in the same sense The Indian Contract Act, 1872:
Consent under the Indian Contract Act, 1872:
Therefore, when two or more persons agree upon the same thing in the same sense is consent under the Indian Contract Act, 1872. Elements of free consent:
Indian Contract Act, 1872 MCQ Question 13:In the contract of agency, Implied agency may arise by: A. Agency by Estoppel B. Agency of Necessity C. Agency by Ratification D. Agency by Holding out
Answer (Detailed Solution Below)Option 2 : A, B and C Agent contract The Agency system is very popular in the current business scenario. There are two parties in the agency system one is the principal and the agent. An agent is a person acting on behalf of his principal. It’s a connecting link between the principal and the third party. Herein we will discuss the creation of an agency under the Indian Contract Act, 1872. Implied Agency: Implied agency arises when there is any conduct, the situation of parties, or is necessary for the case. Implied agency includes 1. Agency by estoppel:
2. Agency by necessity
3. Agency by Ratification:
Agency by holding out may be created by “holding out” where a principal allows a nonappointed person to represent himself as his agent to a third party and does not object. Agency may be created by ratification, where an agent acts without authority and the principal ratifies his conduct. Therefore, it's not an implied agency. Indian Contract Act, 1872 MCQ Question 14:Statement I: As per Section 125 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him. Statement II: The person who promises to indemnify or make good the loss is called the indemnity holder and the person whose loss is made is called indemnifier. Which of the above statement (s) is/are true?
Answer (Detailed Solution Below)Option 4 : None of the above Both statements are incorrect. An explanation for Statement I: Section 125: The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promiser- (1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies; (2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promiser, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promiser authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promiser, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promiser authorized him to compromise the suit. However, As per Section 124 of the Indian Contract Act, a contract of indemnity is a contract by which one party promises to save the other party from loss caused to him. An explanation for Statement II: There are generally two parties in indemnity contracts:
Therefore, the person who promises to indemnify or make good the loss is called the indemnified, and the person whose loss is made is called the indemnity holder. Indian Contract Act, 1872 MCQ Question 15:Which one of the following is a void contract?
Answer (Detailed Solution Below)Option 2 : A contract which ceases to be enforceable by law Void Contract Or Agreement Section 2(j) of the Act defines a void contract as “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. This makes all those contracts that are not enforceable by a court of law void.
Therefore, A contract which ceases to be enforceable by law is a void contract. 1. Unilateral Contract:
2. Implied contract:
3. Express Contract:
Which of the following Cannot enter into a contract?Minors. Any person who is not of the age of majority is a minor. In India, 18 years is the age of majority. Below the age of 18 years does not have the capacity to enter into a contract.
Which one of the following is not considered as a ground for a contract to discharge by frustration?Only physical or legal impossibility will excuse the parties. The performance of the contract should have become impossible due to any of the circumstances mentioned above. The doctrine of frustration or supervening impossibility does not apply in the following cases. i.e. in these cases the contract is not discharged.
Which of the following is a requirement of an implied in fact contract?An unambiguous offer, Unambiguous acceptance, Mutual intent to be bound, and. Consideration.
Which of the following is not an element for a valid contract?A valid contract requires an offer to be accepted, whereas an invitation to treat is not an essential element of a contract.
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