Unit VI · Topic 1Essential elements of contract and e-contract – Previous Year Questions
137 previous year questions on Essential elements of contract and e-contract from UGC NET Law papers (2009–2026), including 23 assertion–reason, 24 match-the-list, 29 statement-based questions. The correct option is marked in green.
Questions
137 questions
2009Statements
Which of the following statement is correct?
(a)An agreement made without consideration is voidable
(b)An agreement made without consideration is void✓
(c)A contract made without consideration is valid
(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:
(a)Which of some benefit to him and under which he is required to bear no obligation
(b)Which is beneficial to him without any expense✓
(c)Which is of some importance to him and under which he stands to gain some material gain
(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:
(a)2 — 1 — 3 — 4✓
(b)1 — 2 — 3 — 4
(c)4 — 2 — 1 — 3
(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:
(a)All statements are right
(b)All statements are wrong
(c)Only statement (iii) is right✓
(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:
(a)Tweedle v. Atkinson, 4 L.T. 468
(b)Button v. Poole, 83 L.R. 523
(c)Delhi Clothi and General Mills Ltd. v. Union of India, AIR 1987 SC 2414✓
(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?
(a)Two or more persons are said to consent when they agree upon something in some sense
(b)Two or more persons are said to consent when they agree upon the same thing in the same sense✓
(c)Two or more persons are said to enter into a contract when they agree upon the same thing in the same sense
(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:
(a)can be revoked at any time
(b)cannot be revoked at all
(c)can be revoked, if it does not reach to the proposer✓
(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:
(a)Not enforceable
(b)Enforceable at the discretion of debtor
(c)Enforceable under exception✓
(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?
(a)Third party can always sue for breach of contract
(b)Wagering agreements are illegal
(c)When consent is not free, agreement will always be voidable
(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
(a)Both (A) and (R) are correct✓
(b)Both (A) and (R) are wrong
(c)(A) is correct, but (R) is wrong
(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:
(a)an invitation to offer
(b)an acceptance to offer
(c)a rejection of the offer✓
(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:
(a)Minor is never allowed to enforce such agreement
(b)Minor is allowed to enforce such agreement, if it was made for his benefit
(c)Minor is always allowed to enforce such agreement
(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:
(a)Common Intention
(b)Meeting of Minds✓
(c)Common Object
(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.
(a)Both Assertion (A) and Reason (R) are correct✓
(b)Assertion (A) is correct, but Reason (R) is wrong
(c)Both Assertion (A) and Reason (R) are wrong
(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:
(a)A-1, B-2, C-3, D-4
(b)A-3, B-1, C-2, D-4✓
(c)A-2, B-4, C-1, D-3
(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:
(a)Legal agreement
(b)Moral agreement
(c)Acceptance
(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:
(a)Contract
(b)Offer
(c)Acceptance
(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:
(a)Minor cannot be estopped from pleading his minority
(b)Contract is void
(c)Minor is estopped from pleading his minority
(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:
(a)21 years for boys and girls
(b)18 years for boys and girls✓
(c)21 years for girls
(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:
(a)1 and 3
(b)2 and 4✓
(c)1 and 2
(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:
(a)1, 2, 3, 4
(b)1, 4, 3, 2
(c)2, 1, 4, 3✓
(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?
(a)In India, consideration must follow from promisee only
(b)In India, consideration must follow from only promisor or only promisee
(c)In India, consideration must follow from promisor or any other person
(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:
(a)2, 4, 3, 1
(b)4, 2, 1, 3✓
(c)2, 1, 4, 3
(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
(a)same time
(b)same place
(c)same sense✓
(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:
(a)1 and 2
(b)2 and 3
(c)3 and 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:
(a)1, 3, 2, 4✓
(b)1, 3, 4, 2
(c)3, 1, 2, 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:
(a)A-4, B-3, C-2, D-1
(b)A-1, B-2, C-4, D-3
(c)A-3, B-4, C-1, D-2
(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?
(a)Novation of contract — Section 62
(b)Agreement in restraint of legal proceedings — Section 29✓
(c)Tender of performance — Section 38
(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?
(a)Every agency is partnership
(b)Every partnership is agency✓
(c)Every partnership is limited company
(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.
(a)A is liable because there was intention to create legal relation between A and B
(b)A is not liable because there was no intention to create legal relation between A and B✓
(c)B was mistaken
(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
(a)1, 2, 3, 4
(b)1, 3, 2, 4✓
(c)1, 2, 3, 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:
(a)Only (i) is correct✓
(b)Only (i) and (ii) are correct
(c)all of above are correct
(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:
(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
(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
(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✓
(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:
(a)(A) and (R) are true and (R) is correct explanation of (A)
(b)(A) and (R) are true but (R) is not correct explanation of (A)
(c)(A) is true, but (R) is false✓
(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:
(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
(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✓
(c)Every partner is liable only for acts done by him as acts of the firm done while he is a partner
(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:
(a)(A) and (R) are true and (R) is correct explanation of (A)
(b)(A) and (R) are true but (R) is not correct explanation of (A)
(c)(A) is true, but (R) is false✓
(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.
(a)X is liable for breach of contract
(b)X is liable, if Y goes to the house of X and returns without dinner
(c)X is liable for breach of contract, if Y gets dinner in hotel
(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:
(a)A-1, B-3, C-4, D-2
(b)A-2, B-4, C-1, D-3
(c)A-3, B-1, C-2, D-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?
(a)Negotiable instrument — A piece of paper
(b)Negotiability — Acquisition of property by one's own conduct
(c)Nemo dot quod — Negotiable non Instruments✓
(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?
(a)A condition can become warranty when waived by buyer
(b)A condition can become warranty when buyer accepts goods
(c)A condition can never become warranty✓
(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
(a)Meeting of minds✓
(b)Meeting of parties
(c)Meeting to discuss consideration
(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:
(a)Both (A) and (R) are true and (R) is good explanation of (A)✓
(b)Both (A) and (R) are true, but (R) is not a correct explanation of (A)
(c)(A) is true, but (R) is false
(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.
(a)The minor is liable to pay price of car and bread loaf
(b)The minor is liable to pay reasonable compensation for car
(c)The minor is liable to pay price of bread
(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:
(a)4, 3, 2, 1
(b)1, 2, 4, 3
(c)1, 4, 2, 3
(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:
(a)Every partnership is based on mutual agency✓
(b)Every agency is based on mutual partnership
(c)Every agent is a partner
(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:
(a)Both (A) and (R) are true and (R) is correct explanation of (A)
(b)Both (A) and (R) are true, but (R) is not correct explanation of (A)
(c)(A) is true, but (R) is false✓
(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:
(a)Right against the goods can be exercised only by a paid seller
(b)Right against the goods can be exercised only by an unpaid seller✓
(c)Right against the goods can be exercised only by a paid buyer
(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:
(a)A-1, B-3, C-2, D-4
(b)A-3, B-4, C-2, D-1✓
(c)A-4, B-3, C-2, D-1
(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
(a)Conditional or Unconditional
(b)Conditional but not absolute
(c)Unconditional and absolute✓
(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
(a)There is offer and acceptance only
(b)There is intention to create legal relation✓
(c)There is loss to one party
(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
(a)Agreements is in writing and registered
(b)Parties to the agreements are in near relationship
(c)Agreements is made due to natural love and affection
(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?
(a)Intimation of minimum price is proposal
(b)An agreements against public policy is voidable
(c)An agreements, the meaning of which is not certain is void✓
(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?
(a)Definition and essentials of sale — E. & S 5:02 Ruben Ltd. v. Faire Bros., (1949) 1 KB 254
(b)Formalities of sale — Drumond & Sons v. Van Ingen, (1887) 12 App. Cases 284
(c)Conditions implied by trade and usage — Peter Darlington Partners Ltd. v. Gosho Co. Ltd. (1964) 1 Lloyds Rep. 149✓
(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?
(a)The order contained in the bill of exchange may be conditional
(b)A bill of exchange must contain a request to pay
(c)Every bill of exchange is a promissory note
(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
(a)absolute and qualified
(b)partial but unqualified
(c)absolute and unqualified✓
(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:
(a)(i) and (ii) are correct
(b)(ii) and (iii) are correct✓
(c)(iii) and iv) are correct
(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
(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
(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✓
(c)the onus of proving unsoundness of mind rests upon person of unsound mind
(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:
(a)(A) and (R) are correct and (R) is correct
(b)(A) is correct, but (R) is wrong
(c)(R) is correct, but (A) is wrong
(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:
(a)1 and 2 are correct
(b)2 and 3 are correct
(c)3 and 4 are correct✓
(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
(a)1 and 2✓
(b)1 and 3
(c)2 and 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:
(a)1 and 3
(b)1 and 2
(c)3 and 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:
(a)A-4, B-2, C-3, D-1
(b)A-4, B-3, C-2, D-1✓
(c)A-3, B-4, C-2, D-1
(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:
(a)When agreement written exist on accounts of natural love and affection
(b)When the consideration is too inadequate✓
(c)Where the consideration is past one
(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:
(a)Proposal + Acceptance = promise
(b)Promise + Consideration = Agreement
(c)Agreement + Enforceability = Contract
(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:
(a)A-1, B-3, C-2, D-4
(b)A-2, B-3, C-1, D-4
(c)A-3, B-2, C-1, D-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?
(a)A director of a company as a director is a servant of the company
(b)A director is an agent of his company✓
(c)A director is not a fiduciary person of his company
(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:
(a)A-1, B-4, C-2, D-3
(b)A-3, B-2, C-4, D-1
(c)A-2, B-3, C-4, D-1
(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?
(a)Open cheques are those which cannot be directly presented to the drawee bank for payment across the counter
(b)A 16-year old girl can draw a cheque✓
(c)Indorsement is written on front of a cheque
(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?
(a)A contract is voidable because it was caused by a mistake as to any law in force in India
(b)A mistake as to law not in force in India has the same effect as a mistake of fact✓
(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
(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:
(a)It is in writing and registered
(b)Is a promise to compensate for something done
(c)It is made by two minors✓
(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:
(a)By the notice of revocation of the proposal
(b)By the lapse of a reasonable time if the time is prescribed in the proposal
(c)By acceptance of a condition precedent to acceptance
(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?
(a)A cheque is a bill of exchange, but every bill of exchange is not a cheque
(b)A cheque is always payable on demand
(c)A cheque is a conditional order from the drawer of a cheque to the drawee bank to make payment of money only✓
(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:
(a)Both (A) and (R) are correct, and (R) is correct reason for (A)
(b)(A) is correct, but (R) is wrong
(c)Both (A) and (R) are incorrect✓
(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:
(a)A-1, B-4, C-2, D-3
(b)A-4, B-1, C-2, D-3✓
(c)A-4, B-1, C-3, D-2
(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
(a)Sonia Bhatia v. State of U.P.✓
(b)LIC of India v. Pushapa P. Mansukhani
(c)Dipraich Sugar Mills Ltd.v. Mazdur Union
(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?
(a)An agreement not to do an impossible act in itself is void
(b)An agreement to do a possible act is void
(c)An Agreement to do and act impossible in itself is void✓
(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:
(a)A-1, B-2, C-4, D-3
(b)A-2, B-1, C-3, D-4✓
(c)A-2, B-3, C-1, D-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:
(a)Both (A) and (R) are wrong
(b)Both (A) and (R) are right and (R) is correct explanation of (A)✓
(c)(A) is right, but (R) is wrong
(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:
(a)A-2, B-3, C-1, D-4
(b)A-4, B-1, C-3, D-2
(c)A-1, B-4, C-2, D-3
(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?
(a)A condition is a stipulation collateral to any purpose of the contract
(b)A warranty is a stipulation collateral to any purpose of the contract
(c)When a buyer waives a warranty, it becomes a condition
(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:
(a)Both (A) and (R) are right and (R) is correct explanation of (A)
(b)(A) and (R) are wrong✓
(c)(A) is right and (R) is wrong
(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:
(a)Both (A) and (R) are right and (R) is correct explanation of (A)
(b)Both (A) and (R) are wrong✓
(c)(A) is wrong, but (R) is right
(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
(a)Bowen L.J. in Weeks v. Tybald
(b)Bowen L.J. in Carlill v. Carbolic Smoke Ball Co.✓
(c)Bowen L.J. in Lalman Shukla v. Gauri Dutt
(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:
(a)1, 2, 3 and 4 are correct
(b)Only 2, 3 and 4 are correct
(c)Only 3 and 4 are correct
(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:
(a)Both (A) and (R) are right and (R) is correct explanation of (A)
(b)Both (A) and (R) are wrong✓
(c)(A) is right, but (R) is wrong
(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:
(a)A-4, B-3, C-2, D-1
(b)A-3, B-4, C-1, D-2
(c)A-4, B-3, C-1, D-2✓
(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?
(a)A promissory note or a bill of exchange in which time for payment is specified is payable on demand
(b)If the endorser signs his name only, the endorsement is said to be "in full"
(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✓
(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:
(a)Both (A) and (R) are right and (R) is the correct explanation of (A)
(b)Both (A) and (R) are wrong✓
(c)(A) is right, (R) is wrong
(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:
(a)Both (A) and (R) are right and (R) is correct explanation of (A)
(b)Both (A) and (R) are wrong✓
(c)(A) is right and (R) is wrong
(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
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:
(a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(c)(A) is true, but (R) is false
(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?
(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
(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
(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✓
(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
(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
(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
(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
(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:
(a)A-2, B-4, C-3, D-1
(b)A-1, B-3, C-4, D-2
(c)A-3, B-1, C-4, D-2✓
(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:
(a)A-4, B-2, C-1, D-3
(b)A-3, B-1, C-2, D-4
(c)A-1, B-3, C-4, D-2
(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:
(a)A-4, B-3, C-1, D-2
(b)A-2, B-1, C-3, D-4
(c)A-2, B-1, C-4, D-3✓
(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
(a)Pollack
(b)Justice Patterson
(c)Cheshire and Fifoot
(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?
(a)Acceptance may be made in the manner prescribed or indicated by the offerer
(b)Acceptance has to be made in the manner prescribed or indicated by the offerer
(c)Acceptance has to be made in the manner prescribed or indicated by the offerer✓
(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:
(a)Both (A) and (R) are correct
(b)Both (A) and (R) are incorrect✓
(c)(A) is correct, but (R) is incorrect
(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?
(a)Notwithstanding any express contract the seller of goods is not bound to deliver them until the buyer applies for delivery
(b)Apart from any express contract, the seller of goods is not bound to deliver them until the buyer applies for delivery✓
(c)Apart from any express contract the seller of goods is bound to deliver them until the buyer applied for delivery
(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:
(a)Both (A) and (R) are correct, but (R) is not related to (A)
(b)(A) is correct, but (R) is wrong
(c)(A) is wrong, but (R) is correct
(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:
(a)1 and 3 are correct
(b)1 and 4 are correct✓
(c)2, 3 and 4 are correct
(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:
(a)3 and 4 are correct, but 1 and 2 are incorrect
(b)1 and 2 are correct, but 3 and 4 are incorrect
(c)3 is correct, but 1, 2 and 4 are incorrect✓
(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:
(a)(A) is true but (R) is false✓
(b)(A) is false but (R) is true
(c)Both (A) and (R) are true, and (R) is the correct explanation of (A)
(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:
(a)Active concealment of fact
(b)Suggestion, as a fact, of which is not true, by one who does not believe it to be true
(c)Positive assertion of unwarranted statements✓
(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:
(a)Both (A) and (R) are correct, but (R) is not related to (A)
(b)(A) is correct, but (R) is false
(c)(R) is correct, but (A) is false
(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)
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:
(a)2 and 3
(b)1 and 3✓
(c)1 and 2
(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
(a)when it is posted to him
(b)when it comes to the knowledge of the proposer✓
(c)when the letter containing acceptance is received by the proposer
(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
(a)when the promisor expresses his desire to get maximum return for his promise
(b)when the promisor performs his promise
(c)when fraud, coercion or undue influence in the formation of the contract is pleaded✓
(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
(a)an alien enemy only
(b)minors only✓
(c)lunatics and idiots only
(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:
(a)1 and 4
(b)1 and 2✓
(c)1 and 3
(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:
(a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
(b)Both (A) and (R) are true and (R) is not the correct explanation of (A)
(c)(A) is true but (R) is false
(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:
(a)Lalman Shukla v. Gauri Dutt✓
(b)Balfour v. Balfour
(c)Mcgregor v. Mcgregor
(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:
(a)(3), (1), (4), (2)
(b)(1), (3), (2), (4)
(c)(3), (1), (2), (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?
(a)A public company can be formed with a minimum of nine persons
(b)A private company can be formed with two or more persons✓
(c)Memorandum of Association is not required for registration of company
(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?
(a)A contract is frustrated where the actual and specific subject matter of the contract has ceased to exist
(b)A contract will frustrate where circumstances arise which make the performance of the contract impossible in the manner contemplated
(c)A contract which required personal performance by promisor is frustrated on the death of the promisor
(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
(a)A and C only
(b)B and D only
(c)A, C and E only✓
(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?
(a)An agreement not enforceable by law is said to be voidable✓
(b)An agreement enforceable by law is a contract
(c)Every promise and every set of promises forming the consideration for each other is an agreement
(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:
(a)A promissory note
(b)A bill of exchange
(c)An instrument payable on demand
(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:
(a)Becomes an agreement
(b)Becomes a promise✓
(c)Becomes a contract
(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?
(a)Ram Das Chakrabarti V/s Cotton Ginning Co. Ltd (1887)
(b)J.K. Enterprises V/s State of M.P. (1997)
(c)Hyde V/s Wrench (1840)
(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:
(a)A-III, B-I, C-IV, D-II
(b)A-II, B-IV, C-I, D-III✓
(c)A-IV, B-I, C-II, D-III
(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:
(a)A, C, D, B, E
(b)A, B, C, E, D✓
(c)A, C, E, D, B
(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
(a)3 4 2 1✓
(b)1 2 3 4
(c)4 2 1 3
(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?
(a)A valid promissory note
(b)An invalid promissory note✓
(c)A valid bill of exchange
(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
(a)A and B only
(b)A and C only
(c)A, B and E only✓
(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
(a)Both A and R are true and R is the correct explanation of A✓
(b)Both A and R are true but R is NOT the correct explanation of A
(c)A is true but R is false A R
(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
(a)A-I, B-II, C-III, D-IV
(b)A-II, B-IV, C-I, D-III✓
(c)A-II, B-III, C-I, D-IV
(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?
(a)A contract is created only after an offer is accepted✓
(b)A contract is created only after an offer is rejected
(c)A contract is not created after an offer is accepted
(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"?
(a)Damodara Mudaliar v/s Secretary of State for India
(b)Mohori Bibee v/s Dharmodas Ghose✓
(c)Dharmodas Ghose v/s Brahmo Dutt
(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
(a)A, B, C, D✓
(b)B, C, D, A
(c)C, D, B, A
(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
(a)A, B, D, C, E
(b)D, B, A, E, C
(c)A, D, B, C, E✓
(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
(a)Both A and R are correct and R is the correct explantion of A
(b)Both A and R are correct but R is NOT the correct explanation of A
(c)A is correct but R is not correct
(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
(a)A-II, B-III, C-I, D-IV
(b)A-IV, B-I, C-III, D-II
(c)A-I, B-II, C-IV, D-III✓
(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
(a)A-II, B-III, C-IV, D-I✓
(b)A-IV, B-II, C-I, D-III
(c)A-III, B-I, C-IV, D-II
(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?
(a)Balfour v. Balfour, (1919)
(b)Lalman Shukla v. Gauri Datt, (1913)
(c)Harvey v. Facey, (1893)✓
(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.