Unit VI · UGC NET Law PYQCommercial Law

350 previous year questions, arranged topic by topic. The correct option is marked in green.

Topic 1Essential elements of contract and e-contract

137 questions · Open this topic on its own page

2009Statements

Which of the following statement is correct?

  1. (a)An agreement made without consideration is voidable
  2. (b)An agreement made without consideration is void✓
  3. (c)A contract made without consideration is valid
  4. (d)A contract made without consideration is void
Answer & explanation

Ans. (b) : An agreement made without consideration is void. Explanation: Section 25 of the Indian Contract Act 1872 provides that an agreement made without consideration is void. The definition of consideration is given in Section 2(d). The three exceptions under Section 25 present exceptions to this general rule, i.e., where an agreement without consideration is valid and becomes a contract.

2009

A minor is allowed to enforce a contract:

  1. (a)Which of some benefit to him and under which he is required to bear no obligation
  2. (b)Which is beneficial to him without any expense✓
  3. (c)Which is of some importance to him and under which he stands to gain some material gain
  4. (d)Which is of no benefit to him and under which he is required to bear obligation
Answer & explanation

Ans. (b) : In Mohori Bibee v. Dharmodas Ghose (1930 P.C.), it was held that a minor is not competent to contract; hence a contract with a minor is void ab initio. However, if a contract is made for the benefit of a minor, he can enforce it (Radhacharyar v. Srinivas, 1916 Madras High Court).

2009Sequence / order

Arrange the sequence of the following events in which they occur in a contract, using the code:

(1) Communication of offer (2) Invitation of offer (3) Fraud (4) Damages

Codes:

  1. (a)2 — 1 — 3 — 4✓
  2. (b)1 — 2 — 3 — 4
  3. (c)4 — 2 — 1 — 3
  4. (d)4 — 3 — 2 — 1
Answer & explanation

Ans. (a) : Section 2(a) of the Contract Act 1872 defines offer. For a contract to be formed, first there must be an invitation to offer, followed by communication of that offer. Communication is an essential element for a contract. Section 17 deals with fraud (Dairy v. Peak case) and Section 73 deals with damages. Stages of contract: (1) Invitation to offer (2) Communication of offer (3) Acceptance of offer (4) Promise (5) Consideration (6) Agreement (7) Legality (8) Contract.

2009Statements

Some, all or none of the following statements are right. Answer using the code.

(1) A minor is liable for breach of a contract to which he is a party

(2) A minor is liable to pay for necessaries for his spouse

(3) Supply of necessaries to a minor is a contract

(4) Necessaries supplied to a minor need not be according to his station in life, for the supplier to claim damages

Codes:

  1. (a)All statements are right
  2. (b)All statements are wrong
  3. (c)Only statement (iii) is right✓
  4. (d)Only statement (ii) is wrong
Answer & explanation

Ans. (c) : Section 11 of the Indian Contract Act 1872 specifies who is competent to contract and describes those who are incompetent, including persons of unsound mind and disqualified persons. The Act is silent on what the position of a minor's contract would be. However, the court in Mohori Bibee v. Dharmodas Ghose held that a minor's contract is void ab initio, and that a minor is not liable for breach. But Section 68 provides that if necessaries are supplied to a minor or a lunatic, recovery can be made from their property. Hence statement (3) is correct. Statement (4) is wrong because under Section 68, a minor is only liable in circumstances where necessaries suited to his condition in life have been supplied.

2009

Promissory estoppel against Government agencies is decided in:

  1. (a)Tweedle v. Atkinson, 4 L.T. 468
  2. (b)Button v. Poole, 83 L.R. 523
  3. (c)Delhi Clothi and General Mills Ltd. v. Union of India, AIR 1987 SC 2414✓
  4. (d)Kedar nath v. Garie Mohd. ILR (1886) 14 Col 64
Answer & explanation

Ans. (c) : Delhi Clothi and General Mills Ltd. v. Union of India, AIR 1987 SC 2414 — promissory estoppel against the Government is enforceable. The Supreme Court, applying the doctrine of promissory estoppel against the Government, held that the Government cannot go back on its promise and the concession granted cannot be taken back. Tweedle v. Atkinson and Button v. Poole are related to the Gupta principle.

2009Statements

Which one of the following statements is right?

  1. (a)Two or more persons are said to consent when they agree upon something in some sense
  2. (b)Two or more persons are said to consent when they agree upon the same thing in the same sense✓
  3. (c)Two or more persons are said to enter into a contract when they agree upon the same thing in the same sense
  4. (d)Two or more persons are said to enter into a quasi contract when they agree upon the same thing in the same sense
Answer & explanation

Ans. (b) : Section 13 of the Indian Contract Act 1872 defines consent. 'Two or more persons are said to consent when they agree upon the same thing in the same sense.' It is essential that both parties to the contract are of one mind on one point in the same sense. For the formation of a contract, there must be real consent; consent caused by mistake should not occur. If consent is caused by mistake, no contract is formed.

2010

An acceptance given by post:

  1. (a)can be revoked at any time
  2. (b)cannot be revoked at all
  3. (c)can be revoked, if it does not reach to the proposer✓
  4. (d)can be revoked, even if it comes to the knowledge of proposer
Answer & explanation

Ans. (c) : Section 4 of the Contract Act provides when communication is complete. According to it, the communication of acceptance is complete against the acceptor when it is put in the course of transmission to the proposer so as to be out of the power of the acceptor, and against the acceptor when it comes to the knowledge of the proposer. Thus, an acceptance given by post can be revoked before it reaches the proposer or before it comes to his knowledge. The important case of Govardhandas Girdhari Lal Kedia is based on this point.

2010

A promise to pay time barred debt is:

  1. (a)Not enforceable
  2. (b)Enforceable at the discretion of debtor
  3. (c)Enforceable under exception✓
  4. (d)None of the above
Answer & explanation

Ans. (c) : According to Section 25(3) of the Contract Act, a promise to pay a debt barred by limitation law is an exception and such a contract is enforceable.

2010Statements

Which of the following statements is correct?

  1. (a)Third party can always sue for breach of contract
  2. (b)Wagering agreements are illegal
  3. (c)When consent is not free, agreement will always be voidable
  4. (d)Catalogue is an invitation to offer✓
Answer & explanation

Ans. (d) : Catalogue is an invitation to offer, based on the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemist Limited (1952).

2010Assertion–Reason

Two statements are given in this question. One is labeled a Assertion (A) and the other is labled as Reason (R). Examine these statements and select the correct combination of the codes. Assertion (A): Partial acceptance is not acceptance Reason (R): Acceptance must be absolute and unconditional

  1. (a)Both (A) and (R) are correct✓
  2. (b)Both (A) and (R) are wrong
  3. (c)(A) is correct, but (R) is wrong
  4. (d)(A) is false, but (R) is correct
Answer & explanation

Ans. (a) : According to Section 7 of the Contract Act, acceptance must be absolute and unqualified, and must be expressed in a reasonable manner.

2010

A counter offer is:

  1. (a)an invitation to offer
  2. (b)an acceptance to offer
  3. (c)a rejection of the offer✓
  4. (d)a conditional acceptance
Answer & explanation

Ans. (c) : A counter offer is merely a rejection of the original offer, because in it one party makes a proposal to the other party and instead of accepting that proposal, the other party gives a new proposal.

2010

An agreement with minor is void, hence:

  1. (a)Minor is never allowed to enforce such agreement
  2. (b)Minor is allowed to enforce such agreement, if it was made for his benefit
  3. (c)Minor is always allowed to enforce such agreement
  4. (d)Minor is allowed to enforce such contract when other party makes no objection✓
Answer & explanation

Ans. (d) : An agreement with a minor is void, but a minor can enforce such a contract when the other party makes no objection. This principle is based on Mohori Bibee v. Dharmodas Ghose (1903) PC.

2010

Consensus ad idem means:

  1. (a)Common Intention
  2. (b)Meeting of Minds✓
  3. (c)Common Object
  4. (d)None of the above
Answer & explanation

Ans. (b) : Section 13 of the Contract Act states that two or more persons are said to consent when they agree upon the same thing in the same sense. This is called Consensus-ad-idem.

2010Assertion–Reason

Two statements are given in this question. One is labelled as Assertion (A) and the other is labelled as Reason (R). Examine these statements and select the correct combination of the codes. Assertion (A): Collateral transaction to wagering agreement is enforceable by law. Reason (R): Wagering agreement is not illegal.

  1. (a)Both Assertion (A) and Reason (R) are correct✓
  2. (b)Assertion (A) is correct, but Reason (R) is wrong
  3. (c)Both Assertion (A) and Reason (R) are wrong
  4. (d)Reason (R) is correct, but Assertion (A) is wrong
Answer & explanation

Ans. (a) : Section 30 of the Indian Contract Act provides that wagering agreements are void, not illegal. As is clear from Section 30, a wagering agreement is void and unenforceable, but not prohibited by law. Therefore, a wagering agreement cannot be enforced, but collateral transactions to a wagering agreement are enforceable by law.

2010Match the lists

Match List-I with List-II and select and correct answer using the codes given below:

List-I:

A. General offer

B. Contract by telephonic communication

C. Acceptance given in ignorance of proposal

D. Remoteness of damages

List-II:

1. Bhagwandas v. Girdharilal

2. Lalman v. Gauridatt

3. Carlil v. Carbolic Smoke Ball Co.

4. Hadley v. Baxendale

Codes:

  1. (a)A-1, B-2, C-3, D-4
  2. (b)A-3, B-1, C-2, D-4✓
  3. (c)A-2, B-4, C-1, D-3
  4. (d)A-1, B-4, C-3, D-2
Answer & explanation

Ans. (b) :

(a) General offer — Carlil v. Carbolic Smoke Ball Co.

(b) Contract by telephonic communication — Bhagwandas v. Girdharilal

(c) Acceptance given in ignorance of proposal — Lalman Shukla v. Gauridatt

(d) Remoteness of damages — Hadley v. Baxendale

2011

An agreement enforceable at law is a:

  1. (a)Legal agreement
  2. (b)Moral agreement
  3. (c)Acceptance
  4. (d)Contract✓
Answer & explanation

Ans. (d)

According to Section 2(h) of the Indian Contract Act, 1872, agreements enforceable by law are contracts. Agreements not enforceable by law are not contracts, they are void agreements.

2011

Every promise and every set of promises, forming the consideration for each other is:

  1. (a)Contract
  2. (b)Offer
  3. (c)Acceptance
  4. (d)Agreement✓
Answer & explanation

Ans. (d)

Section 2(g) of the Indian Contract Act, 1872 provides that every promise and every set of promises forming the consideration for each other is an agreement.

2011

In a minor's agreement:

  1. (a)Minor cannot be estopped from pleading his minority
  2. (b)Contract is void
  3. (c)Minor is estopped from pleading his minority
  4. (d)Both (A) and (B) are right✓
Answer & explanation

Ans. (d)

According to Section 11 of the Indian Contract Act, a contract must be between adults. In Mohori Bibee v. Dharmodas Ghose (1903 Privy Council), it was held that a minor is not competent to contract and therefore a contract made by a minor is void. A minor can plead his minority and cannot be stopped from doing so.

2011

The age of majority for the purpose of Contract Act is:

  1. (a)21 years for boys and girls
  2. (b)18 years for boys and girls✓
  3. (c)21 years for girls
  4. (d)20 years for boys
Answer & explanation

Ans. (b)

According to Section 11 of the Indian Contract Act, 1872, only a major person can contract. According to Section 3 of the Indian Majority Act, 1875, a person who has attained the age of 18 years is a major.

2012Statements

Which of the following statements are true?

Minor's contract can be ratified on attaining majority

Minor's contract cannot be ratified on attaining majority

Minor's contract can be ratified jointly by both the parties to the contract

Minor is not liable under minor's contract Codes:

  1. (a)1 and 3
  2. (b)2 and 4✓
  3. (c)1 and 2
  4. (d)2 and 3
Answer & explanation

Ans. (b) : In Mohori Bibee v. Dharmodas Ghose (1903 Cal.), the Privy Council held that a contract made with a minor is void ab initio. Therefore, when a minor attains majority, he cannot ratify the contract. When a contract is made with a minor, the minor is not liable, but if the contract is for the benefit of the minor, the minor can be made to benefit from it.

2012Sequence / order

Arrange the following concepts in sequence in which they appeared. Use the codes given below:

Offer by x to y

Undue influence of x over y

Demand of damages by y from x

Acceptance of the offer by y Code:

  1. (a)1, 2, 3, 4
  2. (b)1, 4, 3, 2
  3. (c)2, 1, 4, 3✓
  4. (d)2, 4, 1, 3
Answer & explanation

Ans. (c) : According to Section 10 of the Indian Contract Act, the consent of the parties to the contract must be free, and consent is free only when it is not obtained in the manner specified in Section 14. According to Section 14, consent is not free when obtained under undue influence (as clarified in Section 16). If a contract is made on the basis of undue influence, then when a suit for compensation is brought, the plaintiff must first prove that the defendant exercised undue influence over him, and then show that after the offer was made and accepted, compensation can be demanded. Hence option (c) is correct.

2012

Which one of the following pairs is correctly matched?

  1. (a)In India, consideration must follow from promisee only
  2. (b)In India, consideration must follow from only promisor or only promisee
  3. (c)In India, consideration must follow from promisor or any other person
  4. (d)In India, consideration must follow promisee or any other person✓
Answer & explanation

Ans. (d) : Consideration is necessary for the formation of a legally valid contract. According to Section 25, an agreement without consideration is void. According to the definition of consideration given in Section 2(d) of the Indian Contract Act 1872, consideration can come from the promisee or any other person. Hence option (d) is correctly matched.

2012Sequence / order

Arrange the following concepts in a sequence in which they appeared. Use the code given below:

Right of an unpaid seller to stop goods in transit

Agreement to sell goods

Damages for breach of contract of sale of goods

Conditions and warranties Code:

  1. (a)2, 4, 3, 1
  2. (b)4, 2, 1, 3✓
  3. (c)2, 1, 4, 3
  4. (d)1, 2, 4, 3
Answer & explanation

Ans. (b) : (1) Agreement to sell goods — Section 4 (2) Conditions and warranties are given in provisions relating to Section 11 to 17. (3) Damages for breach of contract of sale of goods (4) Right of unpaid seller to stop goods in transit — Section 50

2012

An offer and an acceptance to it must be in the

  1. (a)same time
  2. (b)same place
  3. (c)same sense✓
  4. (d)none of the above
Answer & explanation

Ans. (c) : According to Section 13 of the Indian Contract Act 1872, offer and acceptance must be in the same sense. According to Section 13, when two or more persons agree upon the same thing in the same sense, they are said to consent, and that is what an agreement is.

2012Statements

Which of the following statements are true?

Past consideration is no consideration under Indian and English Law

Post consideration is no consideration under Indian Law

Past consideration is no consideration under English Law

Past consideration is made in past Codes:

  1. (a)1 and 2
  2. (b)2 and 3
  3. (c)3 and 4✓
  4. (d)4 and 1
Answer & explanation

Ans. (c) : Under Section 25, past consideration is sufficient as consideration. Therefore, in Indian law, past consideration is valid. In English law, past consideration is not valid. Past consideration means that which has already been given. Hence 3 and 4 are correct.

2012Sequence / order

Arrange the following concepts in which they appeared. Use the code given below:

Invitation to offer

Damage

Offer

Damages Codes:

  1. (a)1, 3, 2, 4✓
  2. (b)1, 3, 4, 2
  3. (c)3, 1, 2, 4
  4. (d)1, 4, 3, 2
Answer & explanation

Ans. (a) : The correct sequence is as follows — (1) Invitation to offer (2) Offer (3) Acceptance (4) Consideration (5) Formation of contract (6) Breach of contract (7) Damage (8) Damages (9) Restitution

2012Match the lists

Match n item in List-I with an item in List-II, using code given below: List-I: A. Capacity B. Damages C. Remedy D. Public policy List-II:

Breach

Unruly horse

Compensation

Sound mind Codes:

  1. (a)A-4, B-3, C-2, D-1
  2. (b)A-1, B-2, C-4, D-3
  3. (c)A-3, B-4, C-1, D-2
  4. (d)A-4, B-3, C-1, D-2✓
Answer & explanation

Ans. (d) : The correct matching is as follows — A. Capacity — Sound mind B. Damages — Compensation C. Remedy — Breach D. Public policy — Unruly horse

2012Match the lists

Which one of the following pairs does not match?

  1. (a)Novation of contract — Section 62
  2. (b)Agreement in restraint of legal proceedings — Section 29✓
  3. (c)Tender of performance — Section 38
  4. (d)Unlawful object and consideration — Section 23
Answer & explanation

Ans. (b) : Agreement in restraint of legal proceedings is in Section 28 of the Contract Act. According to this section, a contract that absolutely restrains a party from enforcing his legal rights is void. But it becomes void only when the restraint is complete. It does not declare a partial restraint contract as void.

2012Statements

Which one of the following is correct statement?

  1. (a)Every agency is partnership
  2. (b)Every partnership is agency✓
  3. (c)Every partnership is limited company
  4. (d)Every private limited company is partnership
Answer & explanation

Ans. (b) : Every partnership is agency — this statement is true because under the Partnership Act 1932, all members of a partnership firm are liable for every act done by a single member. All other options are wrong.

2013

A and B are friends. A told to B to show him a new movie in a posh theatre, upon which A promised to offer him lunch in a 5 star hotel. But A gave lunch to B in a road side dhaba. Decide A's liability using codes given below.

  1. (a)A is liable because there was intention to create legal relation between A and B
  2. (b)A is not liable because there was no intention to create legal relation between A and B✓
  3. (c)B was mistaken
  4. (d)A was mistaken
Answer & explanation

Ans. (b) : Under the Indian Contract Act 1872, for determining liability, there must be an intention to create legal relations between the contracting parties, otherwise such a contract cannot be enforced. In Balfour v. Balfour, there was no intention to create a contract. McGregor v. McGregor is also related to intention to contract. An important case in India regarding contract intention is Jamnadass v. Ramavatar.

2013Sequence / order

Arrange the following concepts in sequence in which they occur, using codes given below:

Offer is communicated

Counter offer is made

Offer is rejected

Counter offer is accepted

  1. (a)1, 2, 3, 4
  2. (b)1, 3, 2, 4✓
  3. (c)1, 2, 3, 4
  4. (d)2, 1, 3, 4
Answer & explanation

Ans. (b) : The sequence of concepts as they occur is as follows —

Offer is communicated

Offer is rejected

Counter offer is made

Counter offer is accepted First, someone makes a proposal to someone for the formation of a contract. That proposal can be revoked before the communication of acceptance is complete against the proposer. On knowing about the proposal, a counter offer can also be made, then if the proposer wishes, he can accept the counter offer.

2013

Following are essentials of valid contract:

Parties to contract should have capacity to contract

Parties to contract should have legal mind

Parties to contract should be intelligent

Invitation to offer should be accepted Find correct answer, using codes:

  1. (a)Only (i) is correct✓
  2. (b)Only (i) and (ii) are correct
  3. (c)all of above are correct
  4. (d)Only (ii) is correct
Answer & explanation

Ans. (a) : Section 11 of the Indian Contract Act 1872 is related to competency to contract. According to it, every person is competent to contract who is of the age of majority according to the law to which he is subject, who is of sound mind, and is not disqualified from contracting by any law. Sound mind is defined in Section 12 and consent is defined in Section 13. Hence, for a valid contract, the parties must have capacity to contract.

2013Statements

Find correct legal principle from following statements:

  1. (a)A company may do an act which is necessary for an incidental to the attainment of its objects or which is otherwise not authorized by the Act
  2. (b)A company may not do act which is necessary for or incidental to the attainment of its objects which is otherwise not authorized by the Act
  3. (c)A company may do act which is necessary for or incidental to the attainment of its objects or which is otherwise not authorized by the Act✓
  4. (d)A company may not do act which is unnecessary for or incidental to the attainment of its goals or which is otherwise barred by the Act
Answer & explanation

Ans. (c) : This legal principle is correct that a company may do any act which is necessary or incidental for attaining its objects or which is otherwise authorized by the Act.

2013Assertion–Reason

Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation. Assertion (A): A contract of sale may be absolute or conditional. Reason (R): There is no absolute condition for a contract of sale. Code:

  1. (a)(A) and (R) are true and (R) is correct explanation of (A)
  2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
  3. (c)(A) is true, but (R) is false✓
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (c) : Section 4 of the Sale of Goods Act 1930 deals with sale and agreement to sell. According to subsection 2 of Section 4, a contract of sale may be absolute or conditional. A contract of sale for a sale can be absolute or conditional.

2013Statements

Find the correct legal statement from following statements:

  1. (a)Every partner is liable, severally with all the other partners and jointly for all acts of the firm done while he is a partner
  2. (b)Every partner is liable, joinly with all the other partners and severally for all acts of the firm done while he is a partner✓
  3. (c)Every partner is liable only for acts done by him as acts of the firm done while he is a partner
  4. (d)Sleeping partner is not liable for acts done by him as acts of the firm done while he is a partner
Answer & explanation

Ans. (b) : Section 25 of the Indian Partnership Act 1932 provides for the liability of partners for the acts of the firm. According to it, every partner is liable jointly with all the other partners and also severally for all acts of the firm done while he is a partner.

2013Assertion–Reason

Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation. Assertion (A): It is the duty of the banker to be acquainted with the customer's handwriting. Reason (R): A banker must be handwriting expert. Code:

  1. (a)(A) and (R) are true and (R) is correct explanation of (A)
  2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
  3. (c)(A) is true, but (R) is false✓
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (c) : It is the duty of a banker to be acquainted with the customer's handwriting, but this does not mean that the banker must be a handwriting expert.

2013Sequence / order

X invites his friend Y on dinner but later on declined to arrange it on specified day.

  1. (a)X is liable for breach of contract
  2. (b)X is liable, if Y goes to the house of X and returns without dinner
  3. (c)X is liable for breach of contract, if Y gets dinner in hotel
  4. (d)X is not liable for breach of contract✓
Answer & explanation

Ans. (d) : X invites his friend Y to dinner but declines to arrange dinner on the specified day, even then X is not liable for breach of contract because there is no intention to create legal relations in this agreement.

2013Match the lists

Match List-I with List-II and select the correct answer using the codes given below the lists. List-I: A. Breach of contract B. Revocation of offer C. Consent D. Frustration List-II:

Impossible to perform

Same thing in the same sense

Compensation

Lapse of stipulated time Codes:

  1. (a)A-1, B-3, C-4, D-2
  2. (b)A-2, B-4, C-1, D-3
  3. (c)A-3, B-1, C-2, D-4
  4. (d)A-3, B-4, C-2, D-1✓
Answer & explanation

Ans. (d) : A. Breach of contract — Compensation B. Revocation of offer — Lapse of stipulated time C. Consent — Same thing in the same sense D. Frustration — Impossible to perform

2013Match the lists

Which one of the following pairs does not match?

  1. (a)Negotiable instrument — A piece of paper
  2. (b)Negotiability — Acquisition of property by one's own conduct
  3. (c)Nemo dot quod — Negotiable non Instruments✓
  4. (d)Negotiable — Transfer by instrument simple delivery
Answer & explanation

Ans. (c) : A negotiable instrument is a piece of paper and acquisition of property is through its own force. A negotiable instrument is related to simple delivery by transfer. Nemo dot code non-habet is a Latin maxim, which means — 'No one can give a better title than what he himself has.'

2013Statements

Which of the following statements is wrong?

  1. (a)A condition can become warranty when waived by buyer
  2. (b)A condition can become warranty when buyer accepts goods
  3. (c)A condition can never become warranty✓
  4. (d)Under a condition, a buyer has right to reject goods
Answer & explanation

Ans. (c) : Sections 12 and 13 of the Sale of Goods Act 1930 deal with conditions and warranties. According to Section 13, a condition shall be treated as a warranty in the following circumstances — (i) When voluntarily waived by the buyer (ii) When the buyer accepts goods purchased under the condition

2013

Essentials of valid contract is

  1. (a)Meeting of minds✓
  2. (b)Meeting of parties
  3. (c)Meeting to discuss consideration
  4. (d)Meeting to discuss proposal and acceptance
Answer & explanation

Ans. (a) : For a contract to be formed, it is necessary that there are two parties, because no person can make a proposal to himself or accept it himself. Therefore, when two persons agree upon the same thing in the same sense and the formalities of the contract are fulfilled, a contract is formed.

2013Assertion–Reason

Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation. Assertion (A): A proposal, when accepted, results in an agreement. Reason (R): It is only after the acceptance of the proposal that a contract between the two parties can arise. Codes:

  1. (a)Both (A) and (R) are true and (R) is good explanation of (A)✓
  2. (b)Both (A) and (R) are true, but (R) is not a correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (a) : Section 2(e) of the Indian Contract Act 1872 defines agreement. According to it, every promise and every set of promises forming the consideration for each other is an agreement. According to Section 2(b), when a proposal is accepted, it becomes a promise, and consideration is given for the promise, then it becomes a contract.

2013

A minor is son of a beggar. He is told by a law professor that he would not be liable for any goods he purchases. The minor purchases a car and a bread loaf. Decide liability for payment of car and bread loaf, using codes given below.

  1. (a)The minor is liable to pay price of car and bread loaf
  2. (b)The minor is liable to pay reasonable compensation for car
  3. (c)The minor is liable to pay price of bread
  4. (d)The minor's parent/guardian is liable to pay reasonable compensation for bread loaf✓
Answer & explanation

Ans. (d) : Section 68 of the Indian Contract Act, 1872 provides that a claim can be made for necessaries supplied to a person incapable of contracting or to anyone whom he is legally bound to support, but the following conditions must be fulfilled — (1) The things must be necessaries suited to his condition in life. (2) The things must be supplied to the minor or to a person whom he is legally bound to support. Hence the minor's parents are only bound to pay reasonable compensation for the bread loaf, because a car is not a necessary for a minor.

2013Sequence / order

Arrange following concepts in sequence in which they occur, using codes given below:

Offer

Acceptance

Damage

Damages Codes:

  1. (a)4, 3, 2, 1
  2. (b)1, 2, 4, 3
  3. (c)1, 4, 2, 3
  4. (d)1, 2, 3, 4✓
Answer & explanation

Ans. (d) : The sequence of concepts is as follows —

Offer — Section 2(a) of the Indian Contract Act

Acceptance — an accepted proposal becomes a promise.

Damage — on damage, compensation must be paid.

Damages — Sections 73-75 relate to damages.

2013Statements

Find right answer from following statements:

  1. (a)Every partnership is based on mutual agency✓
  2. (b)Every agency is based on mutual partnership
  3. (c)Every agent is a partner
  4. (d)Every partner is a sleeping partner
Answer & explanation

Ans. (a) : According to Section 4 of the Partnership Act 1932 — (i) Partnership exists between 2 or more persons (ii) A partnership agreement is made by all persons (iii) The object of partnership is to share profits of business (iv) Business is carried on by all persons or by any one or some of them acting for all. According to Section 5, partnership arises from contract, not from status. Hence every partnership is based on mutual agency.

2013Assertion–Reason

Read Assertion (A) and Reason (R) and with help of codes given below, point out the correct explanation. Assertion (A): The doctrine of indoor management seeks to protect the company against the outsider. Reason (R): The company has right to privacy. Codes:

  1. (a)Both (A) and (R) are true and (R) is correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not correct explanation of (A)
  3. (c)(A) is true, but (R) is false✓
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (c) : Under the Companies Act, the doctrine of indoor management protects the company from outsiders because this doctrine tells us about the internal management of the company. Outsiders have no right to know what goes on inside. In FCC v. AT&T (2011), it was held that a company is not entitled to privacy.

2013Statements

Choose correct Statement from following:

  1. (a)Right against the goods can be exercised only by a paid seller
  2. (b)Right against the goods can be exercised only by an unpaid seller✓
  3. (c)Right against the goods can be exercised only by a paid buyer
  4. (d)Right against the goods can be exercised only by an unpaid buyer
Answer & explanation

Ans. (b) : Sections 45-54 of the Sale of Goods Act 1930 relate to the rights of an unpaid seller against goods. According to Section 47, the right against goods can be exercised only by an unpaid seller.

2013Match the lists

Match items in Table A with items in Table B, using codes given below: Table A: A. Prabhu Dayal v. Jwala Bank, ILR 1938 All. 634 B. Discharge from liability by cancellation C. Payment in due course D. Protest Table B:

Section 100

Section 10

Forgery of signature

Section 82 Code:

  1. (a)A-1, B-3, C-2, D-4
  2. (b)A-3, B-4, C-2, D-1✓
  3. (c)A-4, B-3, C-2, D-1
  4. (d)A-2, B-1, C-3, D-4
Answer & explanation

Ans. (b) : A. Prabhu Dayal v. Jwala Bank — Forgery of signature B. Discharge from liability by cancellation — Section 82 C. Payment in due course — Section 10 D. Protest — Section 100

2014

Under the Indian Contract Act, Acceptance of Proposal should be

  1. (a)Conditional or Unconditional
  2. (b)Conditional but not absolute
  3. (c)Unconditional and absolute✓
  4. (d)Unconditional but not absolute
Answer & explanation

Ans. (c) : Unconditional and absolute Explanation: According to Section 7 of the Contract Act, acceptance to convert a proposal into a promise must be — (1) Absolute and unqualified, and (2) Expressed in some usual and reasonable manner.

2014

Contractual liability arises, where

  1. (a)There is offer and acceptance only
  2. (b)There is intention to create legal relation✓
  3. (c)There is loss to one party
  4. (d)The loss of one party is the gain of other party
Answer & explanation

Ans. (b) : There is intention to create legal relation Explanation: Contractual liability arises when there is intention to create legal relations. In Balfour v. Balfour (1811), Lord Stowell held that a contract is not merely a joke, where the parties have no intention of creating legal effect.

2014

There may be a contract without consideration, if

  1. (a)Agreements is in writing and registered
  2. (b)Parties to the agreements are in near relationship
  3. (c)Agreements is made due to natural love and affection
  4. (d)All the above elements are presents✓
Answer & explanation

Ans. (d) : All the above elements are presents Explanation: According to Section 25 of the Indian Contract Act 1872, an agreement without consideration is void except when it is written and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation. According to Section 25(1), an agreement expressed in writing and registered under the law for the time being in force for the registration of documents, and made on account of natural love and affection between parties standing in a near relation to each other, is a valid contract enforceable without consideration.

2014Statements

Which one of the following statements is true?

  1. (a)Intimation of minimum price is proposal
  2. (b)An agreements against public policy is voidable
  3. (c)An agreements, the meaning of which is not certain is void✓
  4. (d)Contingent contracts are illegal
Answer & explanation

Ans. (c) : An agreements, the meaning of which is not certain is void Explanation: Under Section 29 of the Indian Contract Act, agreements the meaning of which is not certain or capable of being made certain are void.

2014Match the lists

Which one of the following pairs does not match?

  1. (a)Definition and essentials of sale — E. & S 5:02 Ruben Ltd. v. Faire Bros., (1949) 1 KB 254
  2. (b)Formalities of sale — Drumond & Sons v. Van Ingen, (1887) 12 App. Cases 284
  3. (c)Conditions implied by trade and usage — Peter Darlington Partners Ltd. v. Gosho Co. Ltd. (1964) 1 Lloyds Rep. 149✓
  4. (d)Sale by sample — Rawland v. Divall, (1923) 2 KB 500 CA
Answer & explanation

Ans. (c) : Explanation: Peter Darlington Partners Ltd. v. Gosho Co. Ltd. (1964) — Conditions implied by trade and usage (Section 16(3) Partnership Act); E & S 5:02 Ruben Ltd. v. Faire Bros. (1949) — Rights and duties of partners (Section 17 Partnership Act); Drumond & Sons v. Van Ingen (1887) — Personal profit earned by a partner (Section 16 Partnership Act); Rawland v. Divall (1923) — Misappropriation by partner (Section 27 Partnership Act).

2014Statements

Which one of the following statements is true?

  1. (a)The order contained in the bill of exchange may be conditional
  2. (b)A bill of exchange must contain a request to pay
  3. (c)Every bill of exchange is a promissory note
  4. (d)The payee must be certain✓
Answer & explanation

Ans. (d) : The payee must be certain Explanation: According to Section 5 of the Negotiable Instruments Act, the following are the characteristics of a bill of exchange — (1) The bill of exchange must be in writing, (2) It must contain an order to pay, (3) The order to pay must be unconditional, (4) It must be signed by the drawer, (5) The drawer, drawee and payee must be certain persons, (6) The amount payable must be certain, (7) Payment of the specified amount must be in money and money only, (8) All formalities of date, stamp, etc. on the bill of exchange must be complete.

2014

For a valid contract acceptance should be

  1. (a)absolute and qualified
  2. (b)partial but unqualified
  3. (c)absolute and unqualified✓
  4. (d)absolutely qualified
Answer & explanation

Ans. (c) : absolute and unqualified Explanation: According to Section 7(1) of the Contract Act, for a valid contract, acceptance must be absolute and unqualified and must be expressed in some usual and reasonable manner.

According to Explanation 2 to Section 25 of the Indian Contract Act, which of the following statements are correct?

An agreement to which the consent of the promisor is not freely given is valid because consideration is adequate

An agreement to which the consent of the promisor is freely given is valid even if consideration is inadequate

2014

Consideration must be legal

Consideration can be illegal Code:

  1. (a)(i) and (ii) are correct
  2. (b)(ii) and (iii) are correct✓
  3. (c)(iii) and iv) are correct
  4. (d)(i) and (iv) are correct
Answer & explanation

Ans. (b) : (ii) and (iii) are correct Explanation: According to Explanation 2 of Section 25 of the Contract Act, an agreement is not void merely because the consent of the promisor to the agreement is freely given and consideration is inadequate. But in deciding whether the promisor's consent to the agreement was freely given, the inadequacy of the consideration shall be taken into account by the court.

2014

In Jyotindra Bhattachatjee v. Mrs. Sona Baton Bora, it was held that

  1. (a)the onus of proving soundness of mind of a person always rests upon a person who alleges such state of mind of another person
  2. (b)the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person✓
  3. (c)the onus of proving unsoundness of mind rests upon person of unsound mind
  4. (d)the onus of proving unsoundness of mind is on the judge deciding the case involving person of unsound mind
Answer & explanation

Ans. (b) : the onus of proving unsoundness of mind of a person always rests upon a person who alleges such state of mind of another person Explanation: In the case of Jyotindra Bhattacharya v. Mrs. Sona Balon Bora, the Supreme Court held that the onus of proving the soundness of mind of a person always rests upon the person who alleges such a mental condition of another person.

2014Assertion–Reason

Read Assertion (A) and Reason (R) and give the correct explanation with the help of codes given below: Assertion (A): Agreement is void when both parties are under mistake as to the matter of law. Reason (R): Parties entering into a contract are legally obliged to know the law relating to the contract. Code:

  1. (a)(A) and (R) are correct and (R) is correct
  2. (b)(A) is correct, but (R) is wrong
  3. (c)(R) is correct, but (A) is wrong
  4. (d)Both (A) and (R) are wrong✓
Answer & explanation

Ans. (d) : Both (A) and (R) are wrong Explanation: Under Section 20 of the Contract Act, where both parties to a contract are under a mistake as to a matter of fact, the contract is void. A mistake of law does not void a contract, but under Section 21, a mistake of law not in force in India shall have the same effect as a mistake of fact.

2014Statements

Which of the following statements are correct? Answer using codes given below: In order that a person can be called a holder in due course, he must show:

that he is the drawer of the negotiable instrument

that he has obtained it without consideration

that he has obtained it before the maturity of the negotiable instrument

that he has obtained the negotiable instrument in good faith Codes:

  1. (a)1 and 2 are correct
  2. (b)2 and 3 are correct
  3. (c)3 and 4 are correct✓
  4. (d)1 and 4 are correct
Answer & explanation

Ans. (c) : 3 and 4 are correct Explanation: According to Section 9 of the Negotiable Instruments Act 1981, a holder in due course means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title, in a state in which the bearer of the instrument was entitled to receive payment from the drawee.

"A grocer supplied goods worth Rs. 6,000 on credit to 'A'. In addition, the grocer solicited a donation of Rs. 2,000 for his son's education to which 'A' consented. Later 'A' refused to pay both sums as he lost money on stock transaction". Which one of the following is correct while deciding the liability of 'A'?

A has already availed of the benefits in terms of goods supplied, hence consideration between the two binds A to pay

A is not bounds to pay Rs.2, 000 as it a gift which is not enforceable in law

2015

A is liable to pay both sums as it is a promise between A and grocer

A is not liable to pay either of the sums as both of them are joint and not separate

  1. (a)1 and 2✓
  2. (b)1 and 3
  3. (c)2 and 4
  4. (d)3 and 4
Answer & explanation

Ans. (a) : 1 and 2 Explanation: Section 70 of the Indian Contract Act provides for the liability of a person enjoying the benefit of non-gratuitous act. According to Explanation 1 of Section 25 of the Indian Contract Act, A is not bound to pay Rs. 2000 as a gift as it is not enforceable in law.

2015

"X makes an offer to Y. X dies the next day, but Y does not know of the death. Y sends a communication to the address of X accepting the offer". Is the agreement formed between the parties? Choose the correct answer.

Requirements of offer followed by acceptance are met

Absence of knowledge of death will not invalidate the agreement

No meeting of minds, which does not render it to a agreement

Death of the offerer reduces it to nullity Codes:

  1. (a)1 and 3
  2. (b)1 and 2
  3. (c)3 and 4✓
  4. (d)2 and 4
Answer & explanation

Ans. (c) : 3 and 4 Explanation: Section 6 of the Indian Contract Act provides how a proposal is revoked. According to sub-section (4), a proposal is revoked by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.

2015Match the lists

Match items of List-I with those of List-II and choose the correct answer using codes: List-I A. Food corporation of India v. Ram keshav Yadav B. Keday Nath Bhattachariji v. Gori Mohammed C. K. Balakrishna v. K.kamalam D. Satyabrata Goshe v. Magniram Bangur & Co. List-II

Impossibility of performance

Capacity of minor to enter into contract

Offer and acceptance

Consideration Codes:

  1. (a)A-4, B-2, C-3, D-1
  2. (b)A-4, B-3, C-2, D-1✓
  3. (c)A-3, B-4, C-2, D-1
  4. (d)A-1, B-2, C-3, D-4
Answer & explanation

Ans. (b) : Correct matching is — (A) Food corporation of India v. Ram Keshav Yadav — Consideration (B) Kedar Nath Bhattacharji v. Gauri Mohammed — Offer and acceptance (C) K. Balakrishna v. K. Kamalam — Capacity of minor to enter into contract (D) Satyabrata Ghosh v. Magniram Bangur & Company — Impossibility of performance

2015Statements

Agreement without consideration is valid under Indian Law. Among the following statements choose the one which is against this rule:

  1. (a)When agreement written exist on accounts of natural love and affection
  2. (b)When the consideration is too inadequate✓
  3. (c)Where the consideration is past one
  4. (d)Where the consideration is from third party
Answer & explanation

Ans. (b) : When the consideration is too inadequate Explanation: Section 25 of the Indian Contract Act 1872, Exception and Explanation (2) provides that an agreement for which the promisor's consent is freely given is not void merely because the consideration is inadequate. But in deciding whether the promisor's consent to the agreement was freely given, the inadequacy of the consideration may be taken into account by the court.

2015

Choose the incorrect combination:

  1. (a)Proposal + Acceptance = promise
  2. (b)Promise + Consideration = Agreement
  3. (c)Agreement + Enforceability = Contract
  4. (d)Proposal + Consideration = Acknowledge✓
Answer & explanation

Ans. (d) : Proposal + Consideration = Acknowledge Explanation: Section 2(b) of the Indian Contract Act defines acknowledgement, according to which when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. When a proposal is accepted it becomes a promise.

2015Match the lists

Match List-I with List-II and select the correct answer using the codes given below the Lists: List-I A. Doctrine of unjust Enrichment B. Doctrine of absolute contract C. Doctrine of Estoppel D. Doctrine of Pari Delicto List-II

Section 11 of contract Act

Section 56

Contract 72

Section 23 Code:

  1. (a)A-1, B-3, C-2, D-4
  2. (b)A-2, B-3, C-1, D-4
  3. (c)A-3, B-2, C-1, D-4✓
  4. (d)A-4, B-2, C-3, D-1
Answer & explanation

Ans. (c) : Correct matching is — (A) Doctrine of unjust enrichment — Section 72 (B) Doctrine of absolute contract — Section 56 (C) Doctrine of Estoppel — Section 11 (D) Doctrine of Pari Delicto — Section 23

2015Statements

Which one statement is correct from the following statements?

  1. (a)A director of a company as a director is a servant of the company
  2. (b)A director is an agent of his company✓
  3. (c)A director is not a fiduciary person of his company
  4. (d)A director is master of his company
Answer & explanation

Ans. (b) : A director is an agent of his company Explanation: It is true that a company's director is an agent of the company. This was confirmed after Ferguson v. Wilson and later affirmed by the Companies Act 2013, Section 166(2) which provides about the duties of directors, stating that the director shall act in good faith in the best interests of the company, and therefore the director of a company acts specifically as an agent of the company.

2015Match the lists

Match List-I with List-II and select the correct answer using codes given below. Answer in context of the Negotiable Instruments Act: List-I A. Time of place for presentment B. Cheques are payable in demand C. Holder of a negotiable instrument D. Fictitious drawer of payee List-II

Section 19

Section 8

Section 61

Section 42 Code:

  1. (a)A-1, B-4, C-2, D-3
  2. (b)A-3, B-2, C-4, D-1
  3. (c)A-2, B-3, C-4, D-1
  4. (d)A-2, B-3, C-1, D-4
Answer & explanation

Ans. (*) : No option is correctly matched. The correct matching is — Time of place for presentment — Section 61 (Negotiable Instruments Act) Cheques payable on demand — Section 19 Holder of negotiable instrument — Section 08 Fictitious drawer or payee — Section 42

2015Statements

Which of the following statement is correct?

  1. (a)Open cheques are those which cannot be directly presented to the drawee bank for payment across the counter
  2. (b)A 16-year old girl can draw a cheque✓
  3. (c)Indorsement is written on front of a cheque
  4. (d)Indorsement cannot be made by the holder of a negotiable instrument
Answer & explanation

Ans. (b) : A 16-year old girl can draw a cheque Explanation: According to Section 26 of the Negotiable Instruments Act 1881, every person capable of contracting may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque. Therefore, it is true that a 16-year-old girl can draw a cheque.

Which of the following statement(s) is/are incorrect? Answer using codes given below:

In attorney General v. Great Eastern Railway Co. the House of Lords observed that the doctrine of ultra vires as it was explained in the Ashbury case, should not be maintained

Section 13(i)(c) of the Companies Act provides incidental objects which need not be stated in the memorandum

2015Statements

Which of the following statements is correct?

  1. (a)A contract is voidable because it was caused by a mistake as to any law in force in India
  2. (b)A mistake as to law not in force in India has the same effect as a mistake of fact✓
  3. (c)A contract is voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact
  4. (d)Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is not void
Answer & explanation

Ans. (b) : A mistake as to law not in force in India has the same effect as a mistake of fact Explanation: According to Section 21 of the Contract Act, a contract is not voidable merely because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.

2015

An agreement without consideration is valid, unless:

  1. (a)It is in writing and registered
  2. (b)Is a promise to compensate for something done
  3. (c)It is made by two minors✓
  4. (d)Is a promise to pay a debt barred by limitation law
Answer & explanation

Ans. (c) : It is made by two minors Explanation: According to Section 25 of the Contract Act, an agreement without consideration is void except when it is written and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation.

2015

A proposal is revoked:

  1. (a)By the notice of revocation of the proposal
  2. (b)By the lapse of a reasonable time if the time is prescribed in the proposal
  3. (c)By acceptance of a condition precedent to acceptance
  4. (d)By the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance
Answer & explanation

Ans. (*) : All options are correct Explanation: Section 6 of the Contract Act mentions various ways of revocation of a proposal — (1) By notice of revocation by the proposer to the other party, (2) By lapse of the time prescribed in the proposal for its acceptance, (3) By failure to fulfil a condition precedent to acceptance, (4) By the death or insanity of the proposer. All options are correct.

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I A. Kundan Lal Rallaram v. Custodian B. C.T. joseph v. I.V.Phillip C. A.V. Murthy v. B.S. Nagabasavanna D. Beni Madhavnath v. Jugandra Nath Balwan List-II

Presumption under section 18 of the Negotiable instrument Act arises only if the execution of the document is proved as true

Burden of proof of failure of consideration for a negotiable instrument

2015Statements

Which of the following statement is incorrect?

  1. (a)A cheque is a bill of exchange, but every bill of exchange is not a cheque
  2. (b)A cheque is always payable on demand
  3. (c)A cheque is a conditional order from the drawer of a cheque to the drawee bank to make payment of money only✓
  4. (d)A post dated cheque cannot be considered as a valid cheque till the date of maturity
Answer & explanation

Ans. (c) : A cheque is a conditional order from the drawer of a cheque to the drawee bank to make payment of money only Explanation: Section 6 of the Negotiable Instruments Act 1881 defines a cheque. According to Section 6, a cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand. Its acceptance (internal) is not necessary. In the ordinary course it can be paid at any time, it is not required to be held for a time period, it is given for immediate payment, it is given to the drawee bank for immediate payment. There is no grace period in it.

2015Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the code given below: Assertion (A): For the proper exercise of the functions of a director, it is essential that he be distinterested, that is, be free from any conflicting interest. Reason (R): Conflict is injurious to mental and physical health. Code:

  1. (a)Both (A) and (R) are correct, and (R) is correct reason for (A)
  2. (b)(A) is correct, but (R) is wrong
  3. (c)Both (A) and (R) are incorrect✓
  4. (d)Both (A) and (R) are correct, but (R) is not correct legal reason for (A)
Answer & explanation

Ans. (c) : Both (A) and (R) are incorrect Explanation: According to Companies Act 2013, the duties of directors are broadly of two types — (1) General duties, (2) Specific duties. Under these duties, directors must perform their duties faithfully and honestly. They must not make improper use of their position and must perform their duties keeping in mind the interests of the company.

2015Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I A. Section 54 of the Sale of Goods Act B. Section 40 of the Sale of Goods Act C. Section 37 of the Sale of Goods Act D. Section 15 of the sale of Goods Act List-II

Risk where goods are delivered at distant place

Delivery of wrong quantity

Sale by description

Rights of unpaid seller against the goods Code:

  1. (a)A-1, B-4, C-2, D-3
  2. (b)A-4, B-1, C-2, D-3✓
  3. (c)A-4, B-1, C-3, D-2
  4. (d)A-2, B-3, C-1, D-4
Answer & explanation

Ans. (b) : (a) Sale of Goods Act Section 54 — Rights of unpaid seller against the goods (b) Sale of Goods Act Section 40 — Risk where goods are delivered at distant place (c) Sale of Goods Act Section 37 — Delivery of wrong quantity (d) Sale of Goods Act Section 15 — Sale by description

2016

"Consideration means a reasonable equivalent of other valuable benefit passed on by the transferor to the transferee Similarly, when the word 'Consideration' was qualified by the word 'adequate' it makes the consideration stronger so as to make it sufficient and valuable having reagard to the facts, circumstances and necessitites of the case." Above Principle was laid down in

  1. (a)Sonia Bhatia v. State of U.P.✓
  2. (b)LIC of India v. Pushapa P. Mansukhani
  3. (c)Dipraich Sugar Mills Ltd.v. Mazdur Union
  4. (d)A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, Salem.
Answer & explanation

Ans. (a) : Sonia Bhatia v. State of U.P. Explanation: In Sonia Bhatia v. State of Uttar Pradesh (1981 SC), it was held that 'consideration' means a reasonable equivalent or other valuable benefit passed on by the transferor to the transferee. Similarly, when the word 'consideration' is qualified by the word 'adequate', it makes the consideration stronger so as to make it sufficient and valuable having regard to the facts, circumstances and necessities of the case.

2016Statements

Which of the following statements is right?

  1. (a)An agreement not to do an impossible act in itself is void
  2. (b)An agreement to do a possible act is void
  3. (c)An Agreement to do and act impossible in itself is void✓
  4. (d)A contract to do an act, which after the contract is made becomes impossible, or, by reason of some event which the promisor could not prevent to be unlawful, becomes valid, when the act becomes impossible or unlawful
Answer & explanation

Ans. (c) : An Agreement to do and act impossible in itself is void Explanation: According to Section 56 of the Indian Contract Act, 1872, an agreement to do an act impossible in itself is void.

2016Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I A. Remoteness of damage B. Proof of loss to be given to claim special damages C. Loss of profit is special loss D. Consequences of delay List-II

Chief Secretary, State of Gujarat v. Kothari and Associates

Madras Railway Co. v. Govind Rau

Karasandas H. Thacker v. Saran Engg. Co. Ltd.

Union of India v. Steel Stock Holders. Code:

  1. (a)A-1, B-2, C-4, D-3
  2. (b)A-2, B-1, C-3, D-4✓
  3. (c)A-2, B-3, C-1, D-4
  4. (d)A-4, B-1, C-3, D-2
Answer & explanation

Ans. (b) : Correct matching — Remoteness of damage — Madras Railway Co. v. Govind Rau (1898) Proof of loss to be given to claim special damages — Chief Secretary, Gujarat State v. Kothari and Associates (2003) Loss of profit is special loss — Karasandas H. Thacker v. Saran Engineering Co. Ltd. (1965) Consequences of delay — Union of India v. Steel Stock Holders (1976)

Which of the following aspects are the parts of undue influence? Answer using codes given below:

Inability to dominate will of other

A party unduly influencing and another party being unduly influenced are on equal footing

2016Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): It shall not be a defence in a prosecution for an offence under Section 138 of the Negotiable Instrument Act that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reason stated in that Section. Reason (R): Above assertion is laid down in Section 140 of the Negotiable Instrument Act. Code:

  1. (a)Both (A) and (R) are wrong
  2. (b)Both (A) and (R) are right and (R) is correct explanation of (A)✓
  3. (c)(A) is right, but (R) is wrong
  4. (d)(R) is right, but (A) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are right and (R) is correct explanation of (A) Explanation: Section 140 of the Negotiable Instruments Act provides that it shall not be a defence in a prosecution for an offence under Section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reason stated in that section. The above provision is laid down in Section 140 of the Act. Therefore, both (A) and (R) are correct and (R) is the correct explanation of (A).

2016Match the lists

Match List-I with List-II and select the correct answer using codes given below: List-I (Exceptions to doctrine of indoor management) A. Knowledge of irregularity B. Suspicion of irregularity C. Forgery D. Acts outside apparent authority List-II (Judgement)

T.R. Pratt Ltd. v. M.T. Ltd.

Ruben v. Great Fingall Consolidated

Anand Behari Ltd. v. Dinshaw & Co.

Morris v. Kanssen Code:

  1. (a)A-2, B-3, C-1, D-4
  2. (b)A-4, B-1, C-3, D-2
  3. (c)A-1, B-4, C-2, D-3
  4. (d)A-4, B-1, C-2, D-3✓
Answer & explanation

Ans. (d) : Correct matching is — (a) Knowledge of irregularity — Morris v. Kanssen (b) Suspicion of irregularity — T.R. Pratt Ltd. v. M.T. Ltd. (c) Forgery — Ruben v. Great Fingall Consolidated (d) Acts outside apparent authority — Anand Behari Ltd. v. Dinshaw & Co.

2016Statements

Which of the following statement is correct?

  1. (a)A condition is a stipulation collateral to any purpose of the contract
  2. (b)A warranty is a stipulation collateral to any purpose of the contract
  3. (c)When a buyer waives a warranty, it becomes a condition
  4. (d)Where a contract of sale is not servable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied to that effect✓
Answer & explanation

Ans. (d) : Where a contract of sale is not servable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied to that effect Explanation: According to Section 13(2) of the Sale of Goods Act, where a contract of sale is not severable and the buyer has accepted the goods or part thereof, any breach of condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.

2016Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): Notwithstanding a contract between the partners, a partner shall not indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm. Reason (R): Because Section 13(f) of Indian Partnership Act stipulates so. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct explanation of (A)
  2. (b)(A) and (R) are wrong✓
  3. (c)(A) is right and (R) is wrong
  4. (d)(R) is right and (A) is wrong
Answer & explanation

Ans. (b) : (A) and (R) are wrong Explanation: Section 13(f) of the Partnership Act provides that a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm. Therefore, both assertion and reason are wrong.

2016Assertion–Reason

Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation. Assertion (A): In Mohori Bibee v. Dharmodas Ghose, Sir Lord North observed: "The question whether a contract is void or voidable does not presuppose the existence of a contract within the meaning of the (Contract) Act and can arise in the case of an infant." Reason (R): Ever since this decision in Mohori Bibee v. Dharmodas Ghose Case, it has been doubted that a minor's agreement is void. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct explanation of (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is wrong, but (R) is right
  4. (d)(A) is right, but (R) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: After Mohori Bibi v. Dharmodas Ghose (1903 PC), Lord North held that a minor is not competent to contract and therefore an agreement made by a minor is void ab initio. It cannot be enforced.

2016Statements

"An offer need not be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition. It is an offer to become liable to anyone who, before it is retracted, performs the conditions, and although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement." Above statement is attributed to

  1. (a)Bowen L.J. in Weeks v. Tybald
  2. (b)Bowen L.J. in Carlill v. Carbolic Smoke Ball Co.✓
  3. (c)Bowen L.J. in Lalman Shukla v. Gauri Dutt
  4. (d)Bowen L.J. in Malraju Lakshmi Venhayamma v. Venkata Narasimha Appa Rao
Answer & explanation

Ans. (b) : Bowen L.J. in Carlill v. Carbolic Smoke Ball Co. Explanation: Carlill v. Carbolic Smoke Ball Co. (1893) is an important case based on general offer. In this case, it was held that in respect of such an offer, it is presumed that the offeror has waived the right to receive communication of acceptance. The fulfilment of the conditions of the offer is itself considered to be the acceptance of the offer, and a contract is made with those who come forward and fulfil the conditions on the faith of the advertisement. Although the offer is made to the world, the contract is made with that limited portion of the public who come forward. In Lalman Shukla v. Gauri Dutt (1913), it was held that acceptance without knowledge of the offer is not valid.

Which of the following statements are correct? Answer using codes given below:

Adequacy of consideration is necessary

Adequacy of consideration is for the court to consider when contract is sought to be enforced

2016

The court will enquire whether consideration was equivalent to the promise which was given in return

Inadequacy of consideration may be taken into account by the court in determining the question whether the consent of promisor was freely given Codes:

  1. (a)1, 2, 3 and 4 are correct
  2. (b)Only 2, 3 and 4 are correct
  3. (c)Only 3 and 4 are correct
  4. (d)Only 4 is correct✓
Answer & explanation

Ans. (d) : Only 4 is correct Explanation: Explanation 2 of Section 25 of the Indian Contract Act 1872 makes it clear that adequacy of consideration is not necessary. According to this explanation, an agreement for which the promisor's consent is freely given is not void merely because consideration is inadequate, but the inadequacy of consideration may be taken into account by the court in determining the question whether the promisor's consent was freely given. Example — A agrees to sell a horse worth Rs. 1000 for Rs. 10. A's consent is freely given. The agreement is a contract notwithstanding the inadequacy of consideration, and is enforceable.

Which of the following statements is/are wrong? Answer using codes given below:

Claim for damages is debt

Damages are compensatory, not penal

2016Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): It is well settled that if and when there is frustration, the dissolution of the contract does not occur automatically. It depends on the ground of repudiation or breach, or on the choice or election of either party. It does not depend on the effect of what has actually happened on the possibility of performing the contract. Reason (R): Because Lord Wright laid down this principle in Denny, Mott & Dickson Ltd. v. James B. Fraser & Co. Ltd. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct explanation of (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right, but (R) is wrong
  4. (d)(A) is wrong, but (R) is right
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: When a contract is frustrated, the contract becomes void, meaning its dissolution occurs automatically. This principle was laid down in a famous director's speech in Taylor v. Caldwell (1863). In this case, it was held that if a contract whose performance was possible at the time of its formation becomes impossible later, or becomes unlawful due to some event which the promisor could not prevent, it becomes void. This is also called the Doctrine of Frustration. The second paragraph of Section 56 of the Indian Contract Act 1872 explains this doctrine.

2016Match the lists

Match List-I with List-II and select the correct answer using codes given below: List-I (Principle) A. Illegal condition of depositing a cheque B. Filing a complaint for dishonour of a cheque against a company. C. Negligence in collection of a forged demand draft D. Liability of a collecting bank for negligence. List-II (Judgement)

United Bank of India v. Bank of Baroda.

Central Bank of India Ltd. v. V. Gopinathan Nair

S. Ramasamy M.D. v. T. Ayyappa

Pradeep Bhauraoji Lanarkar v. The State of Maharashtra. Code:

  1. (a)A-4, B-3, C-2, D-1
  2. (b)A-3, B-4, C-1, D-2
  3. (c)A-4, B-3, C-1, D-2✓
  4. (d)A-2, B-1, C-3, D-4
Answer & explanation

Ans. (c) : Pradeep Bhau Rao v. State of Maharashtra — Illegal condition of depositing a cheque S. Ramasamy M.D. v. T. Ayyappa — Filing complaint against a company for dishonour of cheque United Bank of India v. Bank of Baroda — Negligence in collection of forged demand draft Central Bank of India Ltd. v. V. Gopinathan Nair — Liability of collecting bank for negligence

2016Statements

Which of the following statement is correct?

  1. (a)A promissory note or a bill of exchange in which time for payment is specified is payable on demand
  2. (b)If the endorser signs his name only, the endorsement is said to be "in full"
  3. (c)Where an instrument may be construed either as a promissory note or a bill of exchange, the holder may at his election treat it as either, and the instrument shall be then forward treated accordingly✓
  4. (d)If the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in figures shall be the amount undertaken or ordered to be paid
Answer & explanation

Ans. (c) : Where an instrument may be construed either as a promissory note or a bill of exchange, the holder may at his election treat it as either, and the instrument shall be then forward treated accordingly Explanation: According to Section 19 of the Negotiable Instruments Act, 1881, a promissory note or bill of exchange in which no time for payment is specified and a cheque are payable on demand. According to Section 16, if the endorser signs only his name, the endorsement is called blank endorsement, and if the instrument contains written direction to a specific person to send it to that person as ordered, it is called full endorsement. According to Section 17, where an instrument may be construed either as a promissory note or a bill of exchange, the holder may at his election treat it as either, and the instrument shall be treated accordingly. According to Section 18, where the amount stated in words and figures differs, the amount stated in words shall be the amount undertaken or ordered to be paid.

2016Assertion–Reason

Read Assertion (A) and Reason (R) and using codes given below, write the correct answer. Assertion (A): The creditors of a limited company are particularly happy due to doctrine of indoor management, it would be happier still if the company could escape liability by denying the authority of the officials to act on its behalf. Reason (R): Because L.C.B. Gower has written so. Codes:

  1. (a)Both (A) and (R) are right and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right, (R) is wrong
  4. (d)(R) is right, (A) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: The doctrine of indoor management was established in the commercial field to provide facilities for the public and to protect their interests, and it has been criticised that it is harmful to the creditors of any company because outsiders cannot know about the internal regularity of the company before establishing a transaction with the company. Professor Grover has said that the creditors of any company cannot be sure of its internal validity. Therefore, if in accordance with this doctrine, the company is not held responsible for acts done by its officials, the creditors would suffer even more harm because they could be released from liability.

2016Assertion–Reason

Read Assertion (A) and Reason (R) and write the correct answer by using codes given below: Assertion (A): The essence of sale is the transfer of goods in property from the seller to the buyer. Reason (R): Because Section 4 of sale of Goods Act stipulates so. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct explanation of (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right and (R) is wrong
  4. (d)(R) is right and (A) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: According to Section 4 of the Sale of Goods Act, 1930, the essence of a contract of sale is the transfer of property in goods from the seller to the buyer. That is, it is property in goods (not goods in property) that is transferred.

Which of the following statements are correct?

A partner of an unregistered firm can sue as a partner

An unregistered firm can enforce its claims against third parties in the civil courts

2017Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I A. Proposal B. Invitation to make an offer C. Communication of acceptance of offer by acceptor himself D. Revocation of offer List-II

Grainger & son v. Gough

Maharashtra Rajya Sahakari Kappas Utpadak Vipanan Mahasabha Ltd. v. Managa Bhaga Chaudhary

Henthorn v. Fraser

Powell v. Lee Code:

  1. (a)A-2, B-1, C-4, D-3✓
  2. (b)A-1, B-2, C-4, D-3
  3. (c)A-2, B-1, C-3, D-4
  4. (d)A-4, B-3, C-1, D-2
Answer & explanation

Ans. (a) : Correct matching — Proposal — Maharashtra Rajya Sahakari Kapas Utpadak Vipanan Mahasabha Ltd. v. Manga Bhaga Chaudhary Invitation to make an offer — Grainger & Son v. Gough Communication of acceptance of offer by acceptor himself — Powell v. Lee Revocation of offer — Henthorn v. Fraser

2017Assertion–Reason

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the code given below: Assertion (A): An agreement made with consideration is void unless it is in writing are registered. Reason (R): Because Section 25(1) of the Indian Contract Act stipulates so. Code:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A) Explanation: According to Section 25 of the Indian Contract Act, an agreement without consideration is void, but if a contract is made because of natural love and affection and is in writing and registered, then such a contract is valid even without consideration. This provision is given in Section 25(a) of the Contract Act. In addition, under sub-section (b), a promise to pay a time-barred debt given after the time has elapsed, and under sub-section (c), a promise to pay for past services are also valid without consideration. Therefore, both A and R are correct, but R is the correct explanation of A.

2017Statements

Which of the following statement is correct?

  1. (a)A person who wrongfully rescinds a contract is entitled to compensation for any damage which he sustained through the non-fulfilment of the contract
  2. (b)A person who rightfully rescinds a contract is not entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract
  3. (c)A person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract✓
  4. (d)A person who rightfully rescinds a contract is entitled to compensation for any damage which he has not sustained through the non-fulfilment of the contract
Answer & explanation

Ans. (c) : A person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract Explanation: According to Section 75 of the Indian Contract Act 1872, a person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract.

2017

Every person is competent to contract

  1. (a)Who is of the age of minority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
  2. (b)who is of the age of majority according to law to which he is not subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
  3. (c)who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
  4. (d)Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject✓
Answer & explanation

Ans. (d) : Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject Explanation: According to Section 11 of the Indian Contract Act 1872, every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

2017Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I (Types of Vitiating elements of a contract) A. Undue influence B. Misrepresentation C. Fraud D. Mistake List-II (Relevant case-law)

Nursey Spg. and Wvg. Co Ltd. Re

Jaggan Nath v. Secy of State for india

Lancashire loans v. Black

Deny v. Peek Code:

  1. (a)A-2, B-4, C-3, D-1
  2. (b)A-1, B-3, C-4, D-2
  3. (c)A-3, B-1, C-4, D-2✓
  4. (d)A-3, B-1, C-2, D-4
Answer & explanation

Ans. (c) : Correct answer is — (A) Undue influence (Section 16) — Lancashire Loans v. Black (B) Misrepresentation (Section 18) — Nursey Spring & Weaving Co. Ltd. (C) Fraud (Section 17) — Derry v. Peek (D) Mistake (Section 20-22) — Jagannath v. Secretary of State for India

2017Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I (Principles of mutual rights and liabilities of partners) A. Remuneration to a partner in absence of an agreement on this matter B. Fixation of remuneration by agreement in respect of a partner does not alter his status as a partner C. Interest on the capital of a partner D. Action against a partner for balance to another List-II (Relevant case-law)

Md. Abdul Sattar v. State of Andhra Pradesh

Ghisulal v. Ghumbirmal

Shelat Brothers v. Nanalal Harilal Shelat

Bhagchand v. Kaluram @ Moolchand Code:

  1. (a)A-4, B-2, C-1, D-3
  2. (b)A-3, B-1, C-2, D-4
  3. (c)A-1, B-3, C-4, D-2
  4. (d)A-3, B-1, C-4, D-2✓
Answer & explanation

Ans. (d) : (A) Remuneration to a partner in absence of agreement — Shelat Brothers v. Nanalal Harilal Shelat (B) Fixation of remuneration by agreement does not alter status — Mo. Abdul Sattar v. Andhra Pradesh State (C) Interest on the capital of a partner — Bhagchand v. Kaluram @ Moolchand (D) Action against a partner for balance to another — Ghisulal v. Ghumbirmal

2017Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I A. Laps of offer B. General offer C. Communication of offer D. Implied offer List-II

Week v. Tybald

Henthon v. Fraser

Coffe Board v. CCT

Lalman Shukla v. Gauri Dutt Code:

  1. (a)A-4, B-3, C-1, D-2
  2. (b)A-2, B-1, C-3, D-4
  3. (c)A-2, B-1, C-4, D-3✓
  4. (d)A-1, B-2, C-4, D-3
Answer & explanation

Ans. (c) : (A) Laps of offer — Henthorn v. Fraser (1892) (B) General offer — Week v. Tybald (1605) (C) Communication of offer — Lalman Shukla v. Gauri Dutt (1913) (D) Implied offer — Coffee Board v. CCT (1980)

2017

"Consideration is the recompense given by the party contracting to the other": Above definition given by

  1. (a)Pollack
  2. (b)Justice Patterson
  3. (c)Cheshire and Fifoot
  4. (d)Blackstone✓
Answer & explanation

Ans. (d) : Blackstone Explanation: Blackstone gave the following definition of consideration — consideration is the recompense given by the party contracting to the other party to the contract.

2017Statements

Which of the following statement is correct?

  1. (a)Acceptance may be made in the manner prescribed or indicated by the offerer
  2. (b)Acceptance has to be made in the manner prescribed or indicated by the offerer
  3. (c)Acceptance has to be made in the manner prescribed or indicated by the offerer✓
  4. (d)Acceptance need not be made in the manner prescribed or indicated by the offerer
Answer & explanation

Ans. (c) : Acceptance has to be made in the manner prescribed or indicated by the offerer Explanation: Under Section 7 of the Indian Contract Act 1872, in order to convert a proposal into a promise, the acceptance — (i) must be absolute and unqualified, and (ii) must be expressed in some usual and reasonable manner as prescribed or indicated by the offerer.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the code given below: Assertion (A): A contract is a property in the nature of a promise supported by some consideration upon which either the remedy of specific performance of that of damage is available. Reason (R): Above principal is laid down in sunrise Associates v. Govt, of NCT of Delhi? Code:

  1. (a)Both (A) and (R) are correct
  2. (b)Both (A) and (R) are incorrect✓
  3. (c)(A) is correct, but (R) is incorrect
  4. (d)(R) is correct, but (A) is incorrect
Answer & explanation

Ans. (b) : Both (A) and (R) are incorrect Explanation: Sunrise Associates v. National Capital Territory Delhi Government (2006) SC is a case related to the Sale of Goods Act. A contract is a property in the nature of a promise supported by some consideration, and its exception is provided in Section 25 of the Contract Act, and on breach of contract, damages are available.

2017Statements

Which of the following statement is correct?

  1. (a)Notwithstanding any express contract the seller of goods is not bound to deliver them until the buyer applies for delivery
  2. (b)Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery✓
  3. (c)Apart from any express contract the seller of goods is bound to deliver them until the buyer applied for delivery
  4. (d)Apart from any express contract, the buyer of goods is bound to deliver them when the seller applies for delivery
Answer & explanation

Ans. (b) : Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery Explanation: According to Section 35 of the Indian Sale of Goods Act, apart from any express contract, the seller is not bound to deliver the goods until the buyer applies for delivery.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and give the correct answer by using the code given below: Assertion (A): A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. But not afterwards. Reason (R): Section 5 of the Indian contract Act 1872, deals with the revocation of proposals and acceptances. Code:

  1. (a)Both (A) and (R) are correct, but (R) is not related to (A)
  2. (b)(A) is correct, but (R) is wrong
  3. (c)(A) is wrong, but (R) is correct
  4. (d)Both (A) and (R) are correct, and (R) is the correct explanation of (A)✓
Answer & explanation

Ans. (d) : Both (A) and (R) are correct, and (R) is the correct explanation of (A) Explanation: Section 5 of the Indian Contract Act 1872 provides for the revocation of proposals and acceptances. According to Section 5, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Therefore, both A and R are correct and R is the correct explanation of A.

Which of the following statement/s is/are correct? Consideration is:

a price for any promise

only a moral obligation

2017

a motive for any promise

something of value in the eye of law Code:

  1. (a)1 and 3 are correct
  2. (b)1 and 4 are correct✓
  3. (c)2, 3 and 4 are correct
  4. (d)3 and 4 are correct
Answer & explanation

Ans. (b) : 1 and 4 are correct Explanation: Consideration is the price of a promise. Such consideration must have some value in the eye of law, because on inadequacy of consideration the agreement becomes void. Therefore 1 and 4 are correct.

2017Statements

Consider the following statement and give correct answer with the help of code given below: The case of Mohari Bibee v. Dharmodas Ghose:

has laid down that a minor's contract become valid when he attains majority

is the decision of the Supreme Court of India regarding minor's contract

is the decision of Privy Council regarding voidness of minor's contract

has laid down that contract without consideration is void Code:

  1. (a)3 and 4 are correct, but 1 and 2 are incorrect
  2. (b)1 and 2 are correct, but 3 and 4 are incorrect
  3. (c)3 is correct, but 1, 2 and 4 are incorrect✓
  4. (d)2 and 4 are correct, but 1 and 3 are incorrect
Answer & explanation

Ans. (c) : 3 is correct, but 1, 2 and 4 are incorrect Explanation: The Privy Council in Mohari Bibi v. Dharmodas Ghose (1903) held that a contract by a minor is void ab initio. And a contract without consideration is also void. Therefore, only option 3 is correct.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and give the correct answer with the help of codes given below: Assertion (A): Acceptance is to offer what a lighted match is to a train a gunpowder. Reason (R): Acceptance cannot be separate from offer. Code:

  1. (a)(A) is true but (R) is false✓
  2. (b)(A) is false but (R) is true
  3. (c)Both (A) and (R) are true, and (R) is the correct explanation of (A)
  4. (d)Both (A) and (R) are true but (R) is not the correct explanation of (A)
Answer & explanation

Ans. (a) : (A) is true but (R) is false Explanation: Anson's statement is that acceptance is to offer what a lighted match is to a train loaded with gunpowder. This means that as soon as acceptance is given, it becomes a promise. This is described in Section 2(b) of the Contract Act. Once acceptance is given, it becomes a promise. The proposal and acceptance can be separated from each other. Therefore, A is true but R is false.

2017Assertion–Reason

Under the Indian Contact Act, 1872. Which one of the following is not true, by one who does not fall in the meaning of fraud:

  1. (a)Active concealment of fact
  2. (b)Suggestion, as a fact, of which is not true, by one who does not believe it to be true
  3. (c)Positive assertion of unwarranted statements✓
  4. (d)A promise made without any intention of performing it
Answer & explanation

Ans. (c) : Positive assertion of unwarranted statements Explanation: Fraud is defined in Section 17 of the Indian Contract Act 1872. According to Section 17 — fraud includes acts committed by a party to a contract or with his connivance or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract — suggesting, as a fact, of that which is not true, by one who does not believe it to be true; active concealment of a fact by one having knowledge or belief of the fact; a promise made without any intention of performing it; any other act fitted to deceive; any such act or omission as the law specially declares to be fraudulent. Therefore, (c) is not included.

2017Assertion–Reason

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R). Read the statements and choose the correct answer using the code given below: Assertion (A): The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. Reason (R): Section 4 of the Indian Contract Act, 1872 deals with the issue of completeness of communications. Codes:

  1. (a)Both (A) and (R) are correct, but (R) is not related to (A)
  2. (b)(A) is correct, but (R) is false
  3. (c)(R) is correct, but (A) is false
  4. (d)Both (A) and (R) are true and (R) is the correct explanations of (A)✓
Answer & explanation

Ans. (d) : Both (A) and (R) are true and (R) is the correct explanations of (A) Explanation: Section 4 of the Indian Contract Act 1872 provides about when communication is complete. According to Section 4, the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. R is the correct explanation of A. Therefore, both A and R are correct.

2017Match the lists

Match the items of List-I with the items of List-II and choose the correct answer from the code given below: List-I (Section of Indian Contract Act 1872) A. Section 2(f) B. Section 2(e) C. Section 2(a) D. Section 2(c) List-II (Definition)

Proposal

Promisor and Promisee

Reciprocal Promises

Agreement Code:

  1. (a)A-1, B-3, C-2, D-4
  2. (b)A-3, B-4, C-2, D-1
  3. (c)A-3, B-4, C-1, D-2✓
  4. (d)A-4, B-2, C-3, D-1
Answer & explanation

Ans. (c) : Correct matching — Section 2(f) — Reciprocal Promises Section 2(e) — Agreement Section 2(a) — Proposal Section 2(c) — Promisor and Promisee

Which of the following statements are correct?

A minor fraudulently misrepresenting his age is not stopped from denying the truth of his statements

2017Statements

A minor fraudulently misrepresenting his age is stopped from denying the truth of his statements

Estoppel does not operate to render a statute ineffective and so minor's agreements is always void Choose the correct answer from the code given below:

  1. (a)2 and 3
  2. (b)1 and 3✓
  3. (c)1 and 2
  4. (d)1, 2 and 3
Answer & explanation

Ans. (b) : 1 and 3 Explanation: In Mohari Bibi v. Dharmodas Ghose (1903), the Privy Council held that a contract by a minor is void ab initio. If a minor fraudulently misrepresents his age and makes any statement, he is not stopped from denying the truth of his statements. Estoppel does not operate to render a statute ineffective and so a minor's agreement is always void. Options 1 and 3 are correct.

2019

The communication of an acceptance is complete as against the proposer

  1. (a)when it is posted to him
  2. (b)when it comes to the knowledge of the proposer✓
  3. (c)when the letter containing acceptance is received by the proposer
  4. (d)when it is put in the course of transmission, so as to be out of the acceptor's power
Answer & explanation

Ans. (b) : when it comes to the knowledge of the proposer Explanation: According to Section 4 of the Indian Contract Act, the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made, while the communication of acceptance is complete as against the proposer when it is put in the course of transmission to him, so as to be out of the power of the acceptor, and as against the acceptor, when it comes to the knowledge of the proposer.

2019

The inadequacy of consideration will be taken into account by a court of law

  1. (a)when the promisor expresses his desire to get maximum return for his promise
  2. (b)when the promisor performs his promise
  3. (c)when fraud, coercion or undue influence in the formation of the contract is pleaded✓
  4. (d)always as the discretion of the Court
Answer & explanation

Ans. (c) : when fraud, coercion or undue influence in the formation of the contract is pleaded Explanation: According to Explanation 2 of Section 25 of the Indian Contract Act, an agreement for which the promisor's consent is freely given is not void merely because the consideration is inadequate, but the inadequacy of consideration may be taken into account by the court in determining the question whether the promisor's consent was freely given.

2019

The principle 'Restitution stops where repayment begins' can be applied against

  1. (a)an alien enemy only
  2. (b)minors only✓
  3. (c)lunatics and idiots only
  4. (d)an incapable person
Answer & explanation

Ans. (b) : minors only Explanation: The principle 'Restitution stops where repayment begins' is applicable only against minors.

2019

A valid contract can be entered into between parties under Indian Contract Act. Which of the following gives legal recognition to such contract.

Section 10-A of Information Technology Act

Section 65-B of Indian Evidence Act

Section 1(4) of Information Technology Act

Section 63 of Indian Evidence Act Choose the correct option:

  1. (a)1 and 4
  2. (b)1 and 2✓
  3. (c)1 and 3
  4. (d)3 and 4
Answer & explanation

Ans. (b) : 1 and 2 Explanation: A valid contract entered into under the Indian Contract Act is given legal recognition by the following provisions — 1. Section 10A of the Information Technology Act, 2. Section 65-B of the Indian Evidence Act. Section 10A — Power of Central Government to make rules relating to electronic signatures. Section 65-B — Admissibility of electronic records.

2019Assertion–Reason

Given below are two statements - One is labelled as Assertion (A) and the other is labelled as Reason (R): Assertion (A): The liability of the surety is co-executive and it cannot go beyond the terms of guarantee. Reasons (R): The rights and liabilities of a surety and borrower are different and distinct and everything depends upon its terms of guarantee. In the light of the above two statements choose the correct option:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
  2. (b)Both (A) and (R) are true and (R) is not the correct explanation of (A)
  3. (c)(A) is true but (R) is false
  4. (d)(A) is false but (R) is true
Answer & explanation

Ans. (a) : Both (A) and (R) are true and (R) is the correct explanation of (A) Explanation: Section 128 of the Indian Contract Act relates to the liability of a surety. According to it, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract. Therefore, both A and R are correct and R is the correct explanation of A.

2020-2021

"An offer cannot be accepted unless it was brought to the knowledge of the person to whom it is made". This was laid down in the case of:

  1. (a)Lalman Shukla v. Gauri Dutt✓
  2. (b)Balfour v. Balfour
  3. (c)Mcgregor v. Mcgregor
  4. (d)Carlill v. Carbolic Smoke Ball Co
Answer & explanation

Ans. (a) : In Lalman Shukla v. Gauridatt (1913 All.), the Allahabad High Court held that for formation of a contract, there must be acceptance of an offer; acceptance cannot occur without knowledge of the offer. Balfour v. Balfour (1919) — Intention to create legal relations. Carlill v. Carbolic Smoke Ball Co. (1893) — General offer.

2020-2021Sequence / order

Arrange the provisions of the Indian Contract Act 1872 in chronological order (Section wise): (1) Who are competent to contract (2) Effect of mistakes as to law (3) What agreement are contracts (4) Agreements in restraint of marriage is void Choose the correct answer from the options given below:

  1. (a)(3), (1), (4), (2)
  2. (b)(1), (3), (2), (4)
  3. (c)(3), (1), (2), (4)✓
  4. (d)(1), (3), (4), (2)
Answer & explanation

Ans. (c) : The chronological order of sections under the Indian Contract Act, 1872 is: (1) Section 10 — What agreements are contracts (2) Section 11 — Who is competent to contract (3) Section 21 — Effect of mistake as to law (4) Section 26 — Agreements in restraint of marriage are void

2021-2022

Which one of the following is correct?

  1. (a)A public company can be formed with a minimum of nine persons
  2. (b)A private company can be formed with two or more persons✓
  3. (c)Memorandum of Association is not required for registration of company
  4. (d)Articles of Association is not required for registration of a company
Answer & explanation

Ans. (b) : According to Section 3 of the Companies Act, 2013, a minimum of 7 persons are required to form a public company and a minimum of 2 persons are required to form a private company. Section 7 of the Act provides that at the time of registration of a company, both the Memorandum of Association and Articles of Association shall be submitted to the Registrar.

2021-2022

Which of the following is false?

  1. (a)A contract is frustrated where the actual and specific subject matter of the contract has ceased to exist
  2. (b)A contract will frustrate where circumstances arise which make the performance of the contract impossible in the manner contemplated
  3. (c)A contract which required personal performance by promisor is frustrated on the death of the promisor
  4. (d)Ceasing of subject matter of contract does not frustrate the contract✓
Answer & explanation

Ans. (d) : According to the doctrine of frustration under Section 56 of the Indian Contract Act, 1872, a contract becomes frustrated on the incapacity of the parties, change in circumstances, or destruction of the subject matter of the contract.

2021-2022

Choose the correct answer from the options given below: (A) An agreement without consideration is a void contract (B) An agreement in restraint of marriage is a voidable contract (C) An unmeaning agreement is a void contract (D) An agreement to do impossible acts is a voidable contract (E) An agreement in restraint of legal proceeding is a void contract

  1. (a)A and C only
  2. (b)B and D only
  3. (c)A, C and E only✓
  4. (d)E only
Answer & explanation

Ans. (c) : According to the Indian Contract Act, 1872: A. Agreement without consideration is void — Section 25 B. Agreement in restraint of marriage is void — Section 26

2021-2022

Which of the following is incorrect?

  1. (a)An agreement not enforceable by law is said to be voidable✓
  2. (b)An agreement enforceable by law is a contract
  3. (c)Every promise and every set of promises forming the consideration for each other is an agreement
  4. (d)An agreement not enforceable by law is said to be void
Answer & explanation

Ans. (a) : According to Section 2(g) of the Indian Contract Act, 1872, an agreement not enforceable by law is said to be void. Section 2(h) — An agreement enforceable by law is a contract. Section 2(e) — Every promise and every set of promises forming the consideration for each other is an agreement.

2021-2022

"I promise to pay B Rs. 50,000/- and to deliver him my black horse on 1st March next." This is:

  1. (a)A promissory note
  2. (b)A bill of exchange
  3. (c)An instrument payable on demand
  4. (d)Not a promissory note✓
Answer & explanation

Ans. (d) : The present problem is similar to illustration (h) of Section 4 of the Negotiable Instruments Act, 1881, according to which the promise to pay B Rs. 50,000 on the next 1st March and to deliver his black horse to him is not a promissory note.

2021-2022

When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted:

  1. (a)Becomes an agreement
  2. (b)Becomes a promise✓
  3. (c)Becomes a contract
  4. (d)Becomes a consideration
Answer & explanation

Ans. (b) : According to Section 2(b) of the Indian Contract Act, 1872, when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.

2021-2022

Where an option to purchase land was exercisable by notice, in which of the following cases, it was held that the mere posting of the notice which was never delivered, was not a valid exercise of the option?

  1. (a)Ram Das Chakrabarti V/s Cotton Ginning Co. Ltd (1887)
  2. (b)J.K. Enterprises V/s State of M.P. (1997)
  3. (c)Hyde V/s Wrench (1840)
  4. (d)Holwell Securities Ltd. V/s Hughes (1974)✓
Answer & explanation

Ans. (d) : In Holwell Securities Ltd. v. Hughes (1974), it was held that where an option to purchase land was exercisable by notice, the mere posting of the notice which was never delivered was not a valid exercise of the option.

2021-2022Match the lists

Match List-I with List-II: List-I A. Rose and Frank Co. V/s Crompton and Brother Ltd. B. Harris V/s Nickerson C. Olley V/s Marlborough Court Ltd. D. Powell V/s Lee List-II I. Standard form of contract II. Intention to create legal relations III. Acceptance must be communicated by the acceptor IV. Invitation to offer Choose the correct answer from the options given below:

  1. (a)A-III, B-I, C-IV, D-II
  2. (b)A-II, B-IV, C-I, D-III✓
  3. (c)A-IV, B-I, C-II, D-III
  4. (d)A-I, B-IV, C-III, D-II
Answer & explanation

Ans. (b) : Correct matching: A. Rose and Frank Co. v. Crompton and Brother Ltd. — Intention to create legal relations B. Harris v. Nickerson — Invitation to offer C. Olley v. Marlborough Court Ltd. — Standard form of contract D. Powell v. Lee — Acceptance must be communicated by the acceptor

2021-2022Sequence / order

Arrange the following statutory provisions on first comes basis as per the Indian Contract Act, 1872: A. Agreement void for uncertainty B. Discharge of surety by release or discharge of principal debtor C. Release of one co-surety does not discharge others. D. Co-sureties liable to contribute equally E. Rights of surety on payment or performance Choose the correct answer from the options given below:

  1. (a)A, C, D, B, E
  2. (b)A, B, C, E, D✓
  3. (c)A, C, E, D, B
  4. (d)C, A, D, B, E
Answer & explanation

Ans. (b) : The order of statutory provisions under the Indian Contract Act, 1872 on first comes basis is: A. Agreement void for uncertainty — Section 29 B. Discharge of surety by release or discharge of principal debtor — Section 134 C. Release of one co-surety does not discharge others — Section 138 D. Rights of surety on payment or performance — Section 140 E. Co-sureties liable to contribute equally — Section 146

December 2019 · Q2Match the lists

Match the following

I -II

A. Fisher v. Bell

1. Privity of contract

B. Harvey v. Facey

2. Minor contract is void

C. Mohiri Bibi v. Dharodas Ghosh

3. Invitation to treat

D. Dunlop Tyre v. Selfridge and Co

4. Quotation of prices

Code

  1. (a)3 4 2 1✓
  2. (b)1 2 3 4
  3. (c)4 2 1 3
  4. (d)1 3 4 2
Answer & explanation

Answer: (a) 3 4 2 1

June 2023 · Q23

'I promise to pay Rs. 5000 and to deliver to him my black horse on 1st January next.' This is an illustration for which of the following?

  1. (a)A valid promissory note
  2. (b)An invalid promissory note✓
  3. (c)A valid bill of exchange
  4. (d)An invalid bill of exchange
Answer & explanation

Answer: (b) An invalid promissory note

June 2023 · Q24

In order to convert a proposal into a promise, the acceptance must be

A. Absolute

B. Unqualified

C. Conditional

D. Random

E. Expressed in some usual and reasonable manner

Choose the correct answer from the options given below

  1. (a)A and B only
  2. (b)A and C only
  3. (c)A, B and E only✓
  4. (d)B, C and D only
Answer & explanation

Answer: (c) A, B and E only

June 2023 · Q30Assertion–Reason

Given below are two statements: one is labelled as Assertion A and the other is labelled as

Reason R

(Assertion A) (Reason)

Assertion A : Mr X hand over a machine to Y, a common carrier, to deliver without any delay to the mill of Mr. X. Y unreasonably delays the delivery of the machine despite being informed that the mill is locked due to lack of machine. As a consequence Mr. X lose a government contract. He is entitled to receive compensation that includes the average amount of profit which he would have made during the time for which the delivery was delayed but not the loss sustained through the lose of the Government contract

A: 'X' 'Y' 'X' 'Y' , 'X'

Reason R : Compensation for the loss or damage caused by breach of contract is not to be given for any remote and indirect loss or damage sustained due to such breach

In the light of the above statements, choose the most appropriate answer from the options given below

  1. (a)Both A and R are true and R is the correct explanation of A✓
  2. (b)Both A and R are true but R is NOT the correct explanation of A
  3. (c)A is true but R is false A R
  4. (d)A is false but R is true A R
Answer & explanation

Answer: (a) Both A and R are true and R is the correct explanation of A

June 2023 · Q57Match the lists

Match List I with List II

I II

List I/I List II

A. Soundness of mind I. Sec 14

B. Fraud

C. Free consent III. Sec 11

D. Competency to IV. Sec 17/17 contract

Choose the correct answer from the options given below

  1. (a)A-I, B-II, C-III, D-IV
  2. (b)A-II, B-IV, C-I, D-III✓
  3. (c)A-II, B-III, C-I, D-IV
  4. (d)A-II, B-IV, C-III, D-I
Answer & explanation

Answer: (b) A-II, B-IV, C-I, D-III

December 2024 · Q84

What is the effect of acceptance of offer in the context of formation of contract?

  1. (a)A contract is created only after an offer is accepted✓
  2. (b)A contract is created only after an offer is rejected
  3. (c)A contract is not created after an offer is accepted
  4. (d)A contract is created only after an offer is revoked
Answer & explanation

Answer: (a) A contract is created only after an offer is accepted

December 2024 · Q106

In which of the following case it was held that "an agreement by a minor is void"?

  1. (a)Damodara Mudaliar v/s Secretary of State for India
  2. (b)Mohori Bibee v/s Dharmodas Ghose✓
  3. (c)Dharmodas Ghose v/s Brahmo Dutt
  4. (d)Damodardass v/s R. Badrilal
Answer & explanation

Answer: (b) Mohori Bibee v/s Dharmodas Ghose

June 2025 · Q82Sequence / order

Arrange the following cases related to the Indian Contract Act in chronological order (ascending)

A. State of Madhya Pradesh v. Gobardhan Dass

B. New India Assurance Co. v. Haryana Roadways, Sonipat

C. Chairman-cum-M.D. T.N. Tea Plantation Corp. Ltd. v. M/s. Srinivasa Timbers

D. G.S.R.T.C. v. B. Arunchandra & Co

  1. (a)A, B, C, D✓
  2. (b)B, C, D, A
  3. (c)C, D, B, A
  4. (d)D, B, A, C
Answer & explanation

Answer: (a) A, B, C, D

Explanation: The cases are arranged by date of judgment and their legal relevance in shaping contract law principles in India.

31 Dec 2025 (Shift 1) · Q64Sequence / order

Arrange the following in the order of their appearance in Section 2 of the Indian Contract Act, 1872

A. Proposal

B. Consideration

C. Agreement

D. Promise

E. Contract

Choose the correct answer from the options given below

  1. (a)A, B, D, C, E
  2. (b)D, B, A, E, C
  3. (c)A, D, B, C, E✓
  4. (d)B, D, A, E, C
Answer & explanation

Answer: (c) A, D, B, C, E

31 Dec 2025 (Shift 1) · Q65Assertion–Reason

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R

Assertion A: Every company having net worth of rupees five hundred crores or more or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during the immediately preceding financial year shall constitute a Corporate Social Responsibility Committee (CSRC)

Reason R: The CSR Committee monitors CSR policy of the company. In the light of the above statements, choose the most appropriate answer from the options given below

  1. (a)Both A and R are correct and R is the correct explantion of A
  2. (b)Both A and R are correct but R is NOT the correct explanation of A
  3. (c)A is correct but R is not correct
  4. (d)A is not correct but R is correct
Answer & explanation

Answer: no single key (see the note below)

Explanation: Note: the source gives no answer for this question.

31 Dec 2025 (Shift 1) · Q86Match the lists

Match the LIST-I with LIST-II LIST-I (Concept under Indian Contract Act, 1872) LIST-II (Corresponding Sections)

A. Payment by interested person I. Section 69

B. Payment made under mistake or coercion II. Section 72

C. Liability of pay for non-gratuitous acts III. Section 68

D. Supply of necessaries IV. Section 70

Choose the correct answer from the options given below

  1. (a)A-II, B-III, C-I, D-IV
  2. (b)A-IV, B-I, C-III, D-II
  3. (c)A-I, B-II, C-IV, D-III✓
  4. (d)A-III, B-IV, C-II, D-I
Answer & explanation

Answer: (c) A-I, B-II, C-IV, D-III

June 2026 · Q77Match the lists

Match List I with List II LIST I (Name of the case) LIST II (Subject Matter)

A. Lalman Shukla v. Gauri Dutt I. Section 30, Wagering Agreement

B. Carlill v. Carbolic Smoke Ball Co. II. Section 20, Mistakes of Fact

C. Hadley v. Baxendale III. Section 4, Communication when complete

D. Phillips v. Brooks IV. Section 73, Breach of Contract

Choose the correct answer from the options given below

  1. (a)A-II, B-III, C-IV, D-I✓
  2. (b)A-IV, B-II, C-I, D-III
  3. (c)A-III, B-I, C-IV, D-II
  4. (d)A-I, B-IV, C-III, D-II
Answer & explanation

Answer: (a) A-II, B-III, C-IV, D-I

Explanation: Matching each landmark English/Indian Contract Law case with its corresponding statutory section or legal subject under the Indian Contract Act, 1872:

• A. Lalman Shukla v. Gauri Dutt (1913) III. Section 4, Communication when complete:

In this landmark case, the court held that an offer cannot be accepted without knowledge of its existence. It directly connects to Section 4 of the Indian Contract Act, which states that the communication of a proposal is complete only when it comes to the knowledge of the person to whom it is made.

• B. Carlill v. Carbolic Smoke Ball Co. (1893) I. Section 30, Wagering Agreement (or General Offer/Unilateral Contract): While primarily known as the leading authority on General Offers made to the world at large, the defense in this case famously argued that the advertisement constituted a wager/wagering agreement under law. The court rejected this defense and distinguished unilateral binding contracts from wagering agreements under Section 30.

• C. Hadley v. Baxendale (1854) IV. Section 73, Breach of Contract: The fundamental rule governing remoteness of damages for breach of contract laid down in Hadley v. Baxendale (general damages vs. special damages) was directly codified into Indian statutory law under Section 73 of the Indian Contract Act, 1872.

• D. Phillips v. Brooks (1919) II. Section 20, Mistakes of Fact (Mistake as to Identity):

This famous case examines whether a contract is void or voidable when there is a fraudulent mistake as to identity in face-to-face transactions, correlating to the principles of Mistake of Fact (Sections 20, 21, and 22). Matching these yields the sequence A-III, B-I, C-IV, D-II, corresponding to Option (a).

June 2026 · Q125

Which one of the following cases distinguish between an offer and invitation to receive offers?

  1. (a)Balfour v. Balfour, (1919)
  2. (b)Lalman Shukla v. Gauri Datt, (1913)
  3. (c)Harvey v. Facey, (1893)✓
  4. (d)Carlill v. Carbolic Smoke Ball Co., (1893)
Answer & explanation

Answer: (c) Harvey v. Facey, (1893)

Explanation: In Harvey v. Facey (1893), the Judicial Committee of the Privy Council clearly distinguished between a binding offer and a mere statement of price / invitation to treat (or invitation to receive offers).

• Facts of the Case: Harvey sent a telegram asking: "Will you sell us Bumper Hall Pen?

Telegraph lowest cash price." Facey replied: "Lowest price for Bumper Hall Pen £900." Harvey telegrammed back: "We agree to buy Bumper Hall Pen for £900 asked by you."

• Holding: The court held that Facey's telegram was merely an answer to a query regarding the lowest price (an invitation to treat/receive offers), not an unconditional offer to sell. Harvey's final telegram was the actual offer, which was never accepted by Facey.

Topic 2Breach of contract, frustration of contract, void and voidable agreements

68 questions · Open this topic on its own page

2009Assertion–Reason

Find correct explanation form following Assertion and Reason form code: Assertion (A) : Agreement by way of wager are void. Reason (R) : Performance of the bargain must depend upon the determination of an uncertain event, in case of wager.

  1. (a)Assertion and Reason are right✓
  2. (b)Assertion and Reason are wrong
  3. (c)Assertion is right, Reason is wrong
  4. (d)Assertion is wrong, Reason is right
Answer & explanation

Ans. (a) : Section 30 of the Indian Contract Act 1872 declares wagering agreements void. Wagering agreements are those in which performance of the bargain must depend upon the determination of an uncertain event, as defined by Justice Hawkins in Carlill v. Carbolic Smoke Ball Co.

2009

In Khemchand v. Bertan, (1888) 13 Bom 150, in context, of public policy relating to a contract, it was decided that:

  1. (a)Help given or promised to a dancing girl is tainted with immorality
  2. (b)Help given or promised to a dancing girl is not tainted with immorality✓
  3. (c)Help given or promised to a dancing girl does not constitute valid consideration for a contract
  4. (d)Help given or promised to a dancing girl is an offer for a contract
Answer & explanation

Ans. (b) : In Khemchand v. Bertan (1888), it was held that help given or promised to a dancing girl is not tainted with immorality, because it is not necessary that a dancing girl is a prostitute.

2009

In estimating the loss or damage arising from a breach of contract:

  1. (a)The means which existed of remedying the inconvenience caused by nonperformance of the contract must be taken into account✓
  2. (b)The means which existed of remedying the convenience caused by performance of the contract must be taken into account
  3. (c)The means which existed of remedying the inconvenience caused by nonperformance of the contract must not be taken into account
  4. (d)The means which did not exist of remedying the inconvenience caused by non-performance of the contract must be taken into account
Answer & explanation

Ans. (a) : Section 73 of the Indian Contract Act 1872 provides that compensation or loss shall be given only to the extent of ordinary damages suffered, not special damages, keeping in view the circumstances of the breach of contract (Hadley v. Baxendale).

2009

The issue in paradine v. Jane, 82 ER 897, was

  1. (a)Mistake
  2. (b)Fraud
  3. (c)Frustration✓
  4. (d)Undue influence
Answer & explanation

Ans. (c) : The case of Paradine v. Jane is related to frustration or impossibility. The earlier rule in English law was that parties to a contract could not seek discharge on the basis of events occurring after the formation of the contract. In Taylor v. Caldwell, even post-contractual events were included in this doctrine.

2009Assertion–Reason

Find correct explanation from following assertion and reason from code. Assertion (A): Damages must be reasonable for breach of a contract. Reason (R): Because reasonable damages are agreed upon in a contract.

Codes:

  1. (a)Assertion (A) and Reason (R) are right
  2. (b)Assertion (A) and Reason (R) wrong
  3. (c)Assertion (A) is right, Reason (R) is wrong✓
  4. (d)Assertion (A) is wrong, Reason (R) is right
Answer & explanation

Ans. (c) : Sections 73-74 of the Indian Contract Act 1872 relate to damages arising from breach of contract. If any party to a contract breaches its terms and causes loss to the other party, that party who committed the breach shall be made to pay compensation, for the loss that naturally followed. In Hadley v. Baxendale, two principles of determining compensation were established: (1) General damages (2) Special damages. Whether any party can agree to reasonable damages for breach of contract depends on facts. Hence, Code (A) is correct and statement (R) is wrong.

2009

Frustration of contract is provided by which section of the Indian Contract Act?

  1. (a)73
  2. (b)70
  3. (c)2
  4. (d)56✓
Answer & explanation

Ans. (d) : Section 56 of the Indian Contract Act provides for frustration (impossibility) of contract. According to it, impossibility of performance is a mode of discharge of contract. When performance of a contract becomes impossible, it becomes void. There are two types of impossibility — (1) Initial impossibility (where the agreement is void from the start) (2) Subsequent impossibility (where the contract becomes void after formation).

2010

When consent is given by mistake, agreement will be:

  1. (a)Voidable
  2. (b)Void✓
  3. (c)Illegal
  4. (d)Valid
Answer & explanation

Ans. (b) : According to Section 20 of the Contract Act, when both parties are under a mistake of fact, the agreement is void.

2010

When the parties to the contract agree to substitute the existing contract with new contract, it is called:

  1. (a)Alteration in Contract
  2. (b)Rescission of Contract
  3. (c)Novation of Contract✓
  4. (d)All of the above
Answer & explanation

Ans. (c) : Section 62 of the Contract Act provides for the effect of novation, rescission and alteration of contract, according to which when the parties to the contract agree to substitute the existing contract with a new contract, it is called novation of contract.

2010

Where a contract contains a stipulation by way of penalty on breach of contract, the aggrieved party is entitled for compensation:

  1. (a)Stipulated amount, if actual loss is proved
  2. (b)Stipulated amount, even actual loss is not proved
  3. (c)Reasonable amount but not more than stipulated amount✓
  4. (d)Reasonable amount, even more than stipulated amount if loss is proved
Answer & explanation

Ans. (c) : Section 74 of the Contract Act provides that where there is a penalty stipulation, the party complaining of breach of contract is entitled to receive from the party who has broken the contract, reasonable compensation not exceeding the named sum.

2011

Void agreement signifies:

  1. (a)Illegal agreement
  2. (b)Legally unenforceable agreement✓
  3. (c)Agreement without contract
  4. (d)Agreement without substance
Answer & explanation

Ans. (b)

According to Section 2(q) of the Indian Contract Act, 1872, agreements not enforceable by law are called void agreements.

2011

An agreement obtained by coercion is:

  1. (a)Void
  2. (b)Voidable✓
  3. (c)Valid
  4. (d)Illegal
Answer & explanation

Ans. (b)

According to Section 19 of the Indian Contract Act, 1872, an agreement obtained by coercion is voidable. In such a situation, consent is not considered free.

2011

An agreement shall be void on account of:

  1. (a)Mistake of law
  2. (b)Mistake of fact by one party
  3. (c)Mistake of fact by both the parties✓
  4. (d)Mistake apparent on face of record
Answer & explanation

Ans. (c)

According to Section 20 of the Indian Contract Act, 1872, when both parties to the contract are under a mistake of fact material to the agreement, the agreement is void. Clarification — a mistake as to the value of the thing which is the subject matter of the contract is not deemed a mistake of fact.

2011

A contingent contract:

  1. (a)becomes void when the event becomes impossible✓
  2. (b)is voidable
  3. (c)is void
  4. (d)never becomes void
Answer & explanation

Ans. (a)

According to Section 36 of the Indian Contract Act, 1872, a contingent contract becomes void when the event becomes impossible. Section 36 makes contracts contingent on impossible events void.

2011

An agreement to do an impossible act is:

  1. (a)void✓
  2. (b)voidable
  3. (c)Valid
  4. (d)unenforceable
Answer & explanation

Ans. (a)

An agreement to do an impossible act is void. This provision is given under Section 56 of the Contract Act. According to the first part of this section, a contract to do an act which is inherently impossible is void.

2011

Section 73 of the Indian Contract Act applies to:

  1. (a)for sale of movable property
  2. (b)for sale of immovable property
  3. (c)both (A) and (B)
  4. (d)None of the above✓
Answer & explanation

Ans. (d)

Section 73 of the Indian Contract Act, 1872 deals with compensation for loss arising from breach of contract. The provision for sale of movable property is made in the Sale of Goods Act 1930, and the provision for sale of immovable property is made in the Transfer of Property Act 1882.

2011

A Wagering Contract is void under:

  1. (a)Section 28
  2. (b)Section 29
  3. (c)Section 30✓
  4. (d)Section 31
Answer & explanation

Ans. (c)

According to Section 30 of the Indian Contract Act, a wagering agreement is void because its object is not to establish legal relations, but merely to distribute gain or loss arising from the occurrence or non-occurrence of a future event.

2011

When a contract provides for a specified sum in case of breach:

  1. (a)it prescribes the minimum liability
  2. (b)it prescribes the maximum limit of liability
  3. (c)it prescribes neither the minimum nor the maximum extent of liability
  4. (d)None of the above✓
Answer & explanation

Ans. (d)

2011

Under Section 74 of the Indian Contract Act, the provision of liquidated damages is that where liquidated damages are provided for breach of contract, the aggrieved party is entitled to receive reasonable compensation not exceeding the stipulated sum from the party who has broken the contract.

An agreement made by mistake is

  1. (a)Void✓
  2. (b)Voidable
  3. (c)Illegal
  4. (d)Immoral
Answer & explanation

Ans. (a) : According to Section 20 of the Indian Contract Act 1872, where both parties to a contract are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Example — A makes a contract with B to buy a white horse, but the horse had already died at the time of the contract, which neither party knew; the agreement is void.

2012Assertion–Reason

Assertion (A): Damages must be related to damage. Reason (R): Damage is damaging and damages are compensating. Codes:

  1. (a)(A) and (R) are true and (R) is correct explanation of (A)
  2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true✓
Answer & explanation

Ans. (d) : Sections 73, 74 and 75 of the Indian Contract Act, 1872 provide for remedy on breach of contract. When one party breaks the contract, the other party can get compensation (Damages). The purpose of compensation is to put the party who has not broken the contract in the position in which it would have been if the contract had been performed. On breach of contract, loss can be of two kinds — direct or proximate loss, and indirect or remote loss. Under Section 73, the loss must be a direct consequence of the breach of contract only then compensation can be obtained. It is not at all necessary for damages to be related to loss, because a claim for damages can also arise when the loss or harm that is going to occur is a direct consequence of the breach of contract.

2012Assertion–Reason

Assertion (A): Collateral transactions to wagering agreements are valid. Reason (R): Only wagering agreements are declared void under section 30 of the Indian Contract Act. Code:

  1. (a)(A) is true, but (R) is false
  2. (b)(A) is false, but (R) is true
  3. (c)(A) and (R) are true and (R) is not correct explanation of (A)
  4. (d)(A) and (R) are true but (R) is correct explanation of (A)✓
Answer & explanation

Ans. (d) : Section 30 of the Contract Act declares wagering agreements void. A wagering agreement exists when the intention of the parties is merely to bear gain or loss arising from the occurrence or non-occurrence of an uncertain future event. Since wagering agreements are void and not illegal, collateral transactions to wagering agreements are valid. An important case on collateral transactions to wagering agreements is Gherulal v. Mahadeodas. Hence both the assertion and reason are correct and Reason (R) is the correct explanation of Assertion (A).

2012Assertion–Reason

Assertion (A): When subject matter of a contract is destroyed, the contract is frustrated. Reason (R): Frustration of a contract frustrates a party to the contract. Codes:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not correct explanation of (A)✓
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (b) : According to Section 56 of the Indian Contract Act, if the contract was capable of performance when entered into, but due to a subsequent change the subject matter of the contract is destroyed, the contract becomes impossible. When the contract becomes impossible, the parties to the contract also suffer disappointment. They will not be able to compel any party to perform the contract. Hence both (A) and (R) are correct but (R) is not the correct explanation of (A).

2013Statements

When a person making a false statement believes the statement to be true and does not intend to mislead to the other party to the contract, it is known as

  1. (a)Mistake
  2. (b)Fraud
  3. (c)Misrepresentation✓
  4. (d)Undue influence
Answer & explanation

Ans. (c) : Section 18 of the Indian Contract Act 1872 defines misrepresentation. Those who come under misrepresentation are —

2013Assertion–Reason

A positive assertion of something which is not true, made in a manner not warranted by the information of the person making it, though he believes it to be true.

Any breach of duty which, without an intent to deceive, gains an advantage to the person committing it or anyone claiming under him, by misleading another to his prejudice or to the prejudice of anyone claiming under him.

Causing a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement, however innocently.

Read Assertion (A) and Reason (R) and with help of code given below, point out the correct explanation. Assertion (A): An agreement not enforceable by law is said to be void. Reason (R): Law has no force. Codes:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not correct explanation of (A)
  3. (c)(A) is correct but (R) is false✓
  4. (d)(A) is false but (R) is correct
Answer & explanation

Ans. (c) : According to Section 2(g) of the Indian Contract Act, an agreement not enforceable by law is called void. Therefore, for an agreement to become a contract it is necessary that such agreement is enforceable by law under Section 2(h). It is wrong to say that law has no force. Every person is bound to comply with the law and is liable to punishment for non-compliance.

2013Match the lists

Match items in Table-A with items in Table-B, using codes given below: Table-A: A. Ambiguous and uncertain agreements B. Coercion C. Past consideration D. Remoteness of damage Table-B:

Section-15

Section-25(2)

Section-73

Section-29 Codes:

  1. (a)A-2, B-3, C-4, D-1
  2. (b)A-4, B-1, C-2, D-3✓
  3. (c)A-3, B-2, C-1, D-4
  4. (d)A-1, B-4, C-3, D-2
Answer & explanation

Ans. (b) : A. Ambiguous and uncertain agreements — Section 29 B. Coercion — Section 15 C. Past consideration — Section 25(2) D. Remoteness of damage — Section 73

2013

Which one of the following provisions of the Indian Contract Act deals with the reciprocal promise to do things legal and also other things illegal?

  1. (a)Section 56
  2. (b)Section 57✓
  3. (c)Section 58
  4. (d)Section 17
Answer & explanation

Ans. (b) : Section 57 of the Indian Contract Act 1872 deals with reciprocal promises to do legal things and also other things that are illegal. According to it, where a person promises first to do certain things that are legal and secondly under certain specified circumstances to do certain other things that are illegal, the first set of promises is a contract but the second is a void agreement.

2013

Section 26 of the Indian Contract Act declares the agreement void on the ground of

  1. (a)Absolute restraint only
  2. (b)Partial restraint only
  3. (c)Both absolute or partial restraint✓
  4. (d)None of the above
Answer & explanation

Ans. (c) : According to Section 26 of the Indian Contract Act 1872, an agreement in restraint of marriage is void. Section 26 declares an agreement void on both absolute and partial grounds. According to Section 26, every agreement in restraint of the marriage of any person other than a minor is void.

2013

When consent is given due to mistake, an agreement will be

  1. (a)Voidable
  2. (b)Legal
  3. (c)Illegal
  4. (d)Void✓
Answer & explanation

Ans. (d) : According to Section 20 of the Indian Contract Act 1872, where both parties to a contract are under a mistake as to a matter of fact essential to the agreement, the agreement is void. According to its explanation, a wrong opinion as to the value of the thing which forms the subject matter of the agreement is not to be deemed a mistake as to a matter of fact. Section 21 deals with the effect of mistakes of law, and Section 22 deals with contracts caused by mistake of one party as to matter of fact.

2013

A contract may be vitiated by:

Fraud

Mistake

Frustration

Undue influence Find correct answer, using codes:

  1. (a)Only (i) is correct
  2. (b)Only (i) and (ii) are correct
  3. (c)Only (i), (ii) and (iii) are correct
  4. (d)All are correct✓
Answer & explanation

Ans. (d) : A contract can be vitiated by the following reasons —

Due to fraud (Section 19 of the Indian Contract Act)

Due to mistake (Sections 20 to 22)

Due to frustration (Section 56)

Due to undue influence (Section 19A)

2013Match the lists

Match items in Table A with Items in Table B, using codes given below: Table-A: A. Promise B. Frustration C. Effect of refusal to accept offer of performance D. Agreement in restraint of marriage Table-B:

Section 56

Section 2(D)

Section 26

Section 38 Codes:

  1. (a)A-2, B-4, C-1, D-3
  2. (b)A-2, B-1, C-4, D-3✓
  3. (c)A-1, B-2, C-4, D-3
  4. (d)A-1, B-2, C-3, D-4
Answer & explanation

Ans. (b) : A. Promise — Section 2(D) B. Frustration — Section 56 C. Effect of refusal to accept offer of performance — Section 38 D. Agreement in restraint of marriage — Section 26

2014

In Indian Contract Act, the term voidable contract has been defined under:

  1. (a)Section 2 (e)
  2. (b)Section 2 (h)
  3. (c)Section 2 (i)✓
  4. (d)Section 2 (g)
Answer & explanation

Ans. (c) : Section 2 (i) Explanation: According to Section 2(i) of the Contract Act, a voidable contract means a contract which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others.

2014

An agreement of trade combination to regulate legal trade in organized way is

  1. (a)Void
  2. (b)Voidable
  3. (c)Legal✓
  4. (d)Illegal
Answer & explanation

Ans. (c) : Legal Explanation: Section 27 of the Indian Contract Act 1872 provides that an agreement in restraint of trade is void, but an agreement of trade combination to regulate legal trade in an organized way shall be valid.

2014Sequence / order

Arrange the following concepts in which sequence they appeared, using the codes given below:

Damage

Breach of terms of agreement of partnership

Damaged

Agreement to share profits from business of firm Codes:

  1. (a)1, 2, 4, 3
  2. (b)4, 2, 1, 3✓
  3. (c)2, 4, 1, 3
  4. (d)3, 1, 2, 4
Answer & explanation

Ans. (b) : 4, 2, 1, 3 Explanation: The correct chronological order is as follows — (1) Agreement to share profits from the firm's business, (2) Breach of terms of partnership agreement, (3) Damage, (4) Damaged.

2014

Where, a law promulgated after the contract is made, makes the performance of the agreement impossible, the agreement becomes

  1. (a)Voidable
  2. (b)Valid
  3. (c)Void✓
  4. (d)Absolutely binding
Answer & explanation

Ans. (c) : Void Explanation: On the basis of Section 56 of the Contract Act, it can be said that when any law promulgated after the contract is made renders the performance of that agreement impossible, such an agreement becomes void.

2014Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I A. Damages arising in the usual course of things B. Compensation for mental anguish C. Measure of damages D. Compensation for breach of contract where penalty is stipulated for List-II

Ghaziabad Dev. Authority v. Union of India

Hadley v. Baxendale

M/s Ganga Maruthi v. Nagaraj

Jamal v. Moolla Dewood Code:

  1. (a)A-2, B-1, C-4, D-3✓
  2. (b)A-1, B-2, C-4, D-3
  3. (c)A-2, B-1, C-3, D-4
  4. (d)A-4, B-3, C-1, D-2
Answer & explanation

Ans. (a) : A — Damages arising in the usual course — Hadley v. Baxendale B — Compensation for mental anguish — Ghaziabad Vikas Pradhikaran v. Union of India C — Measure of damages — Jamal v. Moolla Dewood D — Compensation for breach where penalty is stipulated — M/s Ganga Maruthi v. Nagaraj

2015Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I (Heads of Public Policy) A. Trading with enemy B. Trafficking in public offices C. Interference with administration of justice D. Marriage brokage contracts List-II (Case-Law)

Girdhari Singh v. Neeladhar Singh

Espostiv v. Bowden

Shivsaran Lal v. Keshav Prasad

Nand Kishor v. Kunj Bihari Lal Code:

  1. (a)A-1, B-4, C-2, D-3
  2. (b)A-4, B-1, C-2, D-3✓
  3. (c)A-4, B-1, C-3, D-2
  4. (d)A-2, B-3, C-1, D-4
Answer & explanation

Ans. (b) : (a) Trading with enemy — Nand Kishor v. Kunj Bihari Lal (b) Trafficking in public offices — Girdhari Singh v. Neeladhar Singh (c) Interference with administration of justice — Espostiv v. Bowden (d) Marriage brokage contracts — Shivsaran Lal v. Keshav Prasad

2015Assertion–Reason

Read Assertion (A) and Reason (R) are answer using codes given below: Assertion (A): Compensation is recoverable for any loss or damage arising unnaturally in the unusual course of things from breach of contract, or which the parties did not know at the time of the contract as likely to result from the breach. Reason (R): Because Section 73 of the Indian Contract Act stipulates so. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct reason for (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right, but (R) is wrong
  4. (d)(R) is right, but (A) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: Under Section 73 of the Contract Act, an aggrieved party can claim compensation from parties who breach the contract for the following kinds of loss — (1) Such loss or damage which arose naturally in the usual course of events as a consequence of the breach of contract, (2) Such loss which the parties knew at the time of making the contract to be its likely result. Section 73 is based on the sub-section Hadley v. Baxendale (1954) principle.

2015

Doctrine of frustration was laid down for the first time in:

  1. (a)Krell v. Henry
  2. (b)Taylor v. Caldwell✓
  3. (c)Paradine v. Jane
  4. (d)Cricklewood Property and Investment Trust Ltd. v. Leighton's Investment Trust Ltd.
Answer & explanation

Ans. (b) : Taylor v. Caldwell Explanation: The doctrine of frustration was first laid down in Taylor v. Caldwell (1863), and this doctrine was later incorporated in Section 56 of the Indian Contract Act.

2015

Which of the following cases is about performance of contract?

  1. (a)Maruti Udyog Ltd. v. Susheel Kumar Gobgetra
  2. (b)Great Northern Railway Co. v. Harrison✓
  3. (c)Joyce v. Swanri
  4. (d)Behn v. Burness
Answer & explanation

Ans. (b) : Great Northern Railway Co. v. Harrison Explanation: Great Northern Railway Company v. Harrison is a case about performance of contract.

2016

A relationship involving trust and confidence

In a relationship, one party is a person in mental distress Code:

  1. (a)Only 1 and 2
  2. (b)Only 2 and 3
  3. (c)Only 3 and 4✓
  4. (d)Only 1 and 4
Answer & explanation

Ans. (c) : Only 3 and 4 Explanation: According to Section 16 of the Indian Contract Act 1872, a contract is said to be induced by undue influence only where one party is in a position to dominate the will of another and uses that position to obtain an unfair advantage. It is therefore clear that a relationship involving trust and confidence is one which law requires to be maintained and where on its breach the other party is put under distress. Therefore, if these two factors are present, the contract is induced by undue influence. Hence the correct answer is (c).

2016Statements

Which of the following statements are wrong? Answer using the codes given below:

Fraud renders a contract void

Misrepresentation renders a contract voidable

Misrepresentation is more or less an intentional wrong, whereas fraud may be quite innocent

Damages for loss caused by innocent misrepresentation are assessed on the same principles as in the case of a deliberate fraud Code:

  1. (a)1 and 3 only✓
  2. (b)2 and 4 only
  3. (c)1 and 4 only
  4. (d)1 and 2 only
Answer & explanation

Ans. (a) : 1 and 3 only Explanation: Fraud is defined in Section 17 of the Indian Contract Act 1872. According to Section 19, when consent to an agreement is caused by fraud or misrepresentation, the contract is a voidable contract at the option of the party whose consent was so caused. Therefore, statement (1) is wrong. Statement (2) is correct. Misrepresentation is an innocent wrong, whereas fraud can be innocent — this statement is wrong. Damages for loss caused by innocent misrepresentation are assessed on the same principles as in the case of deliberate fraud — this statement is correct.

2016Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I (Consequences of ultra vires transaction) A. Rights of a member of company to get against ultra vires transaction B. Personal liability of directors C. Breach of warranty of authority to induce a third party to enter into ultra vires transaction D. Ultra vires acquired property List-II (Judgement)

Jehangir R. Modi v. Shamji injunction Ladha

Attorney General v. Great Eastern

Coltman v. Coltman

Weeks v. Propert Code:

  1. (a)A-2, B-1, C-4, D-3✓
  2. (b)A-1, B-2, C-4, D-3
  3. (c)A-2, B-1, C-3, D-4
  4. (d)A-4, B-3, C-1, D-2
Answer & explanation

Ans. (a) : Correct matching is — (a) Rights of a member of company against ultra vires transaction — Attorney General v. Great Eastern Railway Co. (1880) (b) Personal liability of directors — Jehangir R. Modi v. Shamji Ladha (1866) (c) Breach of warranty of authority to induce a third party to enter into ultra vires transaction with company — Weeks v. Propert (1914) (d) Ultra vires acquired property — Coltman v. Coltman

2016

Where the plaintiff suffers no loss, the court may still award him nominal damages in recognition of his right. But this is in the discretion of the court

In ordinary cases damages for mental pain and suffering caused by the breach of contract are not allowed Code:

  1. (a)Only (1) and (2) are wrong
  2. (b)Only (2) and (4) are wrong
  3. (c)Only (1) is wrong✓
  4. (d)Only (4) is wrong
Answer & explanation

Ans. (c) : Only (1) is wrong Explanation: In cases of tort, an action for unliquidated damages is filed. A claim for damages is not a debt because it is not related to the obligation to pay any specified or liquidated sum of money. Damages are compensatory, not penal. Where a plaintiff suffers no loss, the court may still award him some nominal damages in recognition of his rights. In ordinary cases, damages for mental pain and suffering caused by breach of contract are not allowed.

2016Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I (Mistake as to subject matter of contract) A. Mistake as to non-existent subject-matter B. Mistake as to title or rights C. Different subject-matters in mind D. Mistake as to substance, nature or quality or subject matter List-II (Judgements)

Bell v. Lever Bros. Ltd. (1931) UKHL

Raffles v. Wichelhaus (1864)

Gustavus Couturier v. Robert Hastie (1956) UKHL

Sheikh Bros. Ltd. v. Ochsner (1957) Code:

  1. (a)A-1, B-3, C-2, D-4
  2. (b)A-1, B-3, C-4, D-2
  3. (c)A-3, B-1, C-2, D-4✓
  4. (d)A-4, B-2, C-1, D-3
Answer & explanation

Ans. (c) : Correct matching — Bell v. Lever Bros. Ltd. — Mistake as to title or rights Raffles v. Wichelhaus (1864) — Different subject-matters in mind Gustavus Couturier v. Robert Hastie — Mistake as to non-existent subject-matter Sheikh Bros. Ltd. v. Ochsner (1957) — Mistake as to substance, nature or quality or subject matter

2016Match the lists

Match List-I with List-II and select the correct answer using codes given below: List-I (Law relating to directors) A. Appointment of Additional Directors B. Removal of Directors by Shareholders. C. Special Statutory Protection for Directors against liability D. Exclusion of Liability not allowed to Directors List-II (Relevant Sections under Companies Act)

S. 284

S. 201

S.260

S. 633 Code:

  1. (a)A-1, B-3, C-4, D-2
  2. (b)A-3, B-1, C-4, D-2✓
  3. (c)A-3, B-1, C-2, D-4
  4. (d)A-4, B-2, C-1, D-3
Answer & explanation

Ans. (b) : Correct matching — Appointment of Additional Directors — Section 260/161 Removal of Directors by Shareholders — Section 284/169 Special Statutory Protection for Directors against liability — Section 633 Exclusion of Liability not allowed to Directors — Section 201

2017

In which one of the following cases doctrine of frustration was laid down?

  1. (a)BOI Finance Ltd. v. Custodian
  2. (b)Orissa Textile Mills ltd. v. Ganesh Das
  3. (c)Sachidananda patnaik v. G.P. & Co.
  4. (d)Taylor v. Coldwell✓
Answer & explanation

Ans. (d) : Taylor v. Coldwell Explanation: The doctrine of frustration of contract was laid down in Taylor v. Caldwell. Section 56 of the Indian Contract Act is related to this doctrine. According to it, an agreement to do an act impossible in itself is void, and a contract to do an act which later becomes impossible or becomes unlawful by reason of some event, is also void.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the code given below: Assertion (A): Compensation is recoverable for any loss or damage of which the parties knew at the time of the contract and unlikely to result from the breach of the contract. Reason (R): Because above rule is laid down in Hadley v. Baxendale case. Codes:

  1. (a)Both (A) and (R) are correct and (R) is correct reason for (A)✓
  2. (b)Both (A) and (R) are wrong
  3. (c)(A) is right, but (R) is wrong
  4. (d)(R) is right, but (A) is wrong
Answer & explanation

Ans. (a) : Both (A) and (R) are correct and (R) is correct reason for (A) Explanation: In the case of Hadley v. Baxendale, it was held that on the breach of a contract, the party in breach shall be responsible for those losses arising from the breach, which the parties knew at the time of making the contract that such loss was likely to result from the breach. Therefore, both (A) and (R) are correct and (R) is the correct explanation of (A).

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer by using code given below: Assertion (A): An agreement would be void if both the parties to the agreement were under a mistake as to a matter of fact no essential to the agreements. Reason (R): Because Section 20 of the Indian Contract Act so provides. Code:

  1. (a)(A) is correct, but (R) is incorrect
  2. (b)(A) is correct, but (R) is incorrect
  3. (c)Both (A) and (R) are correct
  4. (d)Both (A) and (R) are incorrect✓
Answer & explanation

Ans. (d) : Both (A) and (R) are incorrect Explanation: Section 20 of the Contract Act 1872 provides that where both parties to a contract are under a mistake as to a matter of fact essential to the agreement, the contract is void.

2017

In which of the following cases law of frustration was applied? Answer using code given below:

Paradine v. Jane

Taylor v. Caldwell

Krell v. Henry

Criklewood property and investment Trust Ltd. v. Leighton's investment Trust Ltd. Code:

  1. (a)1 only
  2. (b)1 and 2 only
  3. (c)1, 2 and 3 only
  4. (d)1, 2, 3 and 4✓
Answer & explanation

Ans. (d) : 1, 2, 3 and 4 Explanation: The doctrine of frustration is provided in Section 56 of the Contract Act. The following cases are related to this doctrine — 1. Paradine v. Jane, 2. Taylor v. Caldwell, 3. Krell v. Henry, 4. Cricklewood Property and Investment Trust Ltd. v. Leighton's Investment Trust Ltd.

2017

Which one of the following cases enshrine the present position of the doctrine of policy in India?

  1. (a)Ramchand Hirachand v. Askar Nawaz Jung
  2. (b)Gherulal Parekh v. Mahadeodas✓
  3. (c)Munlammal v. Raja
  4. (d)Geeta Satish Gokarna v. Satish Shankarrao Gokarna
Answer & explanation

Ans. (b) : Gherulal Parekh v. Mahadeodas Explanation: The present position of the doctrine of public policy in India has been established in the case of Gherulal Parekh v. Mahadeodas.

2017

The defence of 'non est factum' is available to the contracting party who has committed mistake as to the:

  1. (a)Identity of the other contracting party
  2. (b)Natural of contract✓
  3. (c)Quality of the subject matter of the contract
  4. (d)Quality of the promise made by the other party
Answer & explanation

Ans. (b) : Natural of contract Explanation: 'Non est factum' is a law by which one party to an agreement is allowed to escape from signing the agreement by showing that it is a mistake as to the nature of the agreement. That is, signing any agreement without knowing its nature, the mistake of fact is a good defence in law which is provided in Sections 20, 21, 22.

2017

Special damages will be awarded in case of a breach of contact:

  1. (a)Only when the contracting parties express the same specifically as the terms of the contract
  2. (b)Always in the special circumstances leading to the formation of the contract
  3. (c)Only when the court of law thinks fit in the special circumstances of the case
  4. (d)Only when the special circumstance causing loss of profit resulting from the breach of contract were brought to the notice of the party committing breach at the time of formation of the contract✓
Answer & explanation

Ans. (d) : Only when the special circumstance causing loss of profit resulting from the breach of contract were brought to the notice of the party committing breach at the time of formation of the contract Explanation: Special damages for breach of contract can be awarded only when the special circumstances causing loss of profit resulting from the breach of contract were brought to the notice of the party in breach at the time of formation of the contract (Hadley v. Baxendale). Under Section 73 of the Contract Act, compensation for breach of contract is determined. The general rule is that the compensation will depend on the direct acts of the defendant. The defendant will not be liable for infinite damages.

2017

A master asks his servant to sell his cycle to him at less than the market price. This contract can be avoided by the servants on the ground of:

  1. (a)Coercion
  2. (b)Fraud
  3. (c)Undue influence✓
  4. (d)Misrepresentation
Answer & explanation

Ans. (c) : Undue influence Explanation: In the present problem, the contract has been caused by undue influence. The definition of undue influence is given in Section 16 of the Indian Contract Act. According to Section 16, a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Therefore, the servant will have the right to make the contract voidable under Section 19-A of the Contract Act.

2017

'Non est factum' means, a document executed

  1. (a)Under undue influence
  2. (b)In ignorance✓
  3. (c)Outside India
  4. (d)Under undue influence
Answer & explanation

Ans. (b) : In ignorance Explanation: Non est factum means a contract signed without understanding the meaning of the contract (in ignorance). It is a defence in law.

2017

Hadley v. Baxendale is a leading case on:

  1. (a)Minor's agreement
  2. (b)Anticipatory breach
  3. (c)Breach of implied term
  4. (d)Remoteness of damages✓
Answer & explanation

Ans. (d) : Remoteness of damages Explanation: Hadley v. Baxendale is a leading case on remoteness of damages and is based on Section 73 of the Indian Contract Act. In this case, the 'doctrine of remoteness of damages' was laid down, which means the defendant shall not be liable for infinite damages that are not the direct consequence of his acts.

2019

Frustration of contract implies:

  1. (a)Legal impediment to materialize the contract
  2. (b)Commercial hardship
  3. (c)Financial constraint to materialise the contract
  4. (d)Physical impossibility due to disappearance of the subject matter of contract or object has failed to materialise✓
Answer & explanation

Ans. (d) : Physical impossibility due to disappearance of the subject matter of contract or object has failed to materialise Explanation: Frustration of contract means physical impossibility due to the disappearance of the subject matter of the contract or because the object has failed to materialise. Section 56 of the Indian Contract Act is related to this principle. According to it, an agreement to do an impossible act or a contract to do an act which later becomes impossible or unlawful is void. The case of Taylor v. Caldwell is related to this.

2020-2021

A party who suffers loss as a result of a breach of contract can in the usual course claim:

  1. (a)Ordinary damages✓
  2. (b)Special damages
  3. (c)Exemplary damages
  4. (d)Penal damages
Answer & explanation

Ans. (a) : Ordinary damages Explanation: A party who suffers loss due to breach of contract can ordinarily claim ordinary damages. Ordinary damages refer to compensation payable for loss naturally arising in the usual course of events from the breach. Sections 73–75 of the Indian Contract Act, 1872 provide for the right to receive compensation. Section 73 provides for ordinary damages — when a contract has been broken, the party who suffers by such breach is entitled to receive compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be the likely result of the breach. Special damages are awarded when the plaintiff alleges that special loss was foreseeable and known to the parties at the time of contracting. Nominal damages aim to recognise the rights of the parties and are not punitive in nature. Exemplary damages are awarded to set an example for others, and are payable in cases such as breach of promise of marriage and dishonour of a cheque despite sufficient funds.

2020-2021

Frustration of a contract occurs in two conditions. Firstly, where the contract has become physically impossible and secondly, where the object has failed. The above was laid down in the case of:

  1. (a)Krell vs Henry✓
  2. (b)Paradine vs Jane
  3. (c)Taylor vs Caldwell
  4. (d)Komal Rani vs Chandram
Answer & explanation

Ans. (a) : Krell vs Henry Explanation: In Krell v Henry (1903), the court held that a contract is frustrated in the following circumstances:

When performance of the contract becomes physically impossible;

2020-2021

When performance is physically possible but the object of the parties cannot be fulfilled. Taylor v Caldwell (1863) — the court held that when the subject matter of the contract is destroyed, the contract is discharged. Paradine v Jane (1647) — the first rule in English law was that events occurring after the formation of a contract cannot excuse a party from performance.

Which of the following are correct? A. The Doctrine of Privity of Consideration is applicable in India B. The Doctrine of Privity of Consideration is not applicable in India C. The Rule of Privity of Contract is applicable in India D. The Rule of Privity of Contract is not applicable in India Choose the correct answer from the options given below:

  1. (a)A and C only
  2. (b)B and D only
  3. (c)B and C only
  4. (d)C only
Answer & explanation

Ans. (*) : The doctrine of 'Privity of Contract' is a principle established by English courts. According to this doctrine, a person who is not a party to the contract cannot enforce the contract, even if it is made for his benefit. This doctrine applies in both India and England. Under this doctrine, a rule exists that a person who is a party to the contract but consideration was not given by him but by some other person on his behalf can enforce the contract. This rule applies in India but not in English law. Note: This question has been removed by NTA.

2021-2022Statements

Given below are two statements: Statement I: A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. Statement II: An agreement in restraint of trade is voidable. In light of the above statements, choose the correct answer from the options given below:

  1. (a)Both Statement I and Statement II are true
  2. (b)Both Statement I and Statement II are false
  3. (c)Statement I is true but Statement II is false✓
  4. (d)Statement I is false but Statement II is true
Answer & explanation

Ans. (c) : According to Section 2(j) of the Indian Contract Act, 1872, a contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. According to Section 27, an agreement in restraint of trade is void, not voidable.

2021-2022

In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract:

  1. (a)Can be taken into account
  2. (b)Cannot be taken into account
  3. (c)Must be taken into account✓
  4. (d)Must never be taken into account
Answer & explanation

Ans. (c) : In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account. The provision relating to compensation in case of breach of contract is given under Section 73 of the Contract Act, 1872.

2021-2022

Which of the following are correct? Fraud means and includes: A. The suggestion as a fact, of that which is not true, by one who does not believe it to be true. B. The passive concealment of a fact. C. A promise made without any intention of performing it. D. Any other act fitted to deceive. E. Any such thing which the law declares as misrepresentation. Choose the most appropriate answer from the options given below:

  1. (a)A, B, C and D only
  2. (b)A, B and E only
  3. (c)C, D and E only
  4. (d)A, C and D only✓
Answer & explanation

Ans. (d) : According to Section 17 of the Indian Contract Act, 1872, fraud means and includes: A. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true, B. The active concealment of a fact by one having knowledge or belief of the fact, C. A promise made without any intention of performing it, D. Any other act fitted to deceive, E. Any such act or omission as the law specially declares to be fraudulent.

Dec 2020/June 2021 · Q62

In which of the following cases the duties are not specifically enforced in respect of the act done?

(1) The liability of a borrower to repay a debt barred by statue of limitation

(2) The liability of a borrower to repay the money borrowed by him

(3) To refrain the wrong doer from publication when a libel has already been published

(4) To refrain the wrong doer to continue the commission of a nuisance

Choose the correct answer from the options given below

  1. (a)(1) and (2) only
  2. (b)(1) and (3) only✓
  3. (c)(2) and (3) only
  4. (d)(2) and (4) only
Answer & explanation

Answer: (b) (1) and (3) only

December 2024 · Q74Sequence / order

Arrange the following provisions related to 'void agreement in chronological order, as provided under the Indian Contract Act

(A) Agreement in restraint of marriage

(B) Agreement in restraint of legal proceedings

(C) Agreement in restraint of trade

(D) Agreement without consideration

(E) Agreement which is ambiguous and uncertain

Choose the correct answer from the options given below

  1. (a)(D), (A), (C), (B), (E)✓
  2. (b)(C), (A), (B), (E), (D)
  3. (c)(B), (A), (D), (C), (E)
  4. (d)(A), (C), (E), (D), (B)
Answer & explanation

Answer: (a) (D), (A), (C), (B), (E)

December 2024 · Q109Sequence / order

Which of the following are consequences of Breach of Contract?

(A) Damages in ordinary course

(B) Remote damages and ordinary damages

(C) If stipulation by way of penalty is given in contract, then penalty is a consequence

(D) In quantifying damages, the inconvenience of non performance has to be considered

Choose the correct answer from the options given below

  1. (a)(A), (B), (C) Only
  2. (b)(A), (C), (D) Only✓
  3. (c)(D), (B), (C) Only
  4. (d)(B), (C), (D) Only
Answer & explanation

Answer: (b) (A), (C), (D) Only

December 2024 · Q113

What is the meaning of the following maxim?

"Ex turpi causa non oritur actio"

  1. (a)From an immoral cause no action arises✓
  2. (b)From an immoral cause an action arises
  3. (c)From a moral cause an action arises
  4. (d)From a moral cause no action arises
Answer & explanation

Answer: (a) From an immoral cause no action arises

June 2025 · Q48Sequence / order

Arrange the following in the order in which they appear in the Indian Contract Act

A. Agreement by way of wager

B. Agreement in restraint of legal proceedings

C. Agreement in restraint of trade

D. Agreement in restraint of marriage

  1. (a)A, B, C, D
  2. (b)B, C, D, A
  3. (c)D, C, B, A✓
  4. (d)C, D, A, B
Answer & explanation

Answer: (c) D, C, B, A

Explanation: The order as per the Indian Contract Act:

1. Restraint of trade (Sec. 27)

2. Restraint of marriage (Sec. 26)

3. Wagering agreements (Sec. 30)

4. Restraint of legal proceedings (Sec. 28)

June 2026 · Q67

The legal maxim "In Pari Delicto" refers to

  1. (a)A mad man has no will
  2. (b)The crime carries the persons
  3. (c)In equal fault✓
  4. (d)An act done by me against my will
Answer & explanation

Answer: (c) In equal fault

Explanation: The full Latin legal maxim is In pari delicto potior est conditio defendentis, which translates to "where both parties are in equal fault, the position of the defendant is stronger." Under the law of contracts and torts:

• If two parties enter into an illegal or immoral agreement, or engage in a joint wrongful act, the court will not assist either party to enforce the contract or recover damages.

• When both parties are in equal fault (in pari delicto), the law leaves them exactly as it finds them, refusing judicial relief to a claimant who comes to court with "unclean hands."

June 2026 · Q135

As per the Section 30 of the Indian Contract Act, 1872, which of the following is not an essential elements of a contingent contract?

  1. (a)There must be a valid contract to do or not to do something
  2. (b)Such act or abstinence must depend on the happening or non-happening of the uncertain event
  3. (c)An Uncertain event non-necessarily collateral to the contract✓
  4. (d)The event should not be at the discretion of promisor
Answer & explanation

Answer: (c) An Uncertain event non-necessarily collateral to the contract

Explanation: A contingent contract is governed under Section 31 (not Section 30) of the Indian Contract Act, 1872. Section 31 defines a contingent contract as "a contract to do or not to do something, if some event, collateral to such contract, does or does not happen." Why Option (c) is NOT an essential element:

• It is mandatory that the uncertain event must be collateral (incidental/independent) to the contract. Stating that the event is "non-necessarily collateral" directly contradicts Section 31. Valid Essentials of a Contingent Contract:

1. Valid Contract: There must be an underlying contract to do or abstain from doing something (Option a).

2. Uncertain Future Event: Performance depends on whether an uncertain event happens or does not happen (Option b).

3. Collateral Event: The event must be collateral (independent of the core performance/consideration).

4. Beyond Promisor's Discretion: The event must not depend purely on the arbitrary will or discretion of the promisor (Option d).

Topic 3Standard form of contract and quasi-contract

6 questions · Open this topic on its own page

2013

No customer in a thousand ever read the conditions. If he had stopped to do, he would have missed the train or the boat. This observation was made by

  1. (a)Anson
  2. (b)Donaldson
  3. (c)Lord Denning✓
  4. (d)Pearson
Answer & explanation

Ans. (c) : According to Lord Denning, "No customer in a thousand ever read the conditions. If he had stopped to do so, he would have missed the train or the boat."

2019

A wife has an implied authority of the husband to buy articles of household necessity

  1. (a)if the wife is living with her husband in a domestic establishment of their own✓
  2. (b)if the wife is living separately
  3. (c)if the wife is living with her husband not in a domestic establishment
  4. (d)if the wife is provided a reasonable allowance by the husband for the purchase of household needs
Answer & explanation

Ans. (a) : if the wife is living with her husband in a domestic establishment of their own Explanation: Section 186 of the Indian Contract Act provides for the authority of an agent. According to it, if a wife is living with her husband in his own house, she has an implied authority on her husband to buy articles of household necessity. According to Section 187 of the Indian Contract Act, authority is said to be expressed when it is given by explicit words, whether oral or written, and implied when it is to be inferred from the circumstances of the case and from the ordinary course of dealing.

2019

In which of the following situations, the Quasi Contract Doctrine is not applied?

  1. (a)In disputes regarding payment for goods delivered or services rendered with a formal contract✓
  2. (b)Where no contract but fictional agreement arise
  3. (c)Where there is an unjust enrichment without a formal contract
  4. (d)Where there is a liability to pay gratuitous act
Answer & explanation

Ans. (a) : In disputes regarding payment for goods delivered or services rendered with a formal contract Explanation: Provisions related to Quasi Contract are given in Chapter 5 of the Contract Act. A quasi contract or constructive contract is created by law, whereas a formal contract is created by the acts of the parties. Therefore, the Quasi Contract doctrine is not applicable in disputes regarding payment for goods delivered or services rendered with a formal contract.

December 2023 · Q86

The term "Contra Prolerentem" means

  1. (a)Contradictory contract
  2. (b)Standard form contract are to be interpreted legally
  3. (c)Limited construction
  4. (d)Ambiguity is to be resolved against the party who inserted limiting term✓
Answer & explanation

Answer: (d) Ambiguity is to be resolved against the party who inserted limiting term

June 2025 · Q40Statements

Which of the following statements are correct in the context of standard form contracts?

A. Notice should not be contemporaneous with the consent

B. There should be a reasonable notice of the contractual terms

C. There should be no misrepresentation

D. The parties are not bound if the terms are contained in a contractual document

E. The contract with standard terms may be drafted by one party and on the same terms contracts may be made with numerous persons

  1. (a)B, C, E only✓
  2. (b)A, B, C only
  3. (c)B, C, D only
  4. (d)A, D, C only
Answer & explanation

Answer: (a) B, C, E only

Explanation: Standard form contracts are valid when terms are clear, reasonably notified, and non-misleading. A, D are incorrect interpretations.

31 Dec 2025 (Shift 1) · Q105

In the context of Standard Form Contracts, which Rule will apply if there is any doubt as to the meaning and scope of excluding or limiting terms and to resolve the ambiguity against the party who has inserted it?

  1. (a)Purposive Interpretation Rule
  2. (b)Removal Simpliciter Rule
  3. (c)Contra Proferentem Rule✓
  4. (d)Escalation Clauses Rule
Answer & explanation

Answer: (c) Contra Proferentem Rule

Topic 4Specific contracts - Bailment, pledge, indemnity, guarantee and agency

14 questions · Open this topic on its own page

2012

An undisclosed principal cannot intervene when he knows that the other party would have dealt with him

An undisclosed principal can intervene when he knows that the other party would not have dealt with him

  1. (a)1 and 2 are correct
  2. (b)2 and 3 are correct✓
  3. (c)3 and 4 are correct
  4. (d)4 and 1 are correct
Answer & explanation

Ans. (b) : (1) An undisclosed principal cannot intervene against express terms. (2) An undisclosed principal cannot intervene when he knows that the other party would not deal with him.

2013Match the lists

Match items from Table-A with item in Table-B, using codes given below: Table-A: A. Lakshmi Ratan Cotton Mills v. J.K. Jute Mills Co., AIR 1957 All 311 B. Automatic Self-cleansing Filter Syndicate Co.Ltd. v. Cuningham, (1906) 2 Ch. 34 C. G. Ramesh v. ROC, (2007) 135 Comp Cas 655 D. City Equitable Fire Insurance Company, Re, (1924) AH E Rep 485 Table-B:

Director's duty of care, diligence and skill related to Directors' duty

Statutory protection to Directors against liability

Powers of Directors

Scope of authority of Directors Codes:

  1. (a)A-4, B-3, C-2, D-1✓
  2. (b)A-3, B-2, C-1, D-4
  3. (c)A-2, B-1, C-4, D-3
  4. (d)A-1, B-4, C-3, D-2
Answer & explanation

Ans. (a) : The correct matching is — A. Lakshmi Ratan Cotton Mills v. J.K. Jute Mills Co., AIR 1957 All 311 — Scope of authority of Directors B. Automatic Self-cleansing Filter Syndicate Co. Ltd. v. Cuningham (1906) — Powers of Directors C. G. Ramesh v. ROC (2007) — Protection of Directors against liability D. City Equitable Fire Insurance Company, Re (1924) — Director's duty of care, diligence and skill

2020-2021Match the lists

Match List I with List II (Indian Contract Act, 1872): List-I (A) Section 162 of the Indian Contract Act, 1872 (B) Section 178 of the Indian Contract Act, 1872 (C) Section 214 of the Indian Contract Act, 1872 (D) Section 150 of the Indian Contract Act, 1872 List-II (I) Pledge by Mercantile Agent (II) Bailor's duty to disclose faults in goods bailed (III) Termination of gratuitous bailment by death (IV) Agent's duty to communicate with principal Choose the correct answer from the options given below:

  1. (a)(A)-(I), (B)-(IV), (C)-(III), (D)-(II)
  2. (b)(A)-(II), (B)-(I), (C)-(IV), (D)-(III)
  3. (c)(A)-(IV), (B)-(II), (C)-(I), (D)-(III)
  4. (d)(A)-(III), (B)-(I), (C)-(IV), (D)-(II)✓
Answer & explanation

Ans. (d) : The correct matching under the Indian Contract Act, 1872: (A) Section 162 — Termination of gratuitous bailment by death (B) Section 178 — Pledge by Mercantile Agent (C) Section 214 — Agent's duty to communicate with principal (D) Section 150 — Bailor's duty to disclose faults in goods bailed

2020-2021

In a contract of Guarantee under the Indian Contract Act, 1872 there are:

  1. (a)Two parties and two contracts
  2. (b)Three parties and three contracts✓
  3. (c)Three parties and one contract
  4. (d)Two parties and one contract
Answer & explanation

Ans. (b) : Section 126 of the Indian Contract Act, 1872 defines a contract of guarantee. A contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the "Surety"; the person in respect of whose default the guarantee is given is called the "Principal Debtor"; and the person to whom the guarantee is given is called the "Creditor." Thus in a contract of guarantee there are three parties and three distinct contracts:

2020-2021Assertion–Reason

Between the creditor and the debtor,

Between the creditor and the surety,

Between the debtor and the surety.

Given below are two statements: One is labelled Assertion (A) and the other is labelled as Reason (R): Assertion A: Under the Companies Act of 2013, Central Government is authorized to implement a facility to file documents in electronic form. Reason R: Central Government is authorized to make rules to implement this facility and section 398, 401 and 402 have been incorporated in the Act of 2013. In the light of the above statements, choose the correct answer from the options given below:

  1. (a)Both A and R are true and R is the correct explanation of A✓
  2. (b)Both A and R are true and R is not the correct explanation of A
  3. (c)A is true but R is false
  4. (d)A is false but R is true
Answer & explanation

Ans. (a) : According to Section 398(1)(a) of the Companies Act, 2013, the Central Government may, from such date as may be prescribed by rules, require that such applications, balance sheets, prospectuses, memoranda, notices, subscription articles, or any other particulars or documents required to be filed or submitted under this Act or rules made thereunder, shall be filed electronically and authenticated in such manner as may be prescribed. Section 401 provides that the Central Government may provide value-added services through electronic means and collect such fees as may be prescribed. Section 402 provides that all provisions of the Information Technology Act, 2000 relating to electronic records shall apply, including such manner and provisions as are relevant to electronic filing.

2021-2022Statements

Given below are two statements: Statement I: A becomes surety to C for B's conduct as a manager in C's bank. Afterwards, B and C contract, without A's consent that B's salary shall be raised and that he shall become liable for one-fourth of the losses on overdrafts. B allows a customer to overdraw and the bank loses a sum of money. Statement II: A is liable to make good the loss as he is a surety to C for B's conduct. In light of the above statements, choose the most appropriate answer from the options given below:

  1. (a)Both Statement I and Statement II are correct
  2. (b)Both Statement I and Statement II are incorrect
  3. (c)Statement I is correct but Statement II is incorrect✓
  4. (d)Statement I is incorrect but Statement II is correct
Answer & explanation

Ans. (c) : According to illustration (a) of Section 133 of the Indian Contract Act, 1872, Statement I is correct but Statement II is incorrect. Section 133 provides that any variance made without the surety's consent in the terms of the contract between the principal debtor and the creditor discharges the surety as to transactions subsequent to the variance.

2021-2022

The sub-Agent is responsible for his acts to the Agent, but not to the Principal, except in case of:

  1. (a)Fraud
  2. (b)Fraud or misrepresentation
  3. (c)Fraud or wilful wrong✓
  4. (d)Principal himself undertaking the responsibility
Answer & explanation

Ans. (c) : According to Section 192 of the Indian Contract Act, 1872, a sub-agent is responsible for his acts to the agent, but in case of fraud or wilful wrong, he is responsible to the principal.

2021-2022

Which of the following are correct in case of a contract of bailment? A. The person who delivers the goods is called the bailee. B. If the bailee does any act which is inconsistent with the conditions of bailment, the contract is void. C. A gratuitous bailment is terminated by death either of the bailor or of the bailee. D. The bailee is bound to take care of the goods bailed. E. Bailee has no general lien. Choose the correct answer from the options given below:

  1. (a)A, B and C only
  2. (b)D and E only
  3. (c)B and C only
  4. (d)C and D only✓
Answer & explanation

Ans. (d) : Section 151 of the Indian Contract Act, 1872 provides that in all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed. Section 170 provides for the particular lien of the bailee, not a general lien.

Dec 2021/June 2022 · Q89

Which one of the following is NOT one of the modes of termination of agency?

  1. (a)Insolvency of principal
  2. (b)Principal or agent's death
  3. (c)General Lien✓
  4. (d)Revocation
Answer & explanation

Answer: (c) General Lien

June 2023 · Q25

The 'bailment of the goods,' as security for payment of a debt or performance of a promise, is called

  1. (a)Indemnity
  2. (b)Guarantee
  3. (c)Mortgage
  4. (d)Pledge✓
Answer & explanation

Answer: (d) Pledge

December 2023 · Q59

"Consideration is not necessary for creation of Agency" This is provided in

  1. (a)Section 185 of the Indian Contract Act, 1872✓
  2. (b)Section 4 of the Partnership Act, 1932
  3. (c)Section 4 of the Indian Agency Act, 1950
  4. (d)Section 2 of the Companies Act, 2013
Answer & explanation

Answer: (a) Section 185 of the Indian Contract Act, 1872

June 2025 · Q70

What are the duties of a bailee under the Indian Contract Act?

A. Duty to take reasonable care of the goods bailed

B. Duty not to make unauthorized use of the goods

C. Duty not to mix bailor's goods with his own goods

D. Duty to return the goods on fulfilment of the purpose

E. Duty not to deliver to the bailor increase or profit on the goods bailed

Choose the correct answer from the options given below

  1. (a)B, C, D, E only
  2. (b)C, D, E, A only
  3. (c)D, E, B, A only
  4. (d)A, B, C, D only✓
Answer & explanation

Answer: (d) A, B, C, D only

Explanation: The bailee is legally bound to care for goods, avoid misuse, not mix goods, and return them after purpose is fulfilled.

31 Dec 2025 (Shift 1) · Q113Sequence / order

Arrange the following concepts as per their order of appearance in the Indian Contract Act, 1872

A. Continuing guarantee

B. Care to be taken by bailee

C. Compensation for loss or damage caused by breach of contract

D. Claims for necessaries supplied to person incapable of contracting

Choose the correct answer from the options given below

  1. (a)D, B, C, A
  2. (b)D, C, A, B✓
  3. (c)C, D, B, A
  4. (d)B, A, C, D
Answer & explanation

Answer: (b) D, C, A, B

June 2026 · Q102Match the lists

Match List I with List II LIST I (Concept) LIST II (Provisions)

A. ‘Agent’ and ‘Principal’ I. Section 148 of the Indian Contract Act, 1872

B. ‘Bailment’ II. Section 124 of the Indian Contract Act, 1872

C. Contract of Indemnity III. Section 126 of the Indian Contract Act, 1872

D. Contract of Guarantee IV. Section 182 of the Indian Contract Act, 1872

Choose the correct answer from the options given below

  1. (a)A-IV, B-I, C-II, D-III✓
  2. (b)A-II, B-I, C-IV, D-III
  3. (c)A-III, B-IV, C-II, D-I
  4. (d)A-I, B-III, C-IV, D-II
Answer & explanation

Answer: (a) A-IV, B-I, C-II, D-III

Explanation: Matching each legal concept under the Indian Contract Act, 1872 from List I to its corresponding statutory section in List II:

• A. 'Agent' and 'Principal' IV. Section 182 of the Indian Contract Act, 1872:

Section 182 defines an Agent as a person employed to do any act for another, or to represent another in dealings with third persons, and the Principal as the person for whom such act is done, or who is so represented.

• B. 'Bailment' I. Section 148 of the Indian Contract Act, 1872:

Section 148 defines Bailment as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.

• C. Contract of Indemnity II. Section 124 of the Indian Contract Act, 1872:

Section 124 defines a Contract of Indemnity as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

• D. Contract of Guarantee III. Section 126 of the Indian Contract Act, 1872:

Section 126 defines a Contract of Guarantee as a contract to perform the promise, or discharge the liability, of a third person in case of his default.

Topic 5Sale of Goods Act, 1930

24 questions · Open this topic on its own page

2013Statements

"Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell." Read above statement and find correct answer, using codes given below:

  1. (a)Contract of sale is conditional
  2. (b)Contract of agreement to sell is conditional✓
  3. (c)There is no difference between sale and agreement to sell, as both are contracts
  4. (d)Sale is a contract, agreement to sell is not a contract
Answer & explanation

Ans. (b) : According to subsection 3 of Section 4 of the Sale of Goods Act, where the transfer of property in goods takes place at a future time or subject to some condition, such contract is called agreement to sell. Thus the contract of agreement to sell is conditional. A contract of sale becomes a sale when that time passes or the conditions are fulfilled under which the property in the goods is to transfer.

2013

Find correct answer, using codes given below:

Bulk shall correspond with sample, is an implied condition.

Buyer shall have a reasonable opportunity of comparing bulk with sample, is an implied condition.

Goods should be free from any defect rendering them unmerchantable, is an implied condition.

There is an implied condition that the buyer shall have and enjoy possession of the goods. Codes:

  1. (a)1 only is correct
  2. (b)1 and 2 only are correct
  3. (c)1, 2 and 3 only are correct✓
  4. (d)All of above are correct
Answer & explanation

Ans. (c) : Section 17 of the Sale of Goods Act 1930 relates to sale by sample. Section 17(2) provides that in a contract of sale by sample, the following implied conditions exist — (1) The bulk shall correspond with the sample in quality. (2) The buyer shall have a reasonable opportunity of comparing the bulk with the sample. (3) The goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.

2014

Which are essentials of a contract of sale of goods? Answer using codes given below:

Offer

Acceptance of offer

Exchange of goods for money

Transfer of property in goods from seller to buyer Codes:

  1. (a)only i and ii
  2. (b)only iii and iv
  3. (c)Only ii and iii
  4. (d)i, ii, iii and iv✓
Answer & explanation

Ans. (d) : i, ii, iii and iv Explanation: According to Section 4 of the Sale of Goods Act 1930, the following are essential elements of a contract of sale — (1) Offer, (2) Acceptance of offer, (3) Exchange of goods for money, (4) Transfer of property in goods from seller to buyer.

2014Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the codes below: Assertion (A): Where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects to pay for the goods according to the terms of the contract, the buyer may sue the seller for the price of the goods. Reason (R): The seller is entitled to get the contractual price. Codes:

  1. (a)Both (A) and (R) are correct, and (R) is correct reason for (A)
  2. (b)Both (A) and (R) are wrong
  3. (c)(A) is wrong, but (R) is right✓
  4. (d)(R) is wrong, but (A) is right
Answer & explanation

Ans. (c) : (A) is wrong, but (R) is right Explanation: Under the Sale of Goods Act 1930, where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully refuses to pay for the goods according to the terms of the contract, the buyer refuses to pay the price of the goods and the seller cannot sue the buyer for the price of the goods — rather the seller is entitled to the contractual price.

2014Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I A. Intention of parties to pass property in goods B. Ascertainment of intention to pass property in goods C. Property of goods D. Specific goods in deliverable state List-II

Ghasiram v. State

Badriprasad v. State of Madhya Pradesh

United Breweries Ltd. v. State of Andhra Pradesh

Usha Beltron Ltd v. State of Punjab Code:

  1. (a)A-2, B-4, C-1, D-3
  2. (b)A-3, B-1, C-2, D-4
  3. (c)A-1, B-3, C-4, D-2
  4. (d)A-3, B-1, C-4, D-2✓
Answer & explanation

Ans. (d) : Correct matching is —

2014Statements

Intention to pass property in goods — United Breweries Ltd. v. Andhra Pradesh

Ascertainment of intention to pass property — Ghasiram v. State

Property of goods — Usha Beltron Ltd v. State of Punjab

Specific goods in deliverable state — Badriprasad v. Madhya Pradesh State

Which one statement is correct from the following statements?

  1. (a)If the contract is inconsistent with the public documents, the person contracting will not be prejudiced by irregularities that may be set the outdoor working of the company
  2. (b)If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may be set the indoor working of the company✓
  3. (c)The doctrine of indoor management seeks to protect the company against the outside
  4. (d)The doctrine of ultra vires seeks to protect the outsider against internal irregularities of the company
Answer & explanation

Ans. (b) : If the contract is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may be set the indoor working of the company Explanation: If the agreement is consistent with the public documents, the person contracting will not be prejudiced by irregularities that may affect the internal working of the company. The doctrine of indoor management protects the outsider from acts or decisions done by the company. The doctrine of ultra vires protects the company's shareholders and creditors against the internal irregularities of the company.

2015

Which are essentials of sale of goods? Answer using codes given below:

Contractual capacity

Bilateral contract

Profit for seller

Mutual and free consent of parties to the contract of sale of goods Codes:

  1. (a)1, 2, 3
  2. (b)1, 2, 3✓
  3. (c)2, 3, 4
  4. (d)1, 3, 4
Answer & explanation

Ans. (b) : 1, 2, 3 Explanation: According to the Sale of Goods Act 1930, the following are essential elements of sale of goods — 1. Contractual capacity, 2. Bilateral contract, 3. Profit for seller.

2015Match the lists

Match List-I with List-II and select the correct answer using the code given below: List-I A. Installment Supply Ltd. v. STO B. Gardiner v. Gray C. Peter Darlington Partners Ltd. v. Gesho Co. Ltd. D. Farquharson Bros v. King and Co. List-II

Conditions applied by trade usage

Nemo dat quod non habet

Sale by description

Difference between sale and agreement to sale Code:

  1. (a)A-3, B-4, C-2, D-1
  2. (b)A-3, B-4, C-1, D-2
  3. (c)A-4, B-3, C-1, D-2✓
  4. (d)A-4, B-3, C-2, D-1
Answer & explanation

Ans. (c) : Correct matching — Installment Supply Ltd. v. STO — Difference between sale and agreement to sale Gardiner v. Gray — Sale by description (Section 15) Peter Darlington Partners Ltd. v. Gesho Co. Ltd. — Conditions applied by trade usage Farquharson Bros v. King and Co. — Nemo dat quod non habet (Section 27)

2016Match the lists

Match List-I with List-II and select the correct answer using codes given below: List-I A. Goods in sale of goods B. Consideration for a sale of goods C. Sale and agreement to sale D. Difference between contract of sale and contract of agency List-II

Bhopal Sugar Industries Ltd. v. STO

Instalment Supply Ltd. v. STO

R.D. Goyal v. Reliance Industries Ltd.

Aldridge v. Johnson Code:

  1. (a)A-3, B-4, C-2, D-1✓
  2. (b)A-4, B-3, C-2, D-1
  3. (c)A-3, B-4, C-1, D-2
  4. (d)A-2, B-1, C-4, D-3
Answer & explanation

Ans. (a) : Correct matching is — (a) Goods in sale of goods — R.D. Goyal v. Reliance Industries Ltd. (2002) (b) Consideration for sale of goods — Aldridge v. Johnson (1975) (c) Sale and agreement to sale — Instalment Supply Ltd. v. STO (1974) (d) Difference between contract of sale and contract of agency — Bhopal Sugar Industries Ltd. v. STO (1977)

Which of the following partnerships are legal? Answer using the codes given below:

Twelve members forming a banking firm

2016Match the lists

Match list-I with List-II and select the correct answer using the codes given below: List-I A. Buyer purchasing on the basis of description B. Packing as description C. Reliance on description to be in contemplation of parties. D. Correspondence with description. List-II

Arcos v. Ronnason & Son

Varley v. Whipp

Moore and Co. v. Landauer & Co.

Leaf v. International Gallries Code:

  1. (a)A-3, B-2, C-4, D-1
  2. (b)A-2, B-3, C-4, D-1✓
  3. (c)A-2, B-3, C-1, D-4
  4. (d)A-4, B-1, C-3, D-2
Answer & explanation

Ans. (b) : Correct matching — Arcos v. Ronnason & Son (1933) — Correspondence with description Varley v. Whipp (1900) — Buyer purchasing on the basis of description Moore & Company v. Landauer & Co. (1921) — Packing as description Leaf v. International Galleries (1950) — Reliance on description to be in contemplation of parties

2017Statements

Which of the following statement is correct according to section 2(9) of the Sale of Goods Act? "Mercantile Agent" means a mercantile agent

  1. (a)having in the usual course of business as such seller authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to distribute money for security of goods
  2. (b)having in the customary business as such agent power either to sell goods, or to mortgage goods for purpose of sale
  3. (c)having in the customary course of business as such agent authority to sell goods✓
  4. (d)having in the normal course of business as such agent authority to confine goods or to raise goods for purpose of the security of money
Answer & explanation

Ans. (c) : having in the customary course of business as such agent authority to sell goods Explanation: Under Section 2(9) of the Sale of Goods Act, 1930, 'mercantile agent' means an agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods.

2017Statements

Which of the following statements are correct. Answer using the codes given below:

Ascertainment of goods for sale is done by buyer

Appropriation of goods for sale is done by seller

Distinction between ascertainment of goods and appropriation of goods that former involves "the element of common intention between buyer and seller", whereas latter can be a unilateral act by buyer

Property in goods does not pass to buyer till appropriation Codes:

  1. (a)only 1, 3 and 4 are correct
  2. (b)only 2 is correct
  3. (c)only 4 is correct✓
  4. (d)only 3 is correct
Answer & explanation

Ans. (c) : only 4 is correct Explanation: According to Section 18 of the Sale of Goods Act 1930, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Property in goods does not pass to the buyer until appropriation. Ascertainment of goods for sale is done by the seller.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the codes given below: Assertion (A): "Goods" means every kind of movable property including actionable claims and money and excludes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. Reason (R): Above principle is laid down in Section 2(7) of the Sale of Goods Act. Code:

  1. (a)Both (A) and (R) are right
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is wrong but (R) is right
  4. (d)(A) is right but (R) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: According to Section 2(7) of the Sale of Goods Act, goods means every kind of movable property other than actionable claims and money, and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

2019

Which of the following is incorrect regarding meaning of 'Merchantable quality of goods'?

  1. (a)the goods are free from patent defects✓
  2. (b)the goods are free from latent defects
  3. (c)the goods can be used for the purpose for which they are bought
  4. (d)that the goods are marketable at their full value
Answer & explanation

Ans. (a) : the goods are free from patent defects Explanation: Section 16(2) of the Sale of Goods Act describes the merchantable quality of goods. The proviso under the above provision states that if the buyer examines the goods before buying, then those defects which ought to have been revealed by such examination (patent defects) are not included as an implied condition.

2019

Which one of the following cannot be treated as delivery under the Sale of Goods Act, 1930?

  1. (a)Doing anything which has the effect of putting goods in possession of legal representatives of seller✓
  2. (b)Doing anything which has the effect of putting goods in possession of any person authorised by the buyer
  3. (c)Doing anything which has the effect of putting goods in possession of the buyer
  4. (d)Doing anything which the parties agree to be treated as delivery
Answer & explanation

Ans. (a) : Doing anything which has the effect of putting goods in possession of legal representatives of seller Explanation: Section 33 of Chapter 4 of the Sale of Goods Act 1930 defines delivery. According to it, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf. Therefore, doing anything which has the effect of putting goods in the possession of the legal representatives of the seller shall not be considered delivery.

2020-2021

Under Section 5 of the Sale of Goods Act, 1930, a contract for sale of goods can be made: A. By writing and must be registered B. By word of mouth C. By partly in writing and partly word of mouth D. By writing or partly in writing and partly by word of mouth Choose the correct answer from the options given below:

  1. (a)A and C only
  2. (b)A and D only
  3. (c)A and B only
  4. (d)B and D only✓
Answer & explanation

Ans. (d) : According to Section 5(2) of the Sale of Goods Act, 1930, subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.

2020-2021

In case of unascertained goods, the property in goods passes:

  1. (a)When goods are ascertained✓
  2. (b)When the parties intend the property in goods to pass
  3. (c)As soon as the contract of sale is signed
  4. (d)After the payment of goods is received by the seller
Answer & explanation

Ans. (a) : According to Section 18 of the Sale of Goods Act, 1930, where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.

2021-2022

A car was sold on 'as is' basis and without any warranty or guarantee whatever. After 5 days of the contract, the engine of the car blew up. Discuss the liability of the seller.

  1. (a)He is liable for the damages due to the doctrine of fundamental breach of standard form of contract✓
  2. (b)The seller is not liable because the car was sold on 'as is' basis and without any warranty or guarantee
  3. (c)The buyer should take care if he buys a second-hand car
  4. (d)Under standard form contract, in this case, contributory negligence is applicable
Answer & explanation

Ans. (a) : In the present problem, the car was sold on the basis of a standard form contract without any warranty or guarantee. The engine of the car blowing up 5 days after the contract constitutes a fundamental breach of the standard form contract, and the seller is liable for damages. Standard form contract — A standard form contract is a type of contract where there is no room for negotiation. It is often a contract between parties with unequal bargaining power.

2021-2022

In which of the following cases, it was held that a 'contract to take and supply photographs' is a 'contract of sale of goods'?

  1. (a)Love V/s Norman Wright (Builders) Ltd. (1944)
  2. (b)Newman V/s Lipman (1951)✓
  3. (c)Lee V/s Griffin (1861)
  4. (d)Robinson V/s Graves (1935)
Answer & explanation

Ans. (b) : In Newman v. Lipman (1951), it was held that a contract to take and supply photographs is a contract of sale of goods.

2021-2022

In the Sale of Goods Act, 1930, "fault" means:

  1. (a)Wrongful gain or wrongful loss
  2. (b)Wrongful act
  3. (c)Wrongful act or default✓
  4. (d)Negligent and wrongful act
Answer & explanation

Ans. (c) : According to Section 2(S) of the Sale of Goods Act, 1930, "fault" means wrongful act or default.

2021-2022Match the lists

Match List-I with List-II: List-I A. Specific goods in a deliverable state B. Auction sale C. Remedy for breach of warranty D. Sale by one joint owners List-II I. Section 64, Sale of Goods Act, 1930 II. Section 28, Sale of Goods Act, 1930 III. Section 20, Sale of Goods Act, 1930 IV. Section 59, Sale of Goods Act, 1930

  1. (a)A-II, B-III, C-I, D-IV
  2. (b)A-IV, B-II, C-III, D-I
  3. (c)A-I, B-III, C-II, D-IV
  4. (d)A-III, B-I, C-IV, D-II✓
Answer & explanation

Ans. (d) : Correct matching: A. Specific goods in a deliverable state — Section 20, Sale of Goods Act, 1930 B. Auction sale — Section 64, Sale of Goods Act, 1930 C. Remedy for breach of warranty — Section 59, Sale of Goods Act, 1930 D. Sale by one joint owners — Section 28, Sale of Goods Act, 1930

December 2024 · Q91

"Implied conditions as to quality or fitness of goods" is given under which section of the Sale of Goods Act, 1930 ?

  1. (a)Section 14
  2. (b)Section 15
  3. (c)Section 16✓
  4. (d)Section 17
Answer & explanation

Answer: (c) Section 16

31 Dec 2025 (Shift 1) · Q79

Which of the following right is not available under the Sale of Goods Act, 1930 to the Unpaid Seller notwithstanding that the property in the goods may have passed to the buyer?

  1. (a)A lien on the goods for the price while he is in possession of them
  2. (b)In case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them
  3. (c)A right of re-sale as limited by the Act
  4. (d)A right of withholding delivery✓
Answer & explanation

Answer: (d) A right of withholding delivery

June 2026 · Q109

'A' purchase a horse from 'B'. 'A' needs the horse for riding but he does not mention this to 'B'. The horse is not suitable for riding but is suitable only for being driven in a carriage. 'A' can

A. 'A' can return the horse under implied conditions as to quality or purpose under Section 16 of the sale of Goods Act

B. 'A' can neither reject the horse nor can he claim any compensation from B

C. The situation is covered under the rule contained in the maxim caveat emptor

D. The situation is covered under exception mentioned under 16(1) dealing with implied conditions of the fitness of the goods for any particular purpose

Choose the correct answer from the options given below

  1. (a)A and B only
  2. (b)B and C only✓
  3. (c)A and C only
  4. (d)A and D only
Answer & explanation

Answer: (b) B and C only

Explanation: Under the Sale of Goods Act, 1930, this scenario illustrates the fundamental rule of Caveat Emptor ("Let the buyer beware") enshrined in Section 16:

• General Rule (Caveat Emptor): Section 16 provides that there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale. The buyer must exercise their own judgment and care to ensure the goods suit their purpose.

• Exception under Section 16(1): For an implied condition as to fitness to apply, the buyer must expressly or impliedly make known to the seller the particular purpose for which the goods are required, relying on the seller's skill or judgment. Because 'A' did not inform 'B' that he needed the horse specifically for riding, the case falls strictly under the general rule of caveat emptor rather than the exception:

• Statement A is INCORRECT: 'A' cannot return the horse under implied conditions because he failed to communicate the specific purpose to the seller.

• Statement B is CORRECT: Since 'A' did not specify his requirement, 'A' can neither reject the horse nor claim any damages/compensation from 'B'.

• Statement C is CORRECT: The situation is directly governed by the legal maxim caveat emptor.

• Statement D is INCORRECT: The exception under Section 16(1) does not apply because 'A' did not disclose his intended purpose to 'B'.

Topic 6Partnership and limited liability partnership

33 questions · Open this topic on its own page

2012

Partnership is based on

  1. (a)Mutual trust
  2. (b)Mutual benefit
  3. (c)Mutual interest
  4. (d)Mutual agency✓
Answer & explanation

Ans. (d) : Partnership arises from a contract. Mutual agency exists among partners. All partners, in relation to the partnership business, are agents of each other as well as principals simultaneously.

Which statements are correct?

An undisclosed principal can intervene against express terms

An undisclosed principal cannot intervene against express terms

2012Statements

Which statements are correct?

Partner has a duty of good faith

Partner has duty not to compete

Partner has duty of due diligence

Partner has duty to indemnify for fraud Codes:

  1. (a)Only 1 is correct
  2. (b)Only 1 and 2 are correct
  3. (c)Only 1, 2 and 3 are correct
  4. (d)1, 2, 3 and 4 are correct✓
Answer & explanation

Ans. (d) : General duties of partners — Section 9: (i) Carry on business for the greatest common advantage (ii) Be just and faithful to each other (iii) Keep the firm's correct accounts and render true information to partners. Section 11(2): A partner shall not carry on a business similar to that of the firm.

2012Match the lists

Read the following passage and match the column. No suit to enforce a right arising from a contract shall be initiated in any court by any person suing as a partner in a non-registered firm. Registration of firms is not compulsory. There is no penalty for non registration. An unregistered firm cannot sue any third person for the enforcement of any right arising from contract. Column-P: A. Registration B. Non Registration C. Partner of a registered firm D. Partner of a non-registered firm Column-Q:

No penalty

Optional

Unenforceability of his rights

Can sue Codes:

  1. (a)A-1, B-2, C-3, D-4
  2. (b)A-2, B-1, C-4, D-3✓
  3. (c)A-2, B-1, C-3, D-4
  4. (d)A-1, B-3, C-2, D-4
Answer & explanation

Ans. (b) : (i) Registration — Optional, i.e. registration of a partnership firm is not compulsory. The only benefit of registration is that it can be used as evidence. (ii) Non Registration — No penalty. There is no effect of non-registration of the firm. (iii) Partner of a registered firm — Can file a suit. (iv) Partner of a non-registered firm — Cannot enforce his rights.

2012Statements

Which statements are correct?

Partners have right to profit

Partners have right to attend general meeting

Partners have right to interest

Partners have right to appoint proxy Codes:

  1. (a)1 and 2 are correct
  2. (b)2 and 3 are correct
  3. (c)3 and 4 are correct
  4. (d)1 and 3 are correct✓
Answer & explanation

Ans. (d) : A partner has the right to profit. He is also entitled to receive interest. Hence statements one and three are correct while the remaining two statements are incorrect.

2013

Essential feature of a partnership is

Agreement

Object to carry on a business

To share profits

Business is to be carried by all or any of them acting for all Codes:

  1. (a)Only 1 is correct
  2. (b)Only 1 and 2 are correct
  3. (c)Only 1, 2 and 3 are correct
  4. (d)All of above are correct✓
Answer & explanation

Ans. (d) : According to Section 4 of Chapter 2 of the Indian Partnership Act 1932, partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.

2013

Registration of a firm is

  1. (a)Mandatory
  2. (b)Not compulsory✓
  3. (c)Desirable
  4. (d)Of no use
Answer & explanation

Ans. (b) : According to Section 69 of the Indian Partnership Act, registration of a firm is not compulsory, but if it is not registered, the rights arising under this Act cannot be enforced. As an exception, it can be enforced for dissolution of the firm, its accounts, etc.

2013Match the lists

Match an item in List-I with an item in List-II using codes given below: List-I (In case of partnership): A. Duty to account for personal profits B. Duty not to compete C. Duty of good faith D. Right to take part in business List-II (Case):

Pulin v. Mahendra, (1921) 34 Cal LJ 405

Suresh Kumar v. Amrit Kumar, AIR 1982 Del 131

Gardner v. Mc Cutcheon, 4 Beav. 534 (1842)

Helmore v. Smith, (1886) 35 Ch D. 436 Codes:

  1. (a)A-4, B-2, C-1, D-3
  2. (b)A-3, B-1, C-2, D-4
  3. (c)A-1, B-3, C-4, D-2
  4. (d)A-3, B-1, C-4, D-2✓
Answer & explanation

Ans. (d) : A. Duty to account for personal profits — Gardner v. Mc Cutcheon (1842) B. Duty not to compete — Pulin v. Mahendra (1921) C. Duty of good faith — Helmore v. Smith, 1986 D. Right to take part in business — Suresh Kumar v. Amrit Kumar

2013Match the lists

Match items in table A with items in table B, using codes given below: Table A: A. Essentials of partnership B. Partnership at will C. Effect of non-registration of firm D. Compulsory dissolution of firm Table B:

Section 41

Section 4

Section 7

Section 69 Code:

  1. (a)A-1, B-2, C-4, D-3
  2. (b)A-2, B-3, C-4, D-1✓
  3. (c)A-3, B-4, C-1, D-2
  4. (d)A-1, B-2, C-3, D-4
Answer & explanation

Ans. (b) : A. Essentials of partnership — Section 4 (Partnership Act) B. Partnership at will — Section 7 C. Effect of non-registration of firm — Section 69 D. Compulsory dissolution of firm — Section 41

2014

Partnership is

  1. (a)Trust
  2. (b)Company
  3. (c)Mutual agency✓
  4. (d)Mutual fund
Answer & explanation

Ans. (c) : Mutual agency Explanation: Partnership is defined in Section 4 of the Indian Partnership Act, whose essential elements are — (1) Two or more persons, (2) There must be an agreement, (3) There must be a business, (4) The object of the business must be to earn profit and share it among themselves, (5) Running of business, (6) The business must be carried on by all or any of them acting for all, i.e., mutual agency must be present, as established in Cox v. Hickman (1860).

2014Assertion–Reason

Assertion (A): When something of valuable nature is acquired by a partner in breach of his duty in good faith, it is taken to be acquired for the benefit of all the partners and has to be accounted for to the firm. Reason (R): Partnership is a trust. Codes:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true (R) is not the correct explanation of (A)
  3. (c)(A) is true, but (R) is false✓
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (c) : (A) is true, but (R) is false Explanation: Section 16(a) of the Indian Partnership Act 1932 provides that personal profit earned by a partner from the firm's property shall be given to the firm. Accordingly, it is the duty of the partner that any profit earned by him — (1) from the firm's transactions, (2) from any property of the firm, (3) from business connections, or (4) earned using the firm's name or use — must be accounted for and given to the firm.

2014Match the lists

Match items in List-I with items in List-II using the codes given below: List-I A. Liability for misappropriation by a partner B. Liability of a partner for torts C. Liability of a partner for holding out D. Doctrine of implied authority of a partner List-II

Section 26

Section 27

Section 28

Sections 18 and 19 Codes:

  1. (a)A-3, B-4, C-1, D-2
  2. (b)A-2, B-1, C-4, D-3
  3. (c)A-1, B-2, C-3, D-4
  4. (d)A-2, B-1, C-3, D-4✓
Answer & explanation

Ans. (d) : (a) Liability for misappropriation by a partner — Section 27 (b) Liability of a partner for torts — Section 26 (c) Liability of a partner for holding out — Section 28 (d) Doctrine of implied authority of a partner — Section 19

2014

According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership may be decided by

  1. (a)the senior most partner
  2. (b)an arbitrator
  3. (c)a majority of partners✓
  4. (d)a judge
Answer & explanation

Ans. (c) : a majority of partners Explanation: According to Section 12 of the Partnership Act, any difference arising as to ordinary matters connected with the business of partnership shall be decided by a majority of partners.

2015Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): Every partner is an agent of the other partner. Reason (R): Partnership is agency. Codes:

  1. (a)Both (A) and (R) are wrong
  2. (b)(A) is right, but (R) is wrong
  3. (c)(A) is wrong, but (R) is right
  4. (d)Both (A) and (R) are right and (R) is correct reason for (A)✓
Answer & explanation

Ans. (d) : Both (A) and (R) are right and (R) is correct reason for (A) Explanation: Under Section 18 of the Indian Partnership Act 1932, every partner is an agent of the firm and his other partners. Since partnership is agency, both A and R are correct and R is the correct explanation of A.

2015

Which are essentials of a partnership? Answer using codes given below:

A contract of two or more competent persons

Agreement to share profits

Mutual agency

Lawful business Code:

  1. (a)Only 1, 2 and 3
  2. (b)Only 1, 2 and 4
  3. (c)Only 1, 3 and 4
  4. (d)1, 2, 3 and 4✓
Answer & explanation

Ans. (d) : 1, 2, 3 and 4 Explanation: Under Section 4 of the Partnership Act 1932, partnership is a relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Based on the above definition, the following are essential elements of partnership — (1) Contract of two or more competent persons, (2) Agreement to share profits, (3) Mutual agency, (4) Lawful business.

2016

A partnership to create a monopoly

Twenty members forming a firm for tea trade on a railway platform

Trustees carry on business of a firm in their own name Codes:

  1. (a)1, 2, 3 and 4
  2. (b)2, 3 and 4 only
  3. (c)2 and 3 only
  4. (d)3 and 4 only✓
Answer & explanation

Ans. (d) : 3 and 4 only Explanation: According to Section 4 of the Partnership Act, partnership is a relation between persons who have agreed to share the profits of a business. Therefore, for a banking firm, twenty members forming a partnership is valid. If a trustee firm carries on business in its own name and agrees to share profits with other partners, then it is a partnership firm.

2016

The chapter named Registration of firms in Partnership Act is applicable to Hindu Trading Families

Registration of firms is designed primarily to protect third parties and the absence of registration need not prevent disappearance of an unregistered or imperfectly registered firm Codes:

  1. (a)(1), (2), (3) and (4) are correct
  2. (b)Only (1), (2) and (3) are correct
  3. (c)Only (3) and (4) are correct
  4. (d)Only (4) is correct✓
Answer & explanation

Ans. (d) : Only (4) is correct Explanation: Section 69 of the Indian Partnership Act 1932 does not make registration mandatory, but registration is primarily designed to protect third parties. An unregistered firm's partner cannot sue as a partner. An unregistered firm cannot enforce its claims against third parties in the civil courts. An unregistered firm cannot file its own claims against third parties.

Who can be a partner in a firm? Answer using codes given below:

A trustee

Another firm

2016

A Hindu undivided family

Wakfs Codes:

  1. (a)(1), (2), (3) and (4)
  2. (b)Only (1), (3) and (4)
  3. (c)Only (1)✓
  4. (d)Only (3)
Answer & explanation

Ans. (c) : Only (1) Explanation: Out of the above four options, only a trustee firm can be a partner. Partnership relation arises from a contract and a contract requires the consent of two or more persons. Since a Hindu undivided family and a Wakf are not legal persons, they cannot be partners in a firm.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer by using codes below: Assertion (A): Salary drawn by a partner from the firm for his services rendered to it has been treated different from his right to get an additional amount in the form of salary as his share of the firm's profit. Reason (R): Because R.M. Chidambaram Pillai v. Commissioner of Income tax case laid down above principle. Codes:

  1. (a)Both (A) and (R) are correct and (R) is correct reason for (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right, but (R) is wrong
  4. (d)(R) is right, but (A) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: In the case of R.M. Chidambaram Pillai v. Commissioner of Income Tax 1970, it was held that a firm is not a legal person. A salary drawn by a partner from the firm for his services rendered to it has not been treated differently from his right to get an additional amount in the form of salary as his share of the firm's profit.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): Partner of an erstwhile unregistered partnership firm can bring a suit to enforce a right arising out of a contract falling within the ambit of section 69 of the Indian Partnership Act. Reason (R): Because Judgement in case of Loonkaran Sethia v. Ivon E. John laid down above judicial principle. Codes:

  1. (a)Both (A) and (R) are correct and (R) is correct reason for (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right, but (R) is wrong
  4. (d)(A) is wrong, but (R) is right
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: Section 69 clearly states that any partner of any firm can file a suit to enforce a right arising out of a contract falling under the ambit of this section only when the firm has been registered.

2017Match the lists

Match List-I with List-II and select the correct answer using the code given below: List-I A. Partnership not created by status B. Essentials of partnership C. Joint Hindu Family and partnership D. Partnership between outsiders and joint family List-II

CST v. K. Kelukutty

Kshetra Mohan v. Commr, of Excess Profit Tax

Rakesh Kumar Dinesh Kumar v. U.G. Hotels and Resorts Ltd.

Ganpat v. Annaji Code:

  1. (a)A-3, B-1, C-4, D-2✓
  2. (b)A-1, B-3, C-4, D-2
  3. (c)A-3, B-1, C-2, D-4
  4. (d)A-4, B-2, C-1, D-3
Answer & explanation

Ans. (a) : (A) Partnership not created by status — Rakesh Kumar, Dinesh Kumar v. U.G. Hotel and Resorts Ltd. (B) Essentials of partnership — C.S.T. v. K. Kelukutty (C) Joint Hindu Family and partnership — Ganpat v. Annaji (D) Partnership between outsiders and joint family — Kshetra Mohan v. Profit Commissioner of Excess Tax

2017Match the lists

Match List-I with List-II and select the correct answer using the code given below: List-I (Duties of partners) A. Duty of absolute good faith B. Duty not to compete and 13(f) C. Duty of due diligence D. Duty to indemnify for fraud List-II (Relevant section under the Indian Partnership Act)

Section 16(b)

Section 12(b)

Section 10

Section 9 Code:

  1. (a)A-1, B-4, C-2, D-3
  2. (b)A-4, B-1, C-2, D-3✓
  3. (c)A-4, B-1, C-3, D-2
  4. (d)A-2, B-3, C-1, D-4
Answer & explanation

Ans. (b) : (A) Duty of absolute good faith — Section 9 (B) Duty not to compete — Section 16(b) (C) Duty of due diligence — Section 12(b) (D) Duty to indemnify for fraud — Section 10

2019

In which section of the Partnership Act it is laid down that there can be a partnership in a single or particular business venture?

  1. (a)Section 8✓
  2. (b)Section 9
  3. (c)Section 10
  4. (d)Section 11
Answer & explanation

Ans. (a) : Section 8 Explanation: Section 8 of the Indian Partnership Act provides for particular partnership. By particular partnership is meant when partnership is established for a particular business or project. For this, it is not necessary that the business be permanent or continuous. Such a partnership generally terminates when the particular task is completed.

2019

Which one of the following is not within the scope of Implied Authority of a partner?

  1. (a)The act done for carrying on the business of the kind carried on by the firm
  2. (b)The act should be done in the usual way of business of the firm
  3. (c)The act of acquiring immovable property on behalf of the firm✓
  4. (d)The act must be done in the firm name or in any other manner expressing or implying an intention to bind the firm
Answer & explanation

Ans. (c) : The act of acquiring immovable property on behalf of the firm Explanation: Section 19 of the Indian Partnership Act 1932 relates to the implied authority of a partner as agent of the firm. The partner's authority to bind the firm granted by Section 19 is called implied authority. According to Section 19, sub-section (ch), the act of acquiring immovable property on behalf of the firm does not fall within the implied authority of a partner.

Which of the following is/are true about Bill of Exchange?

A Bill of Exchange, requires in its inception two parties

2020-2021

A company can convert into Limited Liability Partnership: (A) By complying to requirements of the third schedule of Limited Liability Partnership Act, 2008 (B) It can convert if there is no security interest in its assets subsisting at the time of application (C) Partners of Limited Liability Partnership are the erstwhile shareholders of the company and no one else (D) All the assets, interests, rights and privileges of the company are transferred to the firm Choose the correct answer from the options given below:

  1. (a)A only
  2. (b)B only
  3. (c)C only
  4. (d)A, B, C, D - All✓
Answer & explanation

Ans. (d) : Limited Liability Partnership (LLP) is seen as an alternative corporate business vehicle that provides the benefits of limited liability. Any firm, private company or any unlisted public company can convert itself into a Limited Liability Partnership. LLP is governed by the provisions of the Limited Liability Partnership Act, 2008.

2020-2021Sequence / order

Arrange the provisions of the Indian Partnership Act, 1932 in chronological order (section wise): (A) Partnership at will (B) Mode of determining the existence of the partnership (C) Property of a firm (D) Duties of a partner Choose the correct answer from the options given below:

  1. (a)B, A, D, C✓
  2. (b)C, B, A, D
  3. (c)A, C, B, D
  4. (d)D, A, B, C
Answer & explanation

Ans. (a) : The correct order of sections under the Indian Partnership Act, 1932 is: A. Mode of determining the existence of partnership — Section 6 B. Partnership at will — Section 7 C. General duties of partners — Section 9 D. Property of a firm — Section 14

2020-2021

Where the money received from a third party by the firm, in ordinary course of business, is misapplied by one of the partners to his own use, then:

  1. (a)Defaulting partner alone is liable for the same
  2. (b)Third party has no remedy
  3. (c)Firm is liable for the same✓
  4. (d)Firm is not liable for the same
Answer & explanation

Ans. (c) : According to Section 27 of the Indian Partnership Act, 1932, where — (a) a partner acting within his apparent authority receives money or property from a third party and misapplies it, or (b) a firm in the course of its business receives money or property from a third party, and any of the partners misapplies that money or property while it is in the custody of the firm, the firm is liable to make good the loss.

2021-2022

Every partner of a partnership firm is liable for all the acts of the firm done while he is a partner. This doctrine is called:

  1. (a)The doctrine of holding out✓
  2. (b)The doctrine of restitution
  3. (c)The doctrine of estoppel
  4. (d)The doctrine of proportionality
Answer & explanation

Ans. (a) : According to the Indian Partnership Act, 1932, every partner of a partnership firm is liable for all acts done by the firm only while he is a partner. This is called the doctrine of holding out. The doctrine of holding out is given under Section 28.

December 2023 · Q65

As per the Partnership Act, 1932 "Partnership" is defined under

  1. (a)Section 8
  2. (b)Section 7
  3. (c)Section 5
  4. (d)Section 4✓
Answer & explanation

Answer: (d) Section 4

June 2025 · Q26

Which provision of the Partnership Act explains the evidentiary value of entries in the Register of Firms?

  1. (a)Section 65
  2. (b)Section 66
  3. (c)Section 67
  4. (d)Section 68✓
Answer & explanation

Answer: (d) Section 68

Explanation: Section 68 of the Indian Partnership Act, 1932 discusses the evidentiary value of statements made in the Register of Firms, making them admissible in evidence.

31 Dec 2025 (Shift 1) · Q77Statements

Mark the incorrect statements about the circumstances in which Limited Liability Partnership (LLP) may be wound up by the tribunal

A. Where for a period of more than three months the number of partners is reduced to below two

B. If the LLP has acted against the interest of the sovereignty and integrity of India

C. If the LLP has made a default in filing with the Registrar the statement of account and solvency or Annual Return for any two consecutive financial years

D. If LLP is unable to pay its debts

Choose the correct answer from the options given below

  1. (a)B, D only
  2. (b)A, C only✓
  3. (c)C, D only
  4. (d)A, B only
Answer & explanation

Answer: (b) A, C only

31 Dec 2025 (Shift 1) · Q104

Which of the following is NOT correct about the nature of limited liability partnership?

  1. (a)It is a body corporate incorporated under the Act
  2. (b)It is a legal entity separate from its partners
  3. (c)It enjoys the benefit of perpetual succession
  4. (d)It follows the principle of unlimited liability✓
Answer & explanation

Answer: (d) It follows the principle of unlimited liability

31 Dec 2025 (Shift 1) · Q115Match the lists

Match the LIST-I with LIST-II LIST-I (Case Law) LIST-II (Related Concept)

A. Cox V/s Hickman I. Business must be taken in a practical sense

B. Stekel V/s Ellice II. Partnership between Karta and Coparcener

C. Lachhman Das V/s CIT III. Salaried partner

D. Smith V/s Anderson IV. Mutual Agency

Choose the correct answer from the options given below

  1. (a)A-III, B-IV, C-I, D-II
  2. (b)A-I, B-IV, C-II, D-III
  3. (c)A-II, B-I, C-IV, D-III
  4. (d)A-IV, B-III, C-II, D-I✓
Answer & explanation

Answer: (d) A-IV, B-III, C-II, D-I

June 2026 · Q86

Under the Limited Liability Partnership Act, 2008, Under Section 2(8), which of the following is not included in definition of "body corporate"?

  1. (a)Company Under Section 2(20), Company Act, 2013
  2. (b)A Company incorporated outside India
  3. (c)A Corporation Sole✓
  4. (d)A Limited Liability Partnership incorporated outside India
Answer & explanation

Answer: (c) A Corporation Sole

Explanation: Under Section 2(1)(d) [often referred to under Section 2 definitions] of the Limited Liability Partnership Act, 2008, a "body corporate" means a company as defined under clause (20) of Section 2 of the Companies Act, 2013 and includes:

1. An LLP registered under the LLP Act, 2008.

2. An LLP incorporated outside India.

3. A company incorporated outside India. However, the section explicitly excludes:

• A corporation sole

• A co-operative society registered under any law for the time being in force

• Any other body corporate specified by the Central Government via notification Therefore, a Corporation Sole is explicitly excluded from the definition of a body corporate.

Topic 7Negotiable Instruments Act, 1881

20 questions · Open this topic on its own page

2012Match the lists

Read the following passage, and match the column: A negotiable instrument contains a contract and therefore must be supported by consideration. In order to be a holder in due course, the holder must have obtained the instrument before its maturity. An instrument payable on demand is current at least as long as no demand for payment is made. To make a holder in due course, the instrument must be complete and regular. A postdated cheque may not be complete and regular. Column-P: A. Negotiable Instrument B. Holder in due course C. Currency of instrument D. Complete and regular Column-Q:

Before maturity

Demand for payment

Post dated cheque

Consideration Codes:

  1. (a)A-1, B-4, C-2, D-3
  2. (b)A-2, B-3, C-1, D-4
  3. (c)A-4, B-1, C-2, D-3✓
  4. (d)A-4, B-3, C-1, D-2
Answer & explanation

Ans. (c) : A negotiable instrument contains a contract and therefore must be supported by consideration. To be a holder in due course, the holder must have obtained the instrument before its maturity. An instrument payable on demand is payable on demand. To be a holder in due course, the instrument must be complete and regular. A postdated cheque is not complete and regular.

2012Match the lists

Match items in Columns-P with items in Column-Q, according to provisions of the Negotiable Instrument Act. Columns-P: A. Definition of promissory note B. Drawer of cheque C. Holder's right to duplicate D. Dishonour Columns-Q:

Section 30

Section 45-A

Section 135

Section 4 Codes:

  1. (a)A-2, B-4, C-1, D-3
  2. (b)A-4, B-2, C-3, D-1
  3. (c)A-4, B-1, C-3, D-2
  4. (d)A-4, B-1, C-2, D-3✓
Answer & explanation

Ans. (d) : The correct matching — (a) Promissory note — Section 4 (b) Drawer of cheque — Section 30 (c) Holder's right to duplicate — Section 45A (d) Dishonour — Section 135

2013

When a negotiable instrument is dishonoured, the party liable to pay, becomes bound to pay compensation to

  1. (a)The bank
  2. (b)The endorser
  3. (c)Holder or endorser✓
  4. (d)The Court
Answer & explanation

Ans. (c) : If a negotiable instrument is dishonoured, the party liable to pay becomes bound to pay compensation to the holder or endorser. .

2013Statements

Find correct legal principle from following statements:

While collecting a cheque for a banker, the customer is under an obligation to present it promptly so as to avoid any loss due to change of circumstances.

While collecting a cheque for a customer, the banker is under an obligation to present it properly so as to avoid any loss due to change of circumstances.

While collecting a cheque for a customer, the banker is under no obligation to present it properly so as to avoid any loss due to change of circumstances.

While collecting a cheque for a banker, the customer is under no obligation to present it promptly so as to avoid any loss due to change of circumstances.

Answer & explanation

Ans. (b) : Section 72 of the Negotiable Instruments Act deals with the presentation of a cheque. Under the sub-provisions of this section, it is the duty of the banker to present the cheque properly so as to avoid any loss due to change of circumstances.

2014Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I A. Inchoate stamped instrument B. Liability of acceptor of a negotiable instrument C. Liability of an endorser D. Liability of the drawee of a chaque List-II

Union Bank of India v. Ankur Corp.

Section 31 of the Negotiable Instrument Act.

Section 35 of the Negotiable Instrument Act.

Section 20 of the Negotiable Instrument Act. Code:

  1. (a)A-1, B-4, C-3, D-2
  2. (b)A-4, B-1, C-3, D-2✓
  3. (c)A-4, B-1, C-2, D-3
  4. (d)A-3, B-2, C-1, D-4
Answer & explanation

Ans. (b) : Correct matching is — A — Inchoate stamped instrument — Negotiable Instrument Act Section 20 B — Liability of acceptor of a negotiable instrument — Union Bank of India v. Ankur Corporation C — Liability of an endorser — Negotiable Instrument Act Section 35 D — Liability of drawee of a cheque — Negotiable Instrument Act Section 31

2015

A negotiable instruments is presumed to be drawn for consideration

The statutory presumption envisaged under section 118(a) of the Negotiable Instrument Act is rebuttable Code:

  1. (a)A-2, B-1, C-4, D-3✓
  2. (b)A-1, B-2, C-3, D-4
  3. (c)A-4, B-1, C-2, D-3
  4. (d)A-1, B-3, C-2, D-4
Answer & explanation

Ans. (a) : Kundan Lal Rallaram v. Custodian

2016Assertion–Reason

Read Assertion (A) and Reason (R) and answer using codes given below: Assertion (A): Payer alone, whether a corporeal person or incorporeal person, shall be competent in case of dishonour of cheque. Reason (R): Because Section 138 of Negotiable Instrument Act mandates so. Codes:

  1. (a)Both (A) and (R) are right and (R) is correct explanation of (A)
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is wrong but (R) is right
  4. (d)(A) is right, but (R) is wrong
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: Section 138 of the Negotiable Instruments Act provides for the dishonour of cheque due to insufficiency of funds. Under this section, the liability in the case of dishonour of a cheque is on the Drawer, not on the Payer (Bhugtan karta). Therefore, both the assertion and reason are wrong.

2017

Which of the following are presumptions as to a negotiable instrument under section 118 of the Negotiable Instruments Act? Answer using codes given below:

presumption of contractual capacity

Presumption of consideration

Presumption of maturity of instrument

Presumption of date Codes:

  1. (a)only 1 and 3
  2. (b)only 2 and 4✓
  3. (c)only 1 and 4
  4. (d)only 1 and 2
Answer & explanation

Ans. (b) : only 2 and 4 Explanation: According to Section 118 of the Negotiable Instruments Act 1881, there are 7 sub-presumptions — (1) As to consideration, (2) As to date, (3) As to time of acceptance, (4) As to time of transfer, (5) As to order of endorsements, (6) As to stamp, (7) That the holder is the holder in due course.

2017Assertion–Reason

Read Assertion (A) and Reason (R) and answer using the codes given below: Assertion (A): Where a bill is unintentionally cancelled by the holder or his agent and the cancellation is not apparent thereon, the bill is discharged. Reason (R): Above principle is laid down in Section 82 of the Negotiable Instruments Act. Codes:

  1. (a)Both (A) and (R) are correct
  2. (b)Both (A) and (R) are wrong✓
  3. (c)(A) is right and (R) is wrong
  4. (d)(A) is wrong and (R) is right
Answer & explanation

Ans. (b) : Both (A) and (R) are wrong Explanation: Section 82(a) of the Negotiable Instruments Act 1881 provides that if the holder intentionally cancels the bill, the bill is discharged. Therefore, both the assertion and reason are wrong.

2019

Every offence punishable under Section 147 of the Negotiable Instruments Act, 1881 is

  1. (a)compoundable✓
  2. (b)non-compoundable
  3. (c)cognizable
  4. (d)both (b) and (c) above
Answer & explanation

Ans. (a) : compoundable Explanation: According to Section 147 of the Negotiable Instruments Act 1881, notwithstanding anything contained in the Code of Criminal Procedure, every offence punishable under this Act shall be compoundable.

2019

A Bill of Exchange or draft is a written order by the drawer or drawee to pay money to the payee

Bill of Exchange are primarily used in the International trade and are written orders by one person to his Bank to pay the bearer a specific sum on a specific date

Definition of Bill of Exchange is mentioned in the Section 6 of the Negotiable Instrument Act Choose the most appropriate option:

  1. (a)1 and 4
  2. (b)1, 2 and 4
  3. (c)2 and 3✓
  4. (d)3 and 4
Answer & explanation

Ans. (c) : 2 and 3 Explanation: Section 5 of the Negotiable Instruments Act 1881 defines a Bill of Exchange. According to it, the following are correct options — (1) A Bill of Exchange or draft is a written order by the drawer to the drawee to pay money to the payee, (2) A Bill of Exchange is primarily used in international trade and is a written order by one person to his bank to pay the bearer a specific sum on a specific date.

2021-2022Statements

Given below are two statements: Statement I: A 'negotiable instrument' means a promissory note, bill of exchange or cheque payable either to order or to bearer. Statement II: Holder means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque, if payable to bearer or the payee or endorsee. In light of the above statements, choose the most appropriate answer from the options given below:

  1. (a)Both Statement I and Statement II are correct
  2. (b)Both Statement I and Statement II are incorrect
  3. (c)Statement I is correct but Statement II is incorrect✓
  4. (d)Statement I is incorrect but Statement II is correct
Answer & explanation

Ans. (c) : According to Section 13 of the Negotiable Instruments Act, 1881, a negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. According to Section 8, the 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.

2021-2022

When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the Instrument is said to be:

  1. (a)Negotiated✓
  2. (b)Indorsed
  3. (c)Accepted
  4. (d)Transferred
Answer & explanation

Ans. (a) : According to Section 14 of the Negotiable Instruments Act, 1881, when a promissory note, bill of exchange or cheque is transferred to any person so as to constitute that person the holder thereof, the instrument is said to be negotiated.

Dec 2021/June 2022 · Q15Match the lists

Match List – I with List -II

I -II

List-I/I List-II

A. Application of the Act to electronic cheque and truncated cheque I. Sec.3A

B. Electronic Signature II. Sec. 81A -81 S

C. Secure electronic record

D. Validity of contracts formed through electronic means IV. Sec. 10A 10 S

Choose the correct answer from the options given below

  1. (a)A - I, B – II, C - III, D - IV
  2. (b)A - II, B - I, C- III, D - IV✓
  3. (c)A - II, B - I, C- IV, D - III
  4. (d)A - IV, B - III, C - II, D - I
Answer & explanation

Answer: (b) A - II, B - I, C- III, D - IV

December 2023 · Q87Statements

Non-obstnate Clause in section 145 of the Negotiable Instrument Act, 1881 provides for which of the following

(A) dispenses with the procedure under section 200 of CrPC

(B) procedure of examination of complainant and witness on oath is done away

(C) affidavit of complainant and witness can be accepted

(D) sworn statement recording by the magistrate is dispensed with

Choose the correct answer from the options given below

  1. (a)(A), (B) Only
  2. (b)(A), (C) Only
  3. (c)(B), (C), (D) Only
  4. (d)(A), (B), (C), (D)✓
Answer & explanation

Answer: (d) (A), (B), (C), (D)

December 2023 · Q95

Which of the following are characteristics of a government promissory note

(A) It is a promise of President of India or Governor of a state

(B) It is regulated by the Indian Securities Act, 1886

(C) They are not negotiable instrument

(D) They can be assigned without endorsement

Choose the correct answer from the options given below

  1. (a)(A), (B) Only✓
  2. (b)(B), (C) Only
  3. (c)(B), (D) Only
  4. (d)(C), (D) Only
Answer & explanation

Answer: (a) (A), (B) Only

December 2024 · Q119Match the lists

Match List - I with List - II

List- I (Provision/Concept)

(A) Dishonour of cheque for insufficiency of funds

List - II (Sections under the Negotiable Instrument Act, 1881) Section 9

(B) Holder in due course (II) Section 5

(C) Promissory Note (IIΙ) Section 138

(D) Bill of Exchange (IV) Section 4

Choose the correct answer from the options given below

  1. (a)(A)-(III), (B)-(1), (C)-(IV), (D)-(II)✓
  2. (b)(A)-(1), (B)-(II), (C)-(III), (D)-(IV)
  3. (c)(А)-(IV), (B)-(IIШ), (C)-(II), (D)-(I)
  4. (d)(A)-(II), (B)-(IV), (C)-(I), (D)-(III)
Answer & explanation

Answer: (a) (A)-(III), (B)-(1), (C)-(IV), (D)-(II)

June 2025 · Q22

Which of the following is not true in the context of a promissory note?

  1. (a)It must be in writing and signed by the maker
  2. (b)There must be an undertaking or promise to pay
  3. (c)Such a promise must be conditional✓
  4. (d)The promise must be in respect of payment of money only
Answer & explanation

Answer: (c) Such a promise must be conditional

Explanation: A promissory note must contain an unconditional promise to pay a certain sum of money. A conditional promise invalidates the promissory nature of the note.

June 2026 · Q72

Which of the following notes are considered to be "Promissory Note" under the Negotiable Instrument Act, 1881?

A. I promise to pay B ₹500/seven days after my marriage to C

B. I promise to pay B or order ₹500

C. I promise to pay B ₹500/first deducting thereout any money which he may owe me

D. I acknowledge myself to be indebted to B in ₹1,000/to be paid on demand, for value received

Choose the correct answer from the options given below

  1. (a)A and C only
  2. (b)A and B only
  3. (c)B and D only✓
  4. (d)C and D only
Answer & explanation

Answer: (c) B and D only

Explanation: Under Section 4 of the Negotiable Instruments Act, 1881, a Promissory Note is an instrument in writing containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. Statutory illustrations under Section 4 evaluate the given statements:

• A. "I promise to pay B ₹500/- seven days after my marriage to C." NOT a Promissory Note o Reason: The payment is conditional upon marriage, which may or may not happen. A promissory note must contain an unconditional promise.

• B. "I promise to pay B or order ₹500/-." IS a Promissory Note o Reason: Fits illustration (b) of Section 4. It contains an unconditional promise to pay a certain sum of money to a specified person or his order.

• C. "I promise to pay B ₹500/- first deducting thereout any money which he may owe me." NOT a Promissory Note o Reason: Fits illustration (e) of Section 4. The sum payable is uncertain because the amount owed by B is indefinite.

• D. "I acknowledge myself to be indebted to B in ₹1,000/- to be paid on demand, for value received." IS a Promissory Note o Reason: Fits illustration (b) of Section 4. Although framed as an acknowledgment of debt, the addition of the phrase "to be paid on demand" creates an express promise/undertaking to pay a certain sum of money. Therefore, only B and D qualify as valid Promissory Notes.

June 2026 · Q111

Which of the following is not a negotiable instrument?

  1. (a)Promissory Note
  2. (b)Bill of Exchange
  3. (c)A cheque
  4. (d)Fixed Deposit Receipt✓
Answer & explanation

Answer: (d) Fixed Deposit Receipt

Explanation: Under Section 13(1) of the Negotiable Instruments Act, 1881, a negotiable instrument is defined as a:

1. Promissory Note (defined under Section 4)

2. Bill of Exchange (defined under Section 5)

3. Cheque (defined under Section 6) payable either to order or to bearer. A Fixed Deposit Receipt (FDR) is an acknowledgment issued by a bank certifying that a specific sum of money has been deposited for a fixed period at a set interest rate. It is not a negotiable instrument because:

• It is non-transferable by simple delivery or endorsement to a third party to give a valid legal title.

• It does not contain an unconditional promise or order to pay money to bearer or order in the manner prescribed under the Negotiable Instruments Act.

Topic 8Company law – Incorporation of a company, prospectus, shares and debentures

27 questions · Open this topic on its own page

2012Assertion–Reason

Assertion (A): Doctrine of Indoor Management protects an outsider dealing with a company from irregularities inside a company. Reason (R): Doctrine of ultra vires protects an outsider dealing with a company for corporate capacity not mentioned in the objects clause. Code:

  1. (a)(A) is true, but (R) is false
  2. (b)(A) is false and (R) is true
  3. (c)(A) and (R) are true, but (R) is not an explanation of (A)✓
  4. (d)(A) and (R) are true, but (R) is an explanation of (A)
Answer & explanation

Ans. (c) : The doctrine of indoor management tells us about the internal management of the company. It provides protection to outside persons. The doctrine of ultra vires means that the company will not act beyond its memorandum of association, and if it does any such act, the outside person gets protection. Hence both assertion A and reason R are correct but reason R is not the correct explanation of assertion A.

2013

Role of doctrine of ultra vires is

  1. (a)to fight virus of ultras
  2. (b)to protect indoor managers
  3. (c)to confine corporate action within fixed limits✓
  4. (d)to protect directors for exercising their implied authority
Answer & explanation

Ans. (c) : A company is required to function within the limits of the objects defined in its memorandum of association. But when it acts beyond those limits, it is called ultra vires.

2014

Haward v. Patent Ivory manufacturing Co. (1888) 38 Ch. D. 156 is a case about

  1. (a)Doctrine of ultra vires
  2. (b)Doctrine of indoor management✓
  3. (c)Doctrine of public notice
  4. (d)Doctrine of social responsibility
Answer & explanation

Ans. (b) : Doctrine of indoor management Explanation: Haward v. Patent Ivory Manufacturing Co. (1838) 38 C.H.D. 156 is related to the Doctrine of Indoor Management.

2015

If incidental objects are not stated in the memorandum, they would not be allowed by the principle of reasonable construction

The doctrine of indoor management operates to protect insiders against the company Codes:

  1. (a)Only 1 and 2
  2. (b)Only 2 and 3
  3. (c)Only 1, 2 and 3
  4. (d)1, 2, 3 and 4✓
Answer & explanation

Ans. (d) : 1, 2, 3 and 4 Explanation: According to Companies Act 2013, all the options given in the question are wrong. (1) In Attorney General v. Great Eastern Railway Company, it was not said that the doctrine of ultra vires as explained in the Ashbury case should not be maintained, but rather that in every circumstance, incidental acts cannot be declared ultra vires. Statement (1) is wrong. (2) Section 13 of the Companies Act permits alteration of the memorandum. Therefore, a change in incidental objects can be made in the memorandum, but it must be clearly stated. Statement (2) is wrong. (3) Even if incidental objects are not mentioned in the memorandum, they may be allowed by the principle of reasonable construction. Statement (3) is wrong. (4) The doctrine of indoor management was laid down in Royal British Bank v. Turquand. Any person dealing with a company or its directors can assume that the company is acting in accordance with its memorandum and articles. Therefore, statement (4) saying 'the doctrine of indoor management protects company employees against the company' is wrong.

2015

Which of the following cases is about doctrine of indoor management?

  1. (a)Ashbury Railway Carriage and Iron Co.Ltd v. Riche
  2. (b)Rama Corpn. V. Proved tin and General Investment Co.✓
  3. (c)London Country Council v. Attorney-General
  4. (d)A. Lakshmana swamy Mudaliar v. L.I.C
Answer & explanation

Ans. (b) : Rama Corpn. V. Proved tin and General Investment Co. Explanation: The doctrine of indoor management of Royal British Bank v. Turquand is said to have been laid down for the first time in this case.

2017Statements

Which of the following statement is correct? Answer using codes given below:

Doctrine of indoor management apply in case of knowledge of irregularity in company

Doctrine of indoor management does not apply in case of suspicion of irregularity

Doctrine of indoor management apply in case of forgery

Doctrine of indoor management does not apply if the act of an officer of a company is one which would ordinarily be beyond the powers of such an officer Codes:

  1. (a)only 1 is correct
  2. (b)only 2 is correct
  3. (c)only 3 is correct
  4. (d)only 4 is correct✓
Answer & explanation

Ans. (d) : only 4 is correct Explanation: The doctrine of indoor management does not apply in the following circumstances — (1) Knowledge of irregularity, (2) Forgery, (3) In cases of suspicion of irregularity, (4) Acts which are beyond the apparent authority.

2019

Which of the following actions can be taken when an issue is made under the provisions of Section 42 of the Companies Act, 2013?

  1. (a)An advertisement can be issued in a local newspaper having city coverage
  2. (b)The money payable toward subscription can be received in cash
  3. (c)The share can be allotted within sixty days of the date of offer
  4. (d)The offer can be made to a maximum of fifty people✓
Answer & explanation

Ans. (d) : The offer can be made to a maximum of fifty people Explanation: Section 42 of the Companies Act 2013 provides for private placement of securities. Under this section, an offer or invitation for subscription of securities on private placement can be made to a maximum of fifty persons.

2019

Choose the correct section of the Competition Act, 2002. Which provides that 'No enterprise shall abuse its dominant position:

  1. (a)Section 4✓
  2. (b)Section 9
  3. (c)Section 8
  4. (d)Section 6
Answer & explanation

Ans. (a) : Section 4 Explanation: According to Section 4 of the Competition Act 2002, no enterprise shall abuse its dominant position. Section 6 — regulation of combinations; Section 8 — composition of Commission; Section 9 — selection committee for Chairperson and members of Commission.

2019

Who among the following said that there is in essence, no difference between the legal personability of a company and that of an individual?

  1. (a)Maitland
  2. (b)Dicey
  3. (c)Gierke
  4. (d)Kelsen✓
Answer & explanation

Ans. (d) : Kelsen Explanation: Kelsen said that in essence, there is no difference between the legal personality of a company and that of an individual.

2020-2021Match the lists

Match List I with List II (Sections of the Companies Act, 2013): List-I A. Abridged Prospectus B. Deemed Prospectus C. Shelf Prospectus D. Red Herring Prospectus List-II (i) Section 31 (II) Section 32 (III) Section 2(1) (IV) Section 25 Choose the correct answer from the options given below:

  1. (a)(A)-(III), (B)-(IV), (C)-(I), (D)-(II)✓
  2. (b)(A)-(II), (B)-(III), (C)-(IV), (D)-(I)
  3. (c)(A)-(I), (B)-(II), (C)-(III), (D)-(IV)
  4. (d)(A)-(IV), (B)-(I), (C)-(II), (D)-(III)
Answer & explanation

Ans. (a) : The correct matching of sections under the Companies Act, 2013: A. Abridged Prospectus — Section 2(1) B. Deemed Prospectus — Section 25 C. Shelf Prospectus — Section 31 D. Red Herring Prospectus — Section 32

2020-2021

Who among the following can remove the name of company from Register of Companies on suo moto basis in terms of Section 248(1) of Companies Act, 2013?

  1. (a)Registrar of companies✓
  2. (b)Securities and Exchange Board of India
  3. (c)National Company Law Tribunal
  4. (d)Ministry of Corporate Affairs
Answer & explanation

Ans. (a) : The Registrar has been empowered under Section 248(1) of the Companies Act to remove the name of a company from the Register of Companies in the following circumstances:

The company has failed to commence its business within one year of its incorporation, or

The company has not been carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under Section 455, or

The subscribers to the memorandum have not paid the subscription money which they had undertaken to pay at the time of incorporation of the company and a declaration to this effect has not been filed within 180 days of its incorporation, or

2020-2021

The company is not carrying on any business or operations as revealed after physical verification carried out under Section 12(9).

Endorsement of Negotiable instrument followed by delivery: (1) Transfers the property in instrument to endorsee (2) Transfers the right of further negotiation to the endorsee (3) May exclude or restrict the right of further negotiation by endorsee (4) May merely constitute the endorsee as an agent Choose the correct answer from the options given below:

  1. (a)(1) and (2) only
  2. (b)(3) and (4) only
  3. (c)(1), (2), (3) only
  4. (d)(1), (2), (3) and (4)✓
Answer & explanation

Ans. (d) : According to Section 50 of the Negotiable Instruments Act, 1881, endorsement of a negotiable instrument followed by delivery transfers the property therein to the endorsee along with the right of further negotiation, but the endorsement may by express words restrict or exclude such right, or may merely constitute the endorsee as an agent to endorse the instrument or to receive its contents for the endorser or for some other specified person.

2021-2022Match the lists

Match List I with List II: List-I A. Solomon v. Solomon B. Royal British Bank v. Turquand C. Ashbury Railway Carriage & Iron v. Riche (Ashbury) D. Vodafone International Holdings v. UOI List-II I. Voting rights II. Corporate Personality III. Doctrine of Ultra Virus IV. Doctrine of Indoor Management Choose the correct answer from the options given below:

  1. (a)A-IV, B-II, C-III, D-I
  2. (b)A-I, B-II, C-III, D-IV
  3. (c)A-I, B-III, C-II, D-IV
  4. (d)A-II, B-IV, C-III, D-I✓
Answer & explanation

Ans. (d) : Correct matching: A. Solomon v. Solomon — Corporate Personality B. Royal British Bank v. Turquand — Doctrine of Indoor Management C. Ashbury Railway Carriage & Iron v. Riche (Ashbury) — Doctrine of Ultra Vires D. Vodafone International Holdings v. UOI — Voting rights

2021-2022

_____ has to provide by making regulations for any class or class of companies which may file a shelf prospectus with the Registrar at the stage of first offer of securities.

  1. (a)NCLT
  2. (b)SEBI✓
  3. (c)IBBI
  4. (d)Director of a company
Answer & explanation

Ans. (b) : SEBI has to provide by making regulations for any class or class of companies which may file a shelf prospectus with the Registrar at the stage of first offer of securities.

2021-2022

Every prospectus issued by or on behalf of a public company shall state the following information: A. Name and addresses of the registered office of the company B. Details about underwriting of the Issue C. Details of directors D. Details about Trustees and their interest E. Collateral objects of the business. Choose the correct answer from the options given below:

  1. (a)A, B, C and D only
  2. (b)C, D and E only
  3. (c)A, B and C only✓
  4. (d)A, B and D only
Answer & explanation

Ans. (c) : According to Section 26 of the Companies Act, 2013, every prospectus issued by or on behalf of a public company shall state the following information: A. The registered name and address of the company B. Details about underwriting of the Issue C. Details of directors.

2021-2022

Which of the following are correct? A. A company may issue debentures with option to convert them to shares, either wholly or partly at the time of redemption. B. Such issue has to be approved by a special resolution passed at a general meeting. C. Debentures with voting rights can be issued. D. Debentures cannot be issued. E. The debenture trustee has to take steps to protect the interest of debenture holders. Choose the most appropriate answer from the options given below:

  1. (a)B, C and E only
  2. (b)A, B and E only✓
  3. (c)A, C and D only
  4. (d)C, D and E only
Answer & explanation

Ans. (b) : According to Section 71(1) of the Companies Act, 2013, a company may issue debentures with an option to convert them into shares, wholly or partly, and such issue must be approved by a special resolution passed at a general meeting. Section 71(6) provides that the debenture trustee shall take steps to protect the interests of the debenture holders.

2021-2022Sequence / order

Arrange the following as per sections of the Companies Act, 2013 in descending order: A. Execution of Bills of Exchange, etc. B. Punishment in case of repeated default C. Annual reports on government companies D. Petition for winding up E. Functions of company Secretary Choose the correct answer from the options given below:

  1. (a)C, D, E, A, B
  2. (b)B, C, D, E, A✓
  3. (c)C, A, E, D, B
  4. (d)B, A, D, C, E
Answer & explanation

Ans. (b) : The descending order of sections under the Companies Act, 2013 is: A. Punishment in case of repeated default B. Annual reports on government companies C. Petition for winding up D. Functions of company Secretary E. Execution of Bills of Exchange, etc.

December 2023 · Q61

Red herring prospectus is a prospectus issued

  1. (a)Prior to the issue of prospectus✓
  2. (b)After the issue of main prospectus
  3. (c)With the consent of shareholder
  4. (d)On the behest of ROC (Register of Companies)
Answer & explanation

Answer: (a) Prior to the issue of prospectus

December 2023 · Q73Match the lists

Match List - I with List - II

List-I

(A) Producer companies

(B) Statutory companies

(C) Section 8 company

(D) Small company

List-II (I) Do not necessarily require Memorandum of Association (II) Association not for profit (III) Formed to convert cooperative into a company (IV) Paid up share capital is between 50 lakh-5 crore and turnover is between 2 crore - 20 crore

Choose the correct answer from the options given below

  1. (a)(A)-(I), (B)-(II), (C)-(IV), (D)-(III)
  2. (b)(A)-(III), (B)-(1), (C)-(II), (D)-(IV)✓
  3. (c)(A)-(IV), (B)-(III), (C)-(1), (D)-(II)
  4. (d)(A)-(II), (B)-(IV), (C)-(III), (D)-(1)
Answer & explanation

Answer: (b) (A)-(III), (B)-(1), (C)-(II), (D)-(IV)

December 2023 · Q117Sequence / order

Arrange following cases in sequence of year they were decided

(A) Ashbyry Rly Carriage Co. Ltd. v. Riche

(B) Royal British Bank v. Turquand

(C) Mohori Bibee v. Dharmodas Ghose

(D) State Trading Corporation of India Ltd. v. CTO, Vishakhaptnam

(E) Salomon v. Salomon Co. Ltd

Choose the correct answer from the options given below

  1. (a)(B), (A), (E), (C), (D)✓
  2. (b)(A), (B), (C), (E), (D)
  3. (c)(C), (D), (A), (B), (E)
  4. (d)(B), (C), (E), (A), (D)
Answer & explanation

Answer: (a) (B), (A), (E), (C), (D)

December 2024 · Q60

The limitation of the doctrine of constructive notice is known as which of the following?

  1. (a)Doctrine of indoor management✓
  2. (b)Lifting the corporate veil
  3. (c)Oppression and mismanagement
  4. (d)Doctrine of ultra vires
Answer & explanation

Answer: (a) Doctrine of indoor management

December 2024 · Q88Match the lists

Match List - I with List - II

List -I (Concepts/Doctrines)

(A) Lifting the corporate veil

(B) Invitation to public in the context of prospectus

(C) Doctrine of ultra vires

(D) Doctrine of indoor management

Choose the correct answer from the options given below

List - II (Cases)

(1) Nash v/s Lynde (II) Ashbury Rly Carriage and Iron Co. Ltd. v/s Riche (III) Royal British Bank v/s Turquand (IV) Salomon v/s Salomon

  1. (a)(A)-(IV), (B)-(I), (C)-(I), (D)-(III)✓
  2. (b)(A)-(1), (B)-(II), (C)-(III), (D)-(IV)
  3. (c)(A)-(IV), (B)-(III), (C)-(II), (D)-(I)
  4. (d)(A)-(III), (B)-(II), (C)-(IV), (D)-(1)
Answer & explanation

Answer: (a) (A)-(IV), (B)-(I), (C)-(I), (D)-(III)

June 2025 · Q71

In which case was the golden rule for framing a prospectus formulated by V.C. Kindersley?

  1. (a)Methodist Church v. Union of India
  2. (b)R. v. Registrar of Companies
  3. (c)New Brunswick Railway Co. v. Muggeridge✓
  4. (d)Jubilee Cotton Mills Ltd. v. Lewis
Answer & explanation

Answer: (c) New Brunswick Railway Co. v. Muggeridge

Explanation: This case laid down the rule that the prospectus must disclose all material facts truthfully to avoid misleading investors.

June 2025 · Q86

Which provision of the Companies Act, 2013 identifies shares and debentures as movable property?

  1. (a)Section 44✓
  2. (b)Section 45
  3. (c)Section 46
  4. (d)Section 47
Answer & explanation

Answer: (a) Section 44

Explanation: Section 44 of the Companies Act, 2013 clearly states that shares or debentures shall be movable property, transferable in the manner provided in the company’s articles.

31 Dec 2025 (Shift 1) · Q76

Which of the following is not a type of prospectus under the Companies Act, 2013?

  1. (a)Shelf Prospectus
  2. (b)Deemed Prospectus
  3. (c)Yellow (Herring) Prospectus✓
  4. (d)Abridged Prospectus
Answer & explanation

Answer: (c) Yellow (Herring) Prospectus

June 2026 · Q127Sequence / order

Arrange the following chapter of the Companies Act, 2013 in their ascending order

A. Share Capital and Debentures

B. Prospectus and Allotment of Securities

C. Audit and Auditors

D. Appointment and Qualification of Directors

Choose the correct answer from the options given below

  1. (a)B, A, D, C
  2. (b)A, B, D, C
  3. (c)D, B, A, C
  4. (d)B, A, C, D✓
Answer & explanation

Answer: (d) B, A, C, D

Explanation: Arranging the given chapters of the Companies Act, 2013 in ascending numerical order:

1. B. Prospectus and Allotment of Securities: Covered under Chapter III (Sections 23 to 42).

2. A. Share Capital and Debentures: Covered under Chapter IV (Sections 43 to 72).

3. C. Audit and Auditors: Covered under Chapter X (Sections 139 to 148).

4. D. Appointment and Qualification of Directors: Covered under Chapter XI (Sections 149 to 172).

June 2026 · Q132Sequence / order

Arrange the following landmark decision on the Concept of Lifting the Corporate Veil in ascending order

A. LIC, India v. Escorts Ltd

B. Singer India v. Chandra Mohan Chaddha

C. In re R.G. Films Limited

D. Connors Brothers v. Conners

E. Daimler Co. Ltd. v. Continental Tyre and Rubber Company

Choose the correct answer from the options given below

  1. (a)E, D, C, A, B✓
  2. (b)D, E, C, A, B
  3. (c)E, C, D, B, A
  4. (d)D, E, B, C, A
Answer & explanation

Answer: (a) E, D, C, A, B

Explanation: Chronological Order of Decisions:

1. E. Daimler Co. Ltd. v. Continental Tyre and Rubber Co. Ltd. - 1916: (House of Lords ruling on lifting the veil to determine the enemy character of a company during war.)

2. D. Connors Brothers v. Connors - 1940: (Privy Council ruling applying the enemy character test and lifting the corporate veil against de facto enemy control.)

3. C. In re R.G. Films Limited - 1953: (English court decision lifting the veil where a corporate form was used as a mere sham/agent to circumvent quota regulations for film production.)

4. A. LIC, India v. Escorts Ltd. - 1986: (Supreme Court of India landmark decision clarifying the circumstances under which courts can lift the corporate veil.)

5. B. Singer India v. Chandra Mohan Chaddha - 2004: (Supreme Court of India ruling on lifting the corporate veil in lease/eviction matters involving company amalgamation.)

Topic 9Company law – Directors and meetings

16 questions · Open this topic on its own page

2012Assertion–Reason

Assertion (A): Every public company shall have at least three and every private company at least two Directors. Reason (R): Directors are trustees for the company and not for individual shareholders. Code:

  1. (a)(A) and (R) are true and (R) is correct explanation of (A)✓
  2. (b)(A) and (R) are true but (R) is not correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Ans. (a) : According to the Companies Act, 1956, every public company must have at least three and every private company at least two directors. Directors of the company are trustees of the company. They are not trustees of the individual shareholders.

2012Match the lists

Match an item in List P with an item in List Q List-P: A. Removal of Directors by Company Law Board B. Duty of Directors to disclose interest C. Compensation for loss of office of Director D. Director with unlimited liability List-Q:

Section 318

Section 299-300

Section 402

Section 322-323 Code:

  1. (a)A-3, B-2, C-1, D-4✓
  2. (b)A-2, B-3, C-1, D-4
  3. (c)A-2, B-3, C-4, D-1
  4. (d)A-2, B-1, C-3, D-4
Answer & explanation

Ans. (a) : Removal of Directors by Company Law Board — Section 402 Duty of Directors to disclose interest — Section 299-300 Compensation for loss of office of Director — Section 318 Director with unlimited liability — Section 322-323 .

2012Statements

Which statements are correct? Directors are:

Trustees of Company

Managers of Company

Agents of Company

Owners of Company Codes:

  1. (a)1 and 2 are correct
  2. (b)2 and 3 are correct
  3. (c)3 and 4 are correct
  4. (d)1 and 3 are correct✓
Answer & explanation

Ans. (d) : Directors are trustees of the company and hold the funds received by the company in trust for the benefit of its shareholders. They act as agents of the company and thus every act done by them binds the company itself. Directors are not managers or owners of the company. Hence statements (1) and (3) are correct while (2) and (4) are incorrect.

2012Match the lists

Match an item in List-I with an item in List-II: List-I: A. Prohibition of assignment of office by Director B. Appointment of alternate Director C. Disqualification to be a Director D. Officer who is in defaulter List-II:

Section 267

Section 312

Section 5

Section 313 Codes:

  1. (a)A-4, B-2, C-1, D-3
  2. (b)A-2, B-4, C-1, D-3✓
  3. (c)A-2, B-4, C-3, D-1
  4. (d)A-2, B-3, C-1, D-4
Answer & explanation

Ans. (b) : (a) Prohibition of assignment of office — Section 312 (b) Appointment of alternate Director — Section 313 (c) Disqualification to be a Director — Section 267 (d) Officer in default — Section 5

2013

Directors are

  1. (a)only agents of a company
  2. (b)only fiduciaries of a company
  3. (c)only servants of a company under a contract of employment with the company
  4. (d)All of the above✓
Answer & explanation

Ans. (d) : The role of directors in a company is as follows — (1) As agents (2) As trustees (3) As servants

2013Statements

Which statements are correct, answer using codes given below:

Directors are trustees of company

Directors are mentors of company

Directors are agents of company

Director are agents of shareholders Codes:

  1. (a)1 and 2 are correct
  2. (b)1 and 3 are correct✓
  3. (c)1 and 4 are correct
  4. (d)2 and 4 are correct
Answer & explanation

Ans. (b) : Section 2(34) of the Companies Act 2013 defines 'director' and Section 152 provides for appointment of directors. Directors are appointed by the company board and function as trustees and agents of the company.

2014Match the lists

Match List-I with List-II and select the correct answer using the codes given below: List-I A. Directors with unlimited liability Companies Act B. Prevention of management of a company by undesirable persons. C. A director cannot assign his office in favour of any one else. D. Appointment to a place of profit under the company. List-II

Section 202 and 203 of the Companies Act.

Section 312 of the Companies Act.

Section 322 and 323 of the Companies Act.

Section 314 of the Companies Act. Code:

  1. (a)A-1, B-3, C-2, D-4
  2. (b)A-3, B-1, C-2, D-4✓
  3. (c)A-3, B-1, C-4, D-2
  4. (d)A-2, B-4, C-1, D-3
Answer & explanation

Ans. (b) : Correct matching is — Directors with unlimited liability — Companies Act, 1956, Section 322, 323 Prevention of management by undesirable persons — Companies Act 1956, Section 202, 203 A director cannot assign his office — Companies Act Section 314 Appointment to a place of profit under the company — Companies Act 1956, Section 20 Note: The provisions of Companies Act 1956 Sections 202, 203, 314, 322 and 323 were repealed by the Companies Act 2013 and equivalent provisions are given in the new Companies Act 2013 in Section 4 (Memorandum).

2017

Find answer by using codes given below: Director may be removed by

Other Directors

Creditors

Central Government

Shareholders in a general meeting Codes:

  1. (a)only 1 and 2 are correct
  2. (b)only 2 and 3 are correct
  3. (c)only 3 and 4 are correct✓
  4. (d)only 4 and 1 are correct
Answer & explanation

Ans. (c) : only 3 and 4 are correct Explanation: A director can be removed by — (1) Central Government, (2) Shareholders in a general meeting.

2017

"Directors are agents of the company". In which of the following cases above principle laid down. Answer using code given below:

Ferguson v. Wilson

Elkington and Co. v. Harter

Hampshire Land Co., re

Allen v. Hyatt Code:

  1. (a)Only 1
  2. (b)Only 1 and 2
  3. (c)Only 1, 2 and 3
  4. (d)1, 2, 3 and 4✓
Answer & explanation

Ans. (d) : 1, 2, 3 and 4 Explanation: The principle that directors are agents of the company was laid down in all the above cases.

Which of the following case is about doctrine of ultra vires? (a) Royal British Bank v. Turquand (b) Premier Industrial Bank Ltd. Carlton Mfg. Co. Ltd. (c) Rajendra Nath Dutta v. Shibendra Nath Mukherjee (d) Attorney General v. Great Eastern Railway Co.

Ans. (d) : Attorney General v. Great Eastern Railway Co. Explanation: The case of Attorney General v. Great Eastern Railway Co. is related to the doctrine of ultra vires.

2020-2021

Removal of members of Company Law Appellate Tribunal can be carried out in consultation by: (1) Central Government (2) Chief Justice (3) Chairperson of Appellate Tribunal (4) Auditor General Choose the correct answer from the options given below:

  1. (a)(1) and (2) only✓
  2. (b)(1), (2), (3)
  3. (c)(3) and (2) only
  4. (d)(1), (2), (3), and (4)
Answer & explanation

Ans. (a) : According to Section 417(1) of the Companies Act, 2013, the Central Government, after consultation with the Chief Justice of India, may remove the Chairperson or any member of the Tribunal, who — (1) Has been adjudged as insolvent, or (2) Has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or (3) Has become physically or mentally incapable of acting as Chairperson or member, or (4) Has acquired such financial or other interest as is likely to affect prejudicially his functions, or (5) Has abused his position.

2021-2022Statements

Given below are two statements: Statement I: Every public company shall have at least three directors and every private company shall have at least two directors. Statement II: There can be a maximum of 15 directors and for having more than 15 directors, the company may pass a special resolution. In light of the above statements, choose the most appropriate answer from the options given below:

  1. (a)Both Statement I and Statement II are correct✓
  2. (b)Both Statement I and Statement II are incorrect
  3. (c)Statement I is correct but Statement II is incorrect
  4. (d)Statement I is incorrect but Statement II is correct
Answer & explanation

Ans. (a) : According to Section 149 of the Companies Act, 2013: (1) Every public company shall have a minimum of 3 directors and every private company shall have a minimum of 2 directors. (2) A company can have a maximum of 15 directors, but to have more than 15 directors, the company must pass a special resolution.

June 2020 · Q43

What is a whistleblower

  1. (a)A person who signals illegal or unethical practice to a precribed body✓
  2. (b)Usually a disgruntled ex-employee
  3. (c)A subversive person spying on a company
  4. (d)An investigative journalist
Answer & explanation

Answer: (a) A person who signals illegal or unethical practice to a precribed body

December 2024 · Q67

Minimum number of Directors in one person company is

  1. (a)1✓
  2. (b)3
  3. (c)4
  4. (d)5
Answer & explanation

Answer: (a) 1

June 2025 · Q67Match the lists

Match the following legal positions of directors with the corresponding case law

List-I (Position of Directors)

A. Directors as "Agents"

B. Directors as "Employees"

C. Directors as "Trustees"

D. Directors in a "Fiduciary Relationship"

List-II (Case Law)

1. Ferguson v. Wilson

2. R.R. Kothandraman v. Commissioner of Income Tax

3. Great Eastern Railway Co. v. Turner

4. Forest of Dean Coal Mining Co. Re

  1. (a)A-1, B-2, C-3, D-4✓
  2. (b)A-3, B-1, C-4, D-2
  3. (c)A-2, B-3, C-1, D-4
  4. (d)A-4, B-3, C-2, D-1
Answer & explanation

Answer: (a) A-1, B-2, C-3, D-4

Explanation: These landmark judgments clarify directors’ fiduciary, trustee, and agency relationships in corporate governance.

31 Dec 2025 (Shift 1) · Q91

In every listed public company how many of the total number of directors shall be independent directors?

  1. (a)One-fourth
  2. (b)One-third✓
  3. (c)One-fifth
  4. (d)One-tenth
Answer & explanation

Answer: (b) One-third

June 2026 · Q130

The board of directors of every listed company and such other class or classes of companies as may be prescribed are required to constitute, an Audit committee under which of the following provision of the Companies Act, 2013?

  1. (a)Section 178 of the Companies Act, 2013
  2. (b)Section 180 of the Companies Act, 2013
  3. (c)Section 183 of the Companies Act, 2013
  4. (d)Section 177 of the Companies Act, 2013✓
Answer & explanation

Answer: (d) Section 177 of the Companies Act, 2013

Explanation: Under Section 177(1) of the Companies Act, 2013 read with Rule 6 of the Companies (Meetings of Board and its Powers) Rules, 2014, the Board of Directors of every listed public company and certain prescribed classes of public companies are required to constitute an Audit Committee. Key Statutory Requirements of Section 177:

1. Applicability:

o Every listed public company. o All public companies with a paid-up share capital of ₹10 crore or more. o All public companies having a turnover of ₹100 crore or more. o All public companies having aggregate outstanding loans, debentures, or deposits exceeding 50crore}.

2. Composition:

o Minimum of 3 directors. o Independent directors must form the majority of the committee. o The majority of members, including its Chairperson, must be persons with the ability to read and understand financial statements.

Topic 10Corporate social responsibility

5 questions · Open this topic on its own page

2019

Which section of the Companies Act, 2013 deals with corporate social responsibility?

  1. (a)Section 133
  2. (b)Section 134
  3. (c)Section 135✓
  4. (d)Section 136
Answer & explanation

Ans. (c) : Section 135 Explanation: Section 135 of the Companies Act, 2013 provides for Corporate Social Responsibility.

2019

Which of the following activities cannot be considered as relating to social responsibility under Section 135 of the Companies Act, 2013?

  1. (a)Amount spent on activities which only benefit the employees of the company
  2. (b)Amount spent to benefit people who are not economically backward
  3. (c)Amount spent on activities which only benefit the consumers of the organisation✓
  4. (d)Amount spent on activities which only benefit the supplier of the organisation
Answer & explanation

Ans. (c) : Amount spent on activities which only benefit the consumers of the organisation Explanation: Section 135 of the Companies Act, 2013 provides for social responsibility. Under its duties — (1) Amount spent on activities which benefit only the company's employees, (2) Amount spent on persons who are not economically backward, (3) Amount spent for the benefit of the organisation's suppliers — are not considered social responsibility activities.

2019

Under the Companies Act 2013, which of the following company is required to constitute a Corporate Social Responsibility Committee?

company having networth of Rs. 500 crore or more

company having turnover of Rs. 1000 crore or more

company having net profit of Rs. 5 crore or more

company having net profit of Rs. 2 crore or more during any financial year Choose the most appropriate option:

  1. (a)1, 2, 3 and 4
  2. (b)1 and 4
  3. (c)1, 2 and 3✓
  4. (d)1, 3 and 4
Answer & explanation

Ans. (c) : 1, 2 and 3 Explanation: Section 135 of the Companies Act 2013 describes 'Corporate Social Responsibility'. According to Section 135, every company whose — (1) Net worth is Rs. 500 crore or more, (2) Turnover is Rs. 1000 crore or more, (3) Net profit is Rs. 5 crore or more — shall constitute a Corporate Social Responsibility Committee.

June 2023 · Q56

The Corporate Social Responsibility (CSR) Committee of a Company carries out the following functions

A. To appoint an individual or a firm as an auditor

B. To recommend a CSR Policy

C. To recommend the amount of expenditure for the indicated activities

D. To inspect the books of accounts during business hours

E. To monitor the CSR policy of the company from time to time

Choose the correct answer from the options given below

  1. (a)A, B and C only
  2. (b)B and D only
  3. (c)B, C and E only✓
  4. (d)B, C, D and E only
Answer & explanation

Answer: (c) B, C and E only

June 2025 · Q42

Which of the following is not true in the context of Corporate Social Responsibility (CSR)?

  1. (a)CSR Committee should consist of only one Director✓
  2. (b)CSR provision was introduced by the Companies Act, 2013
  3. (c)Company should spend at least 2% of average net profits of the last 3 years
  4. (d)CSR is an implied agreement between the company and society
Answer & explanation

Answer: (a) CSR Committee should consist of only one Director

Explanation: As per the Companies Act, CSR Committee must have at least three directors, not just one.

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