Legal Aspects of Business MCQs
Legal Aspects of Business MCQs
Legal Aspects of Business MCQs
c. Voidable b. Punishable
d. Illegal c. Prohlbited
454. A says to B ‘’ I shall sell my house; will you d. Illegal
buy?’’ B says, ’’yes, I will buy’’. The agreement is 462. Illegal agreements may be punishable with
void due to a. Fine
a. Uncertainty of meaning b. Imprisonment
b. Uncertainty of price c. Both (a) and (b)
c. Uncertainty of subject matter d. Any of the above
d. Uncertainty about the quality 463. All void agreements may not be illegal but all
455. A promised to pay an extra Rs 5,000 to B if illegal agreements are always void.
the horse he purchased from B proved to a. True
be lucky. The promise is b. False
a. Valid c. Partly True
b. Void d. Partly False
c. Voidable 464. An Agreement to murder a person is an
d. Enforceable example of
456. A agreed to pay a certain sum, when he a. Voidable Agreement
wishes to pay. The agreement is void on b. Illegal Agreement
grounds of c. Either (a) or (b)
a. inadequacy of consideration d. Both (a) and (b)
b. agreement to agree in future 465. No action can be taken for breach of an illegal
c. Uncertainty agreement.
d. all of the above a. True
457. A agrees with B to sell all his goods stored in b. Partly True
warehouse at Ahmedabad for Rs 50,000. The c. False
agreement is d. None of the above
a. Valid 466. “A Wagering Agreement is a promise to give
b. Void money or money’s worth upon the determination or
c. illegal ascertainment of an uncertain event”. It is a said by
d. contigent a. Anson
458. Illegal agreements are b. Pollock
a. Not enforceable by law c. Drucker
b. Prohibited d. Cockbum
c. Either (a) or (b)
d. Both (a) and (b) 467. “A Wagering Agreement is a contract by A to
459. All illegal agreements are pay money to B on the happening of a given event
a. void ab – initio in contract of B’s promise to pay money to A on the
b. valid event of non happening.” It is said by
c. voidable a. Anson
d. enforceable b. Pollock
460. All void agreements are always c. Drucker
a. illegal d. Cockbum
b. valid 468. Which of the following is not a feature of a
c. enforceable Wagering Agreement?
d. None of the above a. Chances of gain or loss
461. Void agreements are b. Uncertainty of future event
a. Not punishable c. Neither party have control over future ev
d. Neither parties should have an interest in the a. Voidable
event b. Illegal and Void
469. If either of the parties may win but cannot lose, c. Valid and Enforceable
or both may lose and can not win, it is d. Contingent
a. a Wagering Agreement 477. In India, Unauthorized Lottery is
b. not a Wagering Agreement a. Illegal
c. a Voidable Agreement b. Void
d. an illegal Agreement c. Both (a) and (b)
470. Athletic competitions are valid because they d. Neither (a) nor (b)
are 478. A, in Ahmedabad, bets with B and loses. A
a. games of skill applies to C for a loan in order to pay B. C gives the
b. just games lone to A to enable him to pay B. In this case C can
c. games of luck a. recover the loan from A
d. all of the above b. not recover the loan from A
471. Neither party should have interest in the c. C can recover the loan from B
happening or non-happening of the event other d. Either (a) or (b)
than 479. “Wagering Agreements cover Insurance
a. His goodwill Contracts also”. This statement is
b. The sum he stands to win or loss a. True
c. Neither (a) nor (b) b. Partly True
d. Both (a) and (b) c. False
472. A “Wagering Contract ‘’ is void under ……… of d. None of the above
the Indian Contract Act, 1872. 480. Share market transactions with a clear
a. Section 30 intention only to settle the price difference are
b. Section 31 a. Wagering Agreements
c. Section 32 b. Not Wagering Agreements
d. Section 33 c. Contingent Contract
473. In a Wagering Agreement, the winning party d. Voidable Agreements
cannot recover the money. 481. Share market transaction with a clear intention
a. True not only to settle the price difference but delivery of
b. Partly True shares of goods are
c. False a. Wagering Agreements
d. None of the above b. Not Wagering Agreements
474. Wagering Agreement, have been declared c. Contingent Contracts
illegal and hence void in d. Voidable Agreements
a. Gujarat 482. Prize Competitions which involve skill are
b. Maharashtra a. Wagering Agreements
c. Both (a) and (b) b. Not Wagering Agreements
d. neither (a) nor (b) c. Void Agreements
475. In the State of Karnataka, Collateral d. Voidable Agreements
Transactions to a Wagering Agreement are 483. Any agreements to solve picture puzzles are
a. Voidable a. Wagering Agreements
b. Illegal and Void b. Not Wagering Agreements
c. Valid c. Void Agreements
d. Contingent d. Voidable Agreements
476 .In the States of Gujarat and Maharashtra, 484. Which of the following is competition
collateral Transaction to a Wagering Agreement are
a. Prize competitions exceeding Rs 1000 is b. Maintenance
wagering c. Stifling agreement
b. Horse race agreements are always unlawful d. Interference with course of justice
c. An agreement in restraint of legal proceedings 492. An agreement whereby one party assists
is valid another in recovering money or property and, in
d. All of the above turn share in the proceeds of the action is called
485. Which of the following is correct? a. Champerty
a. Prize competition for horse race exceeding Rs b. Maintenance
100 is wagering c. Stifling with Prosecution
b. Prize competitions for horse race exceeding d. Traficking the public office
Rs 100 is wagering 493. A agrees to pay B Rs 15,000 for suing
c. Prize competitions exceeding Rs 1000 is C and in turn seeking 50 per cent share in
wagering the proceeds received by B in the suit, This
d. Both (a) and (b) is an example of
486. A contract entered into during war with an a. Stifling with Prosecution
alien enemy is b. Champerty
a. Ineffective c. Maintenance
b. Valid d. Interfere with course of justice
c. Voidable 494. An agreement in restraint of Parental Right is
d. Void-ab-initio a. Enforceable
487. A contract entered into during war with an b. valid
alien friend is c. voidable
a. Ineffective d. void
b. Valid 495. Agreements which restricts freedom of
c. Voidable persons are
d. Void-ab-initio a. void
488. Which of these are not opposed to public b. against public policy
Policy? c. both (a) and (b)
a. Trading with enemy d. Neither (a) nor (b)
b. Stifling Prosecution 496. Marriage Brokerage Contracts are
c. Compromise of compoundable offences a. Enforceable
d. Agreement to commit a crime b. Valid
489. Which of these are not opposed to public c. Void
Policy? d. voidable
a. Champerty and Maintenance agreements 497. An agreement in which a person promises, for
b. Agreements in restraint of parental rights a monetary consideration, to procure the marriage
c. Agreements in restraint of marriage of another is
d. Agreements to refer disputes to arbitration a. Enforceable
490. Which of these are opposed to public policy? b. Void
a. Restraint of marriage c. Valid
b. Restraint of personal freedom d. Voidable
c. Interference with course of Justice 498. A promises to pay B Rs 50,000 if B secures
d. All of the above him an employment in the public service. The
491. Where a person agrees to maintain a suit, in agreement is
which he has no interest, the proceeding is known a. Enforceable
as b. Void
a. Champerty c. Valid
.
6. d 7. c 8. d 9.b 10 . b
117. a 118. d 119. d 120. c 121. c 241.d 242.c 243.b 244.d 245.b
122. a 123. a 124. c 125. d 126.d 246.a 247.a 248.b 249. b 250. d
127. b 128. d 129.c 130.c 131.a 251.d 252.d 253.c 254.c 255.b
132.c 133.b 134.b 135.d 136.d 256.b 257.c 258.c 259.a 260.b
137.d 138.d 139. b 140. b 141. c 261.a 262.d 263.b 264.a 265.c
142. a 143.c 144.b 145.c 146.d 267.b 268.c 269.c 270.a 271.a
147.d 148.b 149.c 150.b 151.d 272.b 273.a 274.d 275.c 276.b
152.c 153.d 154.b 155.c 156.d 277.a 278.a 279.c 280.a 281.b
157.d 158.a 159.c 160.c 161.d 282.a 283.c 284.d 285. b 286.c
162.d 163.b 164.a 165.c 166.d 287. a 288.a 289.d 290.b 291.d
182. c 183. c 184. c 185. c 186. a 306.c 307.b 308.c 309.b 310.b
187. c 188. c 189. a 190. b 191. d 311.d 312.c 312 b 314.c 315.b
192. a 193. b 194. b 195.c 196.c 316.b 317.c 318.c 319.a 320.c
197. b 198. c 199. b 200. d 201. d 321.d 322.c 323.c 324.d 325.a
202. d 203.a 204.c 205.b 206.a 326.a 327.d 328.d 329.c 330.d
207.d 208.d 209.c 210.d 211.b 331.b 332.b 333.a 334.c 335.d
212.a 213.c 214.d 215.b 216.d 336.c 337.c 338.b 339.a 340.d
.
341.d 342.c 343.b 344.c 345.b 462. d 463. a 464. b 465. a 466. a
346.c 347.d 348.a 349.d 350.d 467. d 468. d 469. b 470. a 471. b
351. d 352. c 353. a 354. b 355. a 472. a 473. a 474. c 475. c 476. b
356. a 357. d 358. d 359. d 360. d 477. c 478. b 479. c 480. a 481. b
361. d 362. a 363. d 364. a 365. b 482. b 483. b 484. a 485. d 486. d
366. b 367. b 368. a 369. d 370. a 487. b 488. c 489. d 490. d 491. b
371. c 372. b 373. b 374. d 375. c 492. a 493. b 494. d 495. c 496. c
376. a 377. a 378. a 379. a 380. d
497. b 498. b 499. b 500. d 501. c
381. d 382. b 383. d 384. a 385. a
502. b 503. a 504. c 505. d 506. b
386. c 387. d 388. d 389. b 390. a
507. d 508. a 509. c 510. d 511. a
391. d 392. c 393. d 394. a 395. d
512. a 513. d 514. c 515. d 516. c
396. d 397. c 398. b 399. b 400. a
517. a 518. c 519. c 520. b 521. a
401. b 402.d 403. c 404. a 405. a
522. a 523. b 524. a 525. a 526. c
406. a
527. c 528. b 529. a 530. c 531. d
412. a 413. c 414. d 415. b 416. b 542. c 543. a 544. d 545. b 546. b
417. c 418. a 419. a 420. b 421. c 547. a 548. b 549. b 550. b 551. d
422. c 423. d 424. c 425. a 426. b 552. c 553. c 554. d 555. a 556. c
427. d 428. d 429. b 430. a 431. b 557. b 558. a 559. d 560. a 561. d
452. c 453. b 454. b 455. b 456. c 577. c 578. a 579. d 580. d 581. d
457. a 458. d 459. a 460. d 461. a 582. d 583. d 584. d 585. d 586. c
587. a 588. b 589. c 590. a 591. d 713. a 714. a 715. b 716. a 717. c
592. d 593. d 594. c 595. a 596. c 718. a 719. c 720. a 721. c 722. d
597. c 598. a 599. a 600. c 601. a 723. b 724. c 725. d 726. b 727. b
602. c 603. d 604. b 605. a 606. d 728. b 729. d 730. c 731. a 732. d
607. a 608. a 609. a 610. b 611. b 733. a 734. b 735. c 736. d 737. a
627. a 628. a 629. a 630. b 631. c 744. a 745. d 746. c 747. c 748. c
632. d 633. a 634. a 635. a 636. a 749. c 750. d 751. c 752. c 753. c
PART-2
1. Which the following strikes only at document and not transactions?
A. The Transfer of Property Act, 1882
B. The Registration Act, 1908
C. both (A) and (B)
D. None of these
Ans. (B)
2. A stipulation in a bond for payment of compound interest on failure to pay simple
interest at the same rate as was payable upon the principal is not a penalty within the
meaning of:
A. Section 74 of the Indian Contract Act, 1872
B. Section 75 of the Indian Contract Act, 1872
C. Section 76 of the Indian Contract Act, 1872
D. None of these
Ans. (A)
3. A sub-bailee is a person to whom the actual possession of goods is transferred by
someone:
A. who is not himself not an owner of goods
B. who has a present right to possession of them as bailee of the owner
C. both (A) and (B)
D. None of these
Ans. (C)
4. A successful plaintiff in an action for detenue, is, therefore entitled to the return of
the goods or recovery of its value and damages for detention and is entitled to have
been assessed separately:
A. the value of the goods at the date of the assessment
B. damages sustained by him up to that date
C. both (A) and (B)
D. None of these
Ans. (C)
5. A supplies B, a lunatic, with necessaries suitable to his condition in life.
A. A is entitled to be reimbursed from B’s property
B. A is not entitled to be reimbursed from B’s property
C. A is entitled to be given a share in B’s property
D. None of these
Ans. (A)
6. A supplies the wife and children of B, a lunatic, with necessaries suitable to their
condition in life.
A. A is entitled to be reimbursed from B’s property
B. A is not entitled to be reimbursed from B’s property
C. A is entitled to be given a share in B’s property
D. None of these
Ans. (A)
7. A supports B’s infant son. B promise to pay A’s expenses in so doing.
A. This is not a contract
B. This is a contract
C. either (A) or (B)
D. None of these
Ans. (B)
8. A surety is discharged if the creditor, without consent, unconditionally releases
the principal-debtor; the reason for this principle being that:
A. The release extinguishes the principal obligation
B. Such release adversely affects the right of the surety to sue the principal-debtor and deprives the
surety of his right to compel the debtor to perform his own obligation to the creditor
C. both (A) and (B)
D. None of these
Ans. (C)
9. A transaction by which A promised to pay B and C for consideration during their
joint lives and after the death of one of them, to the survivor, the consideration
moved from B but the agreement was signed by all three, i.e., A, B and C.
A. There was privity between A and B but not with C
B. There was privity between A and C but not with B
C. There was privity between A on one side and B and C on the other
D. None of these
Ans. (C)
10. A undertakes to deliver a thousand maunds of jute to B on a fixed day Applying
Section 47, Indian Contract Act:
A. A need not apply to B to appoint a reasonable place for the purpose of receiving it, and must
deliver it to him at such place
B. A must apply to B to appoint a reasonable place for the purpose of receiving it, and can choose to
later change the place
C. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver
it to him at such place
D. None of these
Ans. (C)
11. A undertakes to repay B a loan of Rs.1,000 by five equal monthly instalments with
a stipulation that, in default of payment of any instalment, the whole shall become
due.
A. This stipulation is by way of penalty, and the contract cannot be enforced according to its terms
B. This stipulation is not by way of penalty, and the contract cannot be enforced according to its
terms
C. This stipulation is not by way of penalty, and the contract may be enforced according to its terms
D. None of these
Ans. (C)
12. A, a builder, contracts to erect and finish a house by the first of January, in order
that B may give possession of it at that time to C, to whom B has contracted to let it. A
is informed of the contract between B and C. A builds thehouse so badly that, before
the first of January, it falls down and has to be rebuilt by B, who in consequence,
loses the rent which he was to have received from C, and is obliged to make
compensation to C for the breach of his contract.
A. A must make compensation to B for the cost of rebuilding the house
B. A must make compensation to B for the rent lost
C. A must make compensation to B for the compensation made to C
D. All of them
Ans. (D)
13. A, a decree-holder, and entitled to execution of B’s goods, requires the officer of
the court to seize certain goods, representing them to be the goods of B. The officer
seizes the goods, and issues by C, the true owner of the goods.
A. A is not liable to indemnify the officer for the sum which he is compelled to pay to C, in
consequence of obeying A’s directions
B. A is partially liable to indemnify the officer for the sum which he is compelled to pay to C, in
consequence of obeying A’s directions
C. A is liable to indemnify the officer for the sum which he is compelled to pay to C, in consequence
of obeying A’s directions
D. None of these
Ans. (C)
14. A, a man enfeebled by disease or age, is induced, by B’s influence over him as his
medical attendant, to agree to pay B an unreasonable sum for his professional
services.
A. B did not employs undue influence
B. B employs undue influence
C. either (A) or (B)
D. None of these
Ans. (B)
15. A, a merchant in Calcutta, has an agent, B, in London to whom a sum of money is
paid on A’s account, with orders to remit. B retains the money for considerable time.
A, in consequence of not receiving the money, becomes insolvent.
A. B is not liable for the money and interest, from the day on which it ought to have been paid,
according to the usual rate
B. B is liable for any further direct loss – as e.g. by variation of rate of exchange
C. B is liable for the money and interest, from the day on which it ought to have been paid,
according to the usual rate, and for any further direct loss – as e.g. by variation of rate of exchange
– but not further
D. None of these
Ans. (C)
16. A, a merchant in England, directs B, his agent or Bombay, who accepts the agency,
to send him 100 bales of cotton by a certain ship. B, having it in his power to send the
cotton, omits to do so. The ship arrives safely in England. Soon after her arrival, the
price of cotton rises.
A. B is not bound to make good to A profit which he might have made by 100 bales of cotton at the
time the ship arrived
B. B is bound to make good to A any profit he might have made by the subsequent rise
C. B is bound to make good to A profit which he might have made by 100 bales of cotton at the time
the ship arrived. But not any profit he might have made by the subsequent rise
d. None of these
Ans. (C)
17. A, a money-lender advances Rs.100/- to B, an agriculturist, and by undue
influence, induces B to execute a bond for Rs.200/- with interest at 6 per cent per
month.
A. The Court will not set the bond aside and not take any legal action against B
B. The Court may set the bond aside, ordering B to repay the Rs. 100/- with such as may seem just
C. either (A) or (B)
d. None of these
Ans. (B)
18. A, a ship-owner, contracts with b to convey him from Calcutta to Sydney in A’s
ship, sailing on the first of January, and B pays to A, by way deposit, one-half of his
passage money. The ship does not sail on the first of January and B, after being, in
consequence, detained in Calcutta for some time, and thereby put to some expense,
proceeds to Sydney in another vessel, and, in consequence, arriving too late in
Sydney, loses a sum of money.
A. A is liable to repay to B his deposit, with interest and the expense to which he is put by his
detention in Calcutta, and the excess, if any, of the passage-money paid for the second ship over
that agreed upon the first
B. A is liable to repay to B his deposit, with interest and the expense to which he is put by his
detention in Calcutta, and the excess, if any, of the sum of money which B lost by arriving in Sydney
too late
C. A is liable to repay to B his deposit, with interest and the excess, if any, of the passage-money
paid for the second ship over that agreed upon the first, but not the sum of money which B lost by
arriving in Sydney too late
D. None of these
Ans. (A)
19. A, a signer, contracts with B, the manager of a theatre for two nights in every
week during the next two months, and B engages to pay her a hundred rupees for
each night’s performance. On the sixth night, A willfully absents herself from the
theatre, and B, in consequence rescinds the contract.
A. B must pay A for the three nights on which she had sung
B. B must pay A for the four nights on which she had sung
C. B must pay A for the five nights on which she had sung
d. None of these
Ans. (C)
20. A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for
two nights in every week during the next two months, and B engages to pay her 100
rupees for each night’s performance. On the sixth night, A wilfully absents herself
from the theatre, and B, in consequence, rescinds the contract.
A. B is not entitled to claim compensation the damage which he has sustained through the non-
fulfilment of the contract
B. B is entitled to claim compensation the damage which he has sustained through the non-
fulfilment of the contract
C. A is entitled to claim compensation the damage which she has sustained due to the rescinding of
the contract by B.
D. None of these
Ans. (B)
21. A, a singer, enters into a contract with B, the manager of a theatre, to sing at his
theatre two nights in every week during the next two months, and B engages to pay
her 100 rupees for each night’s performance. On the sixth night A willfully absent
herself from the theatre.
A. B is at liberty to put an end to the contract
B. B cannot put an end to the contract
C. either (A) or (B)
D. None of these
Ans. (A)
22. A, a singer, enters into a contract with B, the manager of a theatre, to sing at his
theatre two nights in every week during the next two months, and B engages to pay
her at the rate of 100 rupees for each night. On the sixth night A wilfully absents
herself. With the assent of B, A sings on the seventh night.
A. B has signified his acquiescence in the continuance of the contract, and cannot now put an end
to it, but is entitled to compensation for the damage sustained by him through A’s failure to sing on
the sixth night
B. B has signified his acquiescence in the continuance of the contract, and but can still put an end
to it, but is entitled to compensation for the damage sustained by him through A’s failure to sing on
the sixth night
C. B has signified his acquiescence in the continuance of the contract, and cannot now put an end
to it, but is not entitled to compensation for the damage sustained by him through A’s failure to
sing on the sixth night
D. None of these
Ans. (A)
23. A, a tradesman, leaves goods at B’s house by mistake. B treats the goods as his
own.
A. He is not bound to pay A for them
B. He is bound to pay partially A for them
C. He is bound to pay A for them
D. None of these
Ans. (C)
24. A, an agent engaged in carrying on for B a business, inwhich it is the custom to
invest from time-to-time, at interest, the moneys which may be in hand, omits to
make such investments.
A. A need not make good to B the interest usually obtained by such investments
B. A can partially make good to B the interest usually obtained by such investments
C. A must make good to B the interest usually obtained by such investments
D. None of these
Ans. (C)
25. A, an agent for the sale of goods, having authority to sell on credit, sells to B on
credit, without making the proper and usual inquires as to the solvency of B. B at the
time of such sale is insolvent.
A. A need not make compensation to his principal in respect of any loss thereby sustained
B. A can partially make compensation to his principal in respect of any loss thereby sustained
C. A must make compensation to his principal in respect of any loss thereby sustained
D. None of these
Ans. (C)
26. A, an insurance broker, employed by B to effect an insurance on a ship, omits to
see that usual clauses are inserted in the policy. The ship is afterwards lost. In
consequence of the omission of the clauses nothing can be recovered from the
underwriters.
A. A is not bound to make good the loss to B
B. A is bound to partially make good the loss to B
C. A is bound to make good the loss to B
D. None of these
Ans. (C)
27. A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B.
Afterwards, C obtains from B a further security for the same debt. Subsequently, C
gives up the further security.
A. A is partly discharged
B. A is discharged
C. A is not discharged
D. None of these
Ans. (C)
28. A, at Madras, by letter directs B to sell for him some cotton lying in a warehouse
in Bombay, and afterwards, by letter revokes his authority to sell, and directs, B to
send, the cotton to Madras, B, after receiving the second-letter, enters into a contract
with C, who known of the first letter, but not of the second for the sale to him of the
cotton. C pays B the money, with which B absconds.
A. C’s payment is not good as against A
B. C’s payment is good as against A
C. either (A) or (B)
D. None of these
Ans. (B)
29. A owns a shop in Serampur, living himself in Calcutta, and visiting the shop
occasionally. The shop is managed by B, and he is in the habit of ordering goods from
C in the name of A for the purposes of the shop, and of paying for them out of A’s
funds without A’s knowledge.
A. B has no implied authority from A to order goods from C in the name of A for the purposes of the
shop
B. B has an implied authority from A to order goods from C in the name of A for his own purposes
C. B has an implied authority from A to order goods from C in the name of A for the purposes of the
shop
D. None of these
Ans: C
30. A contracts to indemnify B against the consequences of any proceedings which C
may take against B in respect of a certain sum of 200 rupees.
A. This is contract of indemnity
B. This is not a valid contract of indemnity
C. This is contract of stipulation
D. None of these
Ans: A
31. A contracts to marry B, being already married to C, and being forbidden by the
law to which he is subject to practice polygamy. This causes loss to B
A. A need not make compensation to B for the non-performance of his promise
B. A must make compensation to B for the non-performance of his promise
C. Either (A) or (B)
D. None of these
Ans: B
32. A contracts to pay B a sum of money when B marries C. C dies without being
married to B.
A. The contract still can be forced
B. The contract becomes void
C. Either (A) or (B)
D. None of these
Ans: B
33. A contracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be
paid on delivery. A breaks his promise.
A. B is not entitled to receive from A, by way of compensation, the sum, if any, by which the
contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of
like quality at the time when the saltpetre ought to have been delivered
B. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract
price does not fall short of the price for which B might have obtained 50 maunds of saltpetre of like
quality at the time when the saltpetre ought to have been delivered
C. B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract
price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality
at the time when the saltpetre ought to have been delivered
D. None of these
Ans: C
34. A contracts to sell and deliver to B, on the first of January, certain cloth which B
intends to manufacture into caps of a particular kind, for which there is not demand,
except at that season. The cloth is not delivered till after the appointed time, and too
late to be used that year in making the caps.
A. B is entitled to receive from A, by way of compensation, the difference between the contract price
of the cloth and its market price at the time of delivery
B. B is entitled to receive from A, by way of compensation, the difference between the contract price
of the cloth and the profits which he expected to obtain by making caps
C. B is entitled to receive from A, by way of compensation, the difference between the contract price
of the cloth and the expenses which he has been put to in making preparation for the manufacture
D. None of these
Ans: A
35. A contracts to take in cargo for B at a foreign port. A’s Government afterwards
declares war against the country in which the port is situated.
A. The contract cannot become void when war is declared
B. The contract becomes partly void when war is declared
C. The contract becomes void when war is declared
D. None of these
Ans: C
36. A contracts with B that, if A practices as a surgeon within Calcutta, he will pay B
Rs. 5,000. A practices as a surgeon in Calcutta.
A. B is entitled to such compensation, not exceeding Rs. 3,000 as the Court considers reasonable
B. B is entitled to such compensation, not exceeding Rs. 4,000 as the Court considers reasonable
C. B is entitled to such compensation, not exceeding Rs. 5,000 as the Court considers reasonable
D. None of these
Ans: C
37. A contracts with B to deliver to him, at a specified price, certain merchandise on
board a ship which cannot arrive for a month, and B engages to pay for the
merchandise within a week from the date of the contract. B does not pay within a
week.
A. A’s promise to deliver and need not be performed
B. A’s promise to deliver and needs to be performed
C. B must make compensation
D. Both (A) and (C)
Ans: D
38. A contracts with B to grow a crop of indigo on A’s land and to deliver it to B at a
fixed rate, and C guarantees A’s performance of this contract. B diverts a stream of
water which is necessary for irrigation of A’s land, and thereby prevents him from
raising the indigo.
A. A is liable on his guarantee
B. A is partly liable on his guarantee
C. A is no longer liable on his guarantee
D. None of these
Ans: C
39. A contracts with B to repair B’s house. B neglects or refuses to point out to A the
places in which his house requires repair.
A. A is excused for the non-performance of the contract if it is caused by such neglect or refusal
B. A cannot be excused for the non-performance of the contract even if it is caused by such neglect
or refusal
C. B is excused for his negligence or refusal to point out to A the places in which his house requires
repair
D. None of these
Ans: A
40. A delivers a rough diamond to B, a jeweller, to be cut and polished, which is
accordingly done.
A. B is not entitled to retain the stone till he is paid for the services he has rendered
B. B is entitled to retain the stone till he is not paid for the services he has rendered
C. B is entitled to retain the stone till he is paid for the services he has rendered
D. None of these
Ans: C
41. A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post.
A. The debt is discharged only when A receives the due amount
B. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed
to A
C. Either (A) or (B)
D. None of these
Ans: B
42. A directs B to sell A’s estate. B boys the estate for himself in the name of C. A, on
discovering that B has bought the estate for himself, may repudiate the sale:
A. If he can show that B has dishonestly concealed any material fact
B. If he can show that the sale has been disadvantageous to him
C. Either (A) or (B)
D. None of these
Ans: C
43. A directs B, his agent, to buy a certain house for him. . B tells A it cannot be
bought, and buys the house for himself.
A. A cannot, on discovering that B has bought the house, compel him to sell it to A at the price he
gave for it
B. A can, on discovering that B has bought the house, file a suit against him
C. A may, on discovering that B has bought the house, compel him to sell it to A at the price he gave
for it
D. None of these
Ans: C
44. A directs B, his solicitor, to sell his estate by auction, and so employ an auctioneer
for the purpose. B names C, an auctioneer, to conduct the sale.
A. C is a sub-agent, and A’s sub-agent for the conduct of the sale
B. C is not a sub-agent, but B’s agent for the conduct of the sale
C. C is not a sub-agent, but A’s agent for the conduct of the sale
D. None of these
Ans: C
45. A employs B to beat C, and agrees to indemnify him against all consequence of the
act. B thereupon beats C, and to pay damages to C for so doing.
A. A is liable to indemnify B for those damages
B. A is partially liable to indemnify B for those damages
C. A is not liable to indemnify B for those damages
D. None of these
Ans: C
46. A employs B to recover 100,000 rupees from C, and to lay it out on good security.
B recovers 1,00,000 rupees and lays out 90,000 rupees on good security, but lays out
10,000 rupees, on security which he ought to have known to be bad, whereby A loses
2,000 rupees.
A. B is not entitled to remuneration for recovering the 1,00,000 rupees and for investing the
90,000 rupees. He is entitled to any remuneration for investing the 10,000 rupees, and he must
make good the 2,000 rupees to B
B. B is entitled to remuneration for recovering the 1,00,000 rupees and not for investing the
90,000 rupees. He is entitled to any remuneration for investing the 10,000 rupees, and he must
make good the 2,000 rupees to B
C. B is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000
rupees. He is not entitled to any remuneration for investing the 10,000 rupees, and he must make
good the 2,000 rupees to B
D. None of these
Ans: C
47. A engages B as clerk to collect money for him. B fails to account for some of his
receipts, and A in consequence calls upon him to furnish security for his duly
accounting. A does not acquaint C with B’s previous conduct. B afterwards makes
default.
A. The guarantee is not invalid
B. The guarantee is partly invalid
C. The guarantee is invalid
D. None of these
Ans: C
48. A entrusts B with negotiable instrument endorsed in blank. B sells them to C in
violation of private orders from A.
A. The sale is not good
B. The sale is partly good
C. The sale is good
D. None of these
Ans: C
49. A fraudulently inform B that A’s estate is free from encumbrance. B thereupon
buys the estate. The estate is subject to a mortgage.
A. B may avoid the contract
B. B may insist on its being carried out, and the mortgage- debt redeemed
C. Either (A) or (B)
D. None of these
Ans: C
50. A gives a recognizance binding him in a penalty of Rs. 500 to appear in Court on a
certain day. He forfeits his recognizance.
A. He is not liable to pay the penalty
B. He is liable to partially pay the penalty
C. He is liable to pay the whole penalty
D. None of these
Ans: C
51. A gives B a bond for the repayment of Rs. 1,000 with interest at 12 percent at the
end of six months, with a stipulation that, in case of default, interest shall be payable
at the rate of 75 percent from the date of default. This is a stipulation by way of
penalty.
A. B is only entitled to recover from A such compensation as the Court considers reasonable
B. B is only entitled to recover from A such compensation he considers reasonable
C. B is not entitled to recover from A such compensation
D. None of these
Ans: A
52. A gives to C a continuing guarantee to the extent of 3,000 rupees for any oil
supplied by C to B on credit. Afterwards B becomes embarrassed, and, without the
knowledge of A, B and C contract that C shall continue to supply B with oil for ready
money, and that the payments shall be applied to the then, existing debts between B
and C.
A. A is liable on his guarantee for any goods supplied after this new arrangement
B. A is not liable on his guarantee for any goods supplied after this new arrangement
C. A is partly liable on his guarantee for any goods supplied after this new arrangement
D. None of these
Ans: B
53. A guarantees C against the misconduct of B in an office to which B is appointed by
C, and of which the duties are defined by an Act of the Legislature. By a subsequent
Act the nature of the office is materially altered. Afterwards, B misconduct’s himself.
A. A is not discharged by the change from future liability under the guarantee, though the
misconduct of B is in respect of a duty not affected by the later Act
B. A is discharged by the change from future liability under the guarantee, though the misconduct
of B is in respect of a duty affected by the later Act
C. A is discharged by the change from future liability under the guarantee, though the misconduct
of B is in respect of a duty not affected by the later Act
D. None of these
Ans: C
54. A guarantees payment to B, a tea-dealer, to the amount of Rs. 100, for any tea he
may from time to time supply to C. B supplies C with tea to above the value of Rs. 100,
and C pays B for it. Afterward B supplies C with tea to the value of Rs. 200. C fails to
pay.
A. The guarantee given by A was not a continuing guarantee, and he is not accordingly liable to b to
the extent of Rs. 100
B. The guarantee given by A was a continuing guarantee, and he is also liable to B to the extent of
Rs. 200
C. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the
extent of Rs. 100
D. None of these
Ans: C
55. A guarantees to B, the extent of 10,000 rupees, that C shall pay all the bills that B
shall draw upon him. B draws upon C, C accepts the bill. A gives notice of revocation.
C dishonors the bill at maturity.
A. A is liable upon his guarantee
B. A is not liable upon his guarantee
C. A is partly liable upon his guarantee
D. None of these
Ans: A
56. A guarantees to C, to the extent of 2,000 rupees, payment for rice to be supplied
by C to B. C supplies to B rice to a less amount than 2,000 rupees but obtains from A
payments of the sum of 2,000 rupees in respect of the rice supplied.
A. A can recover from B more than the price of the rice actually supplied
B. A can recover from B only the price of the rice actually supplied
C. A cannot recover from B more than the price of the rice actually supplied
D. None of these
Ans: C
57. A having advanced money to his son, B, during his minority, upon B’s coming of
age obtains, by misue of parental influence, a bond from B for a greater amount than
the sum due in respect of the advance.
A. A did not employ undue influence
B. A employs undue influence
C. Either (A) or (B)
D. None of these
Ans: B
58. A hires a horse in Calcutta from B expressly to march to Benaras. A rides with
due care, but marches to Cuttack instead. The horse accidentally falls and is injured.
A. A is not liable to make compensation to B for the injury to the horse
B. A is partially liable to make compensation to B for the injury to the horse
C. A is liable to make compensation to B for the injury to the horse
D. None of these
Ans: C
59. A hires B’s ship to take in and convey, from Calcutta to the Mauritius, a cargo to
be provided by A, B receiving a certain freight for its conveyance. A does not provide
any cargo for the ship.
A. A cannot claim the performance of B’s promise
B. A must make compensation to B for the loss which B sustains by the non-performance of the
contract
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
60. A is employed by B by buy from C certain goods, of which C is the apparent
owner, and buys them accordingly. In the course of the treaty for the sale. A learns
that the goods really belonged to D, but B is ignorant of that fact.
A. B is entitled to set-off a debt owning to him from C against the price of the goods
B. B is partially entitled to set-off a debt owning to him from C against the price of the goods
C. B is not entitled to set-off a debt owning to him from C against the price of the goods
D. None of these
Ans: C
61. A is employed by B, residing in London, to recover at Bombay a debt due to B.
A. A may adopt any illegal process necessary for the purpose of recovering the debt, and may give a
valid discharge for the same
B. A may not adopt any legal process necessary for the purpose of recovering the debt, and may
give a valid discharge for the same
C. A may adopt any legal process necessary for the purpose of recovering the debt, and may give a
valid discharge for the same
D. None of these
Ans: C
62. A leaves a cow in the custody of B to be taken care of. The cow has a calf.
A. B is not bound to deliver the calf but the cow to A
B. B is bound to deliver the calf but not the cow to A
C. B is bound to deliver the calf as well as the cow to A
D. None of these
Ans: C
63. A lends a horse, which he knows to be vicious, to B. He does not disclose the fact
that the horse is vicious. The horse runs away. B is thrown and injured.
A. A is not responsible to B for damage sustained
B. A is partly responsible to B for damage sustained
C. A is responsible to B for damage sustained
D. None of these
Ans: C
64. A makes a contract with B to buy B’s horse if A survives C.
A. This contract cannot be enforced by law unless and until A dies in C’s lifetime
B. This contract cannot be enforced by law unless and until C dies in A’s lifetime
C. This contract can be enforced by law during C and A’s lifetime
D. None of these
Ans: B
65. A owes B 1,000 rupees under a contract. B owes B 1,000 rupees. B order A to
credit C with 1,000 rupees in his books, but C does not assent to the arrangement.
A. B does not owes C 1,000 rupees, as new contract has been entered into
B. B still owes C 1,000 rupees, even though a new contract has been entered into
C. B still owes C 1,000 rupees, and no new contract has been entered into
D. None of these
Ans: C
66. A owes B 2,000 rupees, B accepts some of A’s goods in reduction of the debt.
A. The delivery of the goods operates as a part payment
B. The delivery of the goods does not amount to part payment
C. Either (A) or (B)
D. None of these
Ans: A
67. A owes B 5,000 rupees. C pays to B 1,000 rupees and B accepts them, in
satisfaction of his claim on A.
A. This payment is a partial discharge of the whole claim
B. This payment is not a discharge of the whole claim
C. This payment is a discharge of the whole claim
D. None of these
Ans: C
68. A owes B, among other debts, 1,000 rupees upon a promissory note, which falls
due on the first June. He owes B no other debt of that amount. On the first June A
pays to B 1,000 rupees.
A. The payment is to be applied equally to all the debts owed by A
B. The payment is to be applied to the discharge of the promissory note
C. Either (A) or (B)
D. Both (A) and (B)
Ans: B
69. A owes money to B under a contract. The old debt of A to B is at an end. It is
agreed between A, B and C, that B shall thenceforth accept C as his debtor instead of
A.
A. New debt from C to B has been contracted
B. New debt from A to C has been contracted
C. Either (A) or (B)
D. None of these
Ans: A
70. Section 75 of the Indian Contract Act, 1872 must be read as supplementary to
_____________
I. Section 39 of the Indian Contract Act, 1872
II. Section 53 of the Indian Contract Act, 1872
III. Section 55 of the Indian Contract Act, 1872
IV. Section 64 of the Indian Contract Act, 1872
V. Section 65 of the Indian Contract Act, 1872
A. II, III, IV
B. IV, V
C. I, V
D. All of them
Ans. (D)
71. Severance can be effected when the part severed can be removed by running a
through it.
A. blue pencil
B. white pencil
C. black pencil
D. None of these
Ans. (A)
72. Since a contract is concluded by the mere acceptance of an offer, the terms of the
intended or proposed agreement must be indicated with sufficient definiteness in the
offer itself. The terms of the offer must therefore be definite and certain. Which of
the following cases held that the proposal must be sufficiently definite to permit the
conclusion of the contract by mere acceptance?
A. Coffee Board Bangalore v. Janab Dada Haji Ibrahim Halari
B. Gorakh Nand Yadav v. District Magistrate, Gorakhpur
C. Sanwarmal Goenka v. Soumyendra Chandra Gooptu
D. Nandganj Sihori Sugar Co. Ltd., v. Badri Nath Dixit
Ans. (A)
73. Subject to a contract between the partners, the firm shall indemnify a partner in
respect to payments made and liabilities incurred by him:
A. in the ordinary and proper conduct of the business
B. in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be
done by a person of ordinary prudence, in his own case, under similar circumstances
C. both (A) and (B)
D. None of these
Ans. (C)
74. Sub-section 1 of Section 16 of Indian Contract Act, 1872 requires the Court trying
a case to consider which of the following?
A. Are the relations between the donor and the done such that the done is in a position to dominate
the will of the donor?
B. Has the done use that position to obtain an unfair advantage over the donor?
C. either (A) or (B)
D. both (A) and (B)
Ans. (D)
75. Sub-section of which of the following Section of the Indian Contract Act, 1872
shall not affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of
1872)?
A. Section 7
B. Section 16
C. Section 20
D. None of these
Ans. (B)
76. Suit by bailor or bailee against wrong-doer is dealt under which of the following
in the Indian Contract Act, 1872?
A. Section 176
B. Section 179
C. Section 180
D. Section 178
Ans. (C)
77. Termination of an agency with public authority or a public body may attract
judicial intervention in writ petition:
A. If the termination be unreasonable
B. If the termination be arbitrary
C. If the termination be unconscionable
D. All of them
Ans. (D)
78. Terms of contract relate to statements, assertions, or representations contained
in a written contract which relate to the subject matter of the contract and:
A. to something to be done
B. to something not be done under the contract
C. has no application to a provision in the nature of a condition precedent to the very existence or
formation of a contract
D. All of them
Ans. (D)
79. The acts or omission contemplated by S. 134 of the Indian Contract Act, 1872, may
be those referred to in of the Indian Contract Act:
I. Section 39
II. Section 53
III. Section 54
IV. Section 55
V. Section 63
VI. Section 67
A. II, III, IV
B. IV, V
C. I, VI
D. All of them
Ans. (D)
80. The agency extends to receiving notice on behalf of his principal of whatever is
material to be stated in the course of the proceedings. For this rule to operate:
I. the agent must be under a duty to communicate
II. the information must be material
III. it must have been obtained in the course of business for which the agent has been engaged
IV. the agent is not privy to a fraud on the principal
A. I, II
B. II, IV
C. Ill, IV
D. All of them
Ans. (D)
81. The agency type described in S. 202 of the Indian Contract Act, 1872:
A. cannot be revoked by the principal
B. it cannot be terminated by the death, unsoundness of mind or insolvency of the principal
C. either (A) or (B)
D. None of these
Ans. (C)
82. The agent may be disentitled to relief under S. 226 of the Indian Contract Act,
1872:
A. If the injury was due to his own contributory negligence
B. If the injury is on the ground of common employment
C. either (A) or (B)
D. None of these
Ans. (C)
83. The application of the principles in Section 45 of the Indian Contract Act, 1872
may be excluded by statutes, especially those relating to securities, which provides
that:
A. securities payable to one or more persons jointly shall, on death of any of them, be payable to the
survivor or survivors
B. securities payable to one or more persons severally, shall be payable on death of any of them to
any of the survivors or the legal representative(s) of the deceased holder
C. any one or more joint holder can give effectual receipt for interest, unless notice is given by the
other holders to the promisor
D. all of them
Ans. (D)
84. The article of Fuller and Perdue on “The Reliance Interest in Contract Damages”
adopted the method of viewing the remedies for breach of contract in terms of the
interests which the remedies served to protect. Which of the following interests were
identified by them?
A. The expectation interest
B. The reliance interest
C. The restitution interest
D. All of them
Ans. (D)
85. The award of damage involves a detailed investigation of facts:
A. is not normally an appropriate matter for a writ petition under Article 30 or Article 225 of the
Constitution, but it might be exercised in extraordinary circumstances, rarely and sparingly, when
no disputed questions of facts arose
B. is not normally an appropriate matter for a writ petition under Article 32 or Article 226 of the
Constitution, but it might be exercised in extraordinary circumstances, rarely and sparingly, when
no disputed questions of facts arose
C. is not normally an appropriate matter for a writ petition under Article 33 or Article 227 of the
Constitution, but it might be exercised in extraordinary circumstances, rarely and sparingly, when
no disputed questions of facts arose
D. None of these
Ans. (B)
86. The balance to the provisions of Section 11 of the Indian Contract Act, 1872 is
found in:
A. Section 66 of the Indian Contract Act, 1872
B. Section 67 of the Indian Contract Act, 1872
C. Section 68 of the Indian Contract Act, 1872
D. None of these
Ans. (C)
87. The branches Section 30 of the Indian Contract Act, 1872 declares:
A. Agreement of wager void
B. Prevents the winner from bringing an action to recover amount won (even under a substituted
contract)
C. Prevents the winner from suing the stakeholder
D. All of them
Ans. (D)
88. The basis of relief on the ground of economic duress is not clear from the
judgment in case of Dai-ichi Karkaria Pvt. Ltd. v. Oil Natural Gas Commission
because:
A. the decision has been given in proceedings seeking interim injunction, where the Court has to
decide whether interim injunction ought to be issued. The decision can be sustained solely on the
equitable principles on which the Court may refuse to grant injunction
B. the Court has discussed the effect of economic duress as a ground of invalidating a contract on
the basis of a prima facie case in interlocutory proceedings
C. the effect of such duress on the contract, i.e. whether it is voidable for lack of free consent, or is
void being against public policy is not clear from the judgment
D. All of them
Ans. (D)
89. The capacity of a woman to contract is not affected by her marriage under which
of the following?
A. The Hindu Law
B. The Mohammedan Law
C. both (A) and (B)
D. None of these
Ans. (C)
90. The cases in which power under Article 226 or 14 of the Constitution can be
exercised for breaches of alleged obligations of the state, or its agents, can be divided
which of the following types?
I. Where a petitioner makes a grievance of breach of promise on the part of the state in cases where
on assurance or promises made by the state, he has acted to his prejudice and predicament, but the
agreement is short of a contract within the meaning of Article 299 of the Constitution.
II. Where the contract entered into between the person aggrieved and the state is in exercise of a
statutory power under certain Acts or rules framed there under and the petitioner alleges a breach
on the part of the state.
III. Where the contract entered into heaven between the state and the person aggrieved is non-
statutory and purely contractual and the rights and liabilities of the parties are governed by the
terms of the contract and the petitioner complains about breach of such contract by the State.
IV. Where the contract entered into between the State and the person aggrieved is non statutory
and purely contractual, but such a contract has been cancelled on a ground de hors any of the terms
of the contract, and which is per se violative of Article 14 of the Constitution.
A. I, III
B. II, IV
C. II, III, IV
D. All of them
Ans. (D)
91. The circumstances in which the creditor must make disclosure to the proposed
surety are:
I. Where the surety has asked specific questions to the creditor
II. Where the bank misleads the surety by volunteering only part of the truth
III. Where the surety makes a statement in the creditor’s presence that demonstrates that he
entirely misunderstands the principal-debtor’s position
IV. Where there is anything that might not naturally be expected to take place between the
principal-debtor and the creditor
A. II, III
B. I, IV
C. I, II
D. All of them
Ans. (D)
92. The conditions which entitle an agent to exceed his authority under the doctrine
of necessity are:
A. That he could not communicate with his principal
B. That the course he took was necessary in the sense that it was in the circumstances the only
reasonable and prudent course to take
C. That he acted bona fide in the interest of the parties concerned
D. All of them
Ans. (D)
93. The consideration for a family arrangement may be preservation of family
property, preservation of peace and honour of the family or the avoidance of
litigation; or avoiding the possibility of a future dispute. In which of the following
cases it was held?
A. Sundar Sahu Gountia v. Chamra Sahu Gauntia
B. Dwarampudi Nagaratnamba v. Kunuku Ramayya
C. Balbhaddar Prasad v. Dhanpat DayaI
D. None of these
Ans. (A)
94. The creditor may file a suit at his option only against the surety. In which of the
following cases it was upheld?
A. K. C. Skaria v. The Government of State of Kerala
B. Purabi Dasgupta v. A run Kumar
C. Infrastructure Leasing and Financial Services Ltd. v. Vijay V. Prabhu
D. None of these
Ans. (C)
95. The decisions of the expert or technical or commercial committees in scrutinizing
the tenders under Section 10 of the Indian Contract Act, 1872 will not be interfered
unless:
A. the decision is taken with a mala fide intention
B. the decision is arbitrary
C. either (A) or (B)
D. None of these
Ans. (C)
96. The defence of invalidity of contract for non-compliance of Article 299 must be
specifically pleaded, unless it is patent from allegations in the plaint or evidence
adduced by the plaintiff. This question has arisen in which of the following types of
cases:
A. cases under ss. 7 (d) and 9A of the Representation of People’s Act, 1951 in connection with
disqualification from being elected to the Parliament of state legislature
B. where the contracts did not comply with the exact requirements of Article 299 (1)
C. contracts entered in the exercise of statutory powers
D. All of them
Ans. (D)
97. The doctrine of apparent authority applies:
I. where a person allows another who is not his agent to appear as his agent
II. where a principal allows his agent to appear to possess more authority than he actually has
III. where the principal reserves or limits the authority of an agent which the agent would have in
ordinary course of business, but does make this known to third parties
IV. where the principal allows it to appear that the agent has authority although his authority has
been terminated
A. I, II
B. II, IV
C. Ill, IV
D. All of them
Ans. (D)
98. The doctrine of privity means:
A. That a person cannot acquire rights to liabilities arising under a contract to which he is not a
party
B. That a person cannot be subject to liabilities arising under a contract to which he is not a party
C. That a contract between A and B can affect the legal rights of C indirectly
D. All of them
Ans. (D)
99. The duty of the disclosure is limited to cases of:
A. unusual features of the transaction
B. unusual features of the risk
C. both (A) and (B)
D. None of these
Ans. (A)
100. The duty of utmost good faith is of universal application to all policies of
insurance although there are differences in the detail affecting the way in which the
duty is applied. In practical application it means that either party has the right to
avoid the contract if:
A. there has been a failure by the other party to disclose a material fact
B. that there has been on the part of the other party a misrepresentation of a material fact
C. either (A) or (B)
D. None of these
Ans. (C)
101. The English Unfair Contract Act, 1977 covers terms:
A. marking the liability or its enforcement subject to restrictive or onerous conditions
B. excluding or restricting any right or remedy in respect of liability, or subjecting a person to any
prejudice in consequence of his pursuing any right or remedy
C. excluding or restricting rules of evidence or procedure
D. All of them
Ans. (D)
102. The extent of an agent’s authority, whether express or implied, depends upon:
A. The nature of act or business for which he has been appointed
B. Things which are incidental to the business or are usually done in carrying it out
C. The usual customs and usages of the trade
D. All of them
Ans. (D)
103. The extent of the liability under an indemnity depends on:
A. the nature and terms of the contract
B. the case which must be governed by his own facts and circumstances
C. both (A) and (B)
D. None of these
Ans. (C)
104. The final draft of the Indian Contract Act, 1872 was the work of:
A. Sir James Fitzjames Stephen
B. Sir Frederick Pollock
C. either (A) or (B)
D. both (A) and (B)
Ans. (D)
105. The functions of the provisions of Section 11 of the Indian Contract Act, 1872
relating to personal competency is ___________.
A. to protect those whose mental powers are undeveloped or underdeveloped
B. preventing them from doing themselves an injury by their legal declarations
C. both (A) and (B)
D. None of these
Ans. (C)
106. The general principle of the common law is that in the formation of a contract:
A. the consideration is given
B. the consideration is to accepted in exchange of a promise
C. both (A) and (B)
D. None of these
Ans. (C)
107. The grounds on which administrative action would be subject to control by
judicial review could be classified as:
A. illegality (namely, failure to give effect to the law that regulates the decision making power)
B. irrationality, namely Wednesbury unreasonableness, the question ‘whether or not they [the local
authority] have taken into account matters which they ought not have taken into account, or …
have refused to take into account or neglected to take into account matters which they ought to take
into account’
C. procedural impropriety
D. All of them
Ans. (D)
108. The guarantor’s right to indemnification is a right to be reimbursed:
I. the amount which he actually paid for the principal- debtor – with interest
II. because, he is entitled to full indemnification from the principal-debtor
A. I is true but II is false
B. I is false but II is true
C. both (I) and (II) are true
D. None of these
Ans. (C)
PART-3
1. What is the purpose behind the enactment of Sale of Goods Act, 1930?
A. To define the laws relating to the sale of goods
B. To consolidate and amend the laws relating to the sale of goods
C. To consolidate, amend and define the laws relating to the sale of goods
D. To define and amend the laws relating to the sale of goods
2. Section 2(1) of Sale of Goods Act defines ‘buyer’ as:
A. Person who buys goods and services
B. Person who agrees to buy goods
C. Person who buys or agrees to buy goods
D. Person who buys or agrees to buy goods and services
3. Before the enactment of Sale of Goods Act, the provisions regarding Sale of Goods were contained in:
A. Indian Contract Act, 1872
B. Indian Registration Act, 1908
C. Transfer of Property Act, 1882
D. Indian Partnership Act, 1932
4. Which of the following cannot be said to be included in the term “goods” defined under section 2(7) of the Sale of
Goods Act, 1930:
A. Stock
B. Shares
C. Growing crops
D. Actionable claims
5. Which of the following most appropriately describes the term “sale” as per Sale of Goods Act, 1930:
A. A contract whereby seller transfers the property in goods
B. A contract whereby seller transfers or agrees to transfer the property in goods to the buyer
for a price
C. A contract where transfer of the property in goods is to take place at a future time
D. A contract where transfer of the property in goods is to take place subject to some condition thereafter to be
fulfilled
6. When does an agreement to sell become a sale as per the provisions of Sale Of Goods Act, 1930:
A. When the seller transfers the property in goods
B. When the seller agrees to transfer the property in goods
C. When the time elapses or the conditions subject to which the property in the goods is to be
transferred are fulfilled
D. Agreement to sell is deemed to be sale
7. What can be the subject matter of the contract of sale as per section 6 of Sale of Goods Act:
A. Only existing goods owned or possessed by the owner
B. Only Future goods
C. Existing goods which are neither owned nor possessed by the owner
D. Existing goods, owned or possessed by the owner or future goods
8. Where in a contract of sale the seller purports to effect the present sale of the future goods, the contract operates as:
A. A Contract of sale
B. An agreement to sell the goods
C. A Contact of sale or agreement to sell
D. It is not a valid contract
9. In a contract for sale of specific goods, the goods, without the knowledge of seller perished at the time when the
contract was made, the contract is:
A. A voidable contract at the instance of seller
B. A voidable contract at the instance of buyer
C. A voidable contract subject to approval of the civil court
D. A void contract
10. Can the agreement be avoided when there is an agreement to sell specific goods but subsequently the goods perish
or become so damaged without any fault of the seller or buyer:
A. It can be avoided by the parties
B. It can’t be avoided by the parties
C. It can be avoided only with the approval of Court
D. It can be avoided only if there is a contract in this regard between the parties
11. A contract of sale may be made:
A. A in writing or by word of mouth
B. partly in writing of partly by word of mouth
C. by the implied conduct of parties
D. All of the above
12. A is a stipulation essential to main purpose of the contract and the breach of which gives rise to a right to treat the
contract as repudiated:
A. Condition
B. Warranty
C. Disclaimer
D. Guarantee
13. A is a stipulation collateral to main purpose of the contract and the breach of which gives rise to a right to claim for
damages but not to a right to reject goods and treat the contract as repudiated:
A. Condition
B. Warranty
C. Terms of contract
D. Disclaimer
14. When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of
Goods Act, 1930:
A. When the buyer fulfils the condition stipulated to the contract of sale
B. When the contract of sale is severable and the buyer has accepted the entire goods
C. When the contract of the sale is not severable and the buyer has accepted the goods or part
thereof, subject to an express or implied term in the contract
D. When the contract of the sale is severable and the buyer has accepted the entire goods or part thereof
15. In the Contract of Sale, there is an implied warranty that:
A. Seller has a right to sell the goods
B. The buyer has the right to have and enjoy the quiet possession of goods only.
C. The goods shall be free from any charge or encumbrance
D. The buyer has the right to have and enjoy the quiet possession of goods and that the goods
shall be free from any charge or encumbrance
16. In a Contract for Sale of goods by sample and description, it is necessary that:
A. The bulk of goods shall correspond with the sample as well as description
B. The bulk of goods shall correspond with sample while it is not necessary that the bulk of goods shall
correspond with the description
C. The bulk of goods shall correspondent with the description and it is not necessary that the bulk of goods
correspond with the sample
D. Variation of the bulk of goods with the sample and description of goods is only to be treated as a breach of
warranty
17. In which of the following cases, there is an implied condition as to particular quality or fitness of goods:
A. When buyer makes known to the seller the particular purpose for which goods are required
as to show that buyer relies on seller’s skill and judgment and the goods are of description
which it is in the ordinary course of seller’s business to supply
B. When buyer makes known to the seller the particular purpose for which goods are required as to show that
buyer relies on seller’s skill and judgment though the seller does not, in the ordinary course of its business,
supply such goods
C. When goods are bought by description from seller who deals in goods of that description, whether as a
manufacturer or otherwise and the buyer has examined the goods and found defects in the same
D. When there is a contract for sale of a specified article under its patent or other trade name
18. When does the property in the goods pass to the buyer in case of contract for the sale of specific or ascertained
goods:
A. When the contract for sale is made
B. When the parties to the contract intend it to be transferred
C. When the price is paid for the goods
D. When the delivery of goods has been made
19. When does the property in the goods pass to the buyer in case of an unconditional contract for the sale of specific
goods in a deliverable state:
A. When the contract is made irrespective of whether the time of payment of price or delivery
of goods is postponed or not
B. When the party Intends to transfer
C. At the time of the payment of the price of goods
D. At the time of delivery of goods
20. When does the property in the goods pass to the buyer in case of a contract for the sale of unascertained or future
goods by description:
A. When the goods of that description and in a deliverable state are unconditionally
appropriated to the contract either by the seller or by the buyer with the assent of each other
B. When the goods of that description and in a deliverable state are conditionally appropriated to the contract
either by the seller or by the buyer with the assent of each other
C. When the goods of that description and in a non-deliverable state are conditionally appropriated to the
contract either by the seller or by the buyer with the assent of each other
D. When the goods of that description and in a non-deliverable state are unconditionally appropriated to the
contract either by the seller or by the buyer with the assent of each other
21. In which of the following cases property in the goods does not pass to the buyer when the goods are delivered to the
buyer on approval or “on sale or return” or other similar terms:
A. When the buyer signifies his approval or acceptance to the seller as to goods
B. When the buyer retains the goods without giving a notice of rejection and upon expiry of reasonable time
C. When buyer gives a notice of rejection to the seller
D. When buyer does any other act adopting the transaction
22. Choose the most appropriate answer. Unless otherwise agreed, the goods remain at seller’s risk until:
A. The goods have been delivered to the buyer
B. The goods have been utilised by the buyer
C. The price to the goods has been received by seller
D. The property therein has been transferred to the buyer
23. When is the sale by mercantile agent who is in the possession of the goods or documents of the title to the goods not
valid:
A. When the mercantile agent acts in the ordinary course of business
B. When the buyer is acting in good faith and
C. When the buyer acts in good faith and has notice that the seller has no authority to sell at the
time of the contract of sale
D. When the owner has expressly authorised the act
24. When the seller has obtained possession of goods under a voidable contract, what title does the buyer acquire when
the goods are passed under the contract of sale:
A. Buyer acquires good title to the goods if he acts in good faith though he had notice of seller’s defect of title
B. Buyer acquires good title to the goods if he had no notice of seller’s defect of title though he did not act in
good faith
C. Buyer does not acquire a good title to the goods even though he acts in good faith and without notice of
seller’s defect of title
D. Buyer acquires good title to the goods if he acts in good faith and without notice of seller’s
defect of title
25. Which of the following cannot be treated as ‘Delivery’ under the Sale of Goods Act, 1930:
A. Doing anything which has the effect of putting goods in possession of legal representatives of
seller
B. Doing anything which has the effect of putting goods in possession of any person authorised by the buyer
C. Doing anything which has the effect of putting goods in possession of the buyer
D. Doing anything which the parties agree to be treated as delivery
26. What is the effect of part delivery of goods made in the progress of delivery of the whole of the goods as per section
34 of the Sale of Goods Act, 1930:
A. Part delivery does not operate as a delivery of remainder.
B. Part delivery of the goods cannot be made under the Act.
C. Part delivery has the same effect as the delivery of the whole only in case of perishable goods.
D. Part delivery has the same effect as the delivery of the whole irrespective of the type of goods
unless part delivery is made with intention of severing it from whole
27. Which of the following statement is correct with regard to delivery of goods by a seller:
A. The seller is bound to deliver the goods under all circumstances
B. The seller is bound to deliver the goods when there is either an express contract or when the
buyer applies for delivery
C. The seller is bound to deliver the goods only when there is an express contract to that effect
D. The seller is bound to deliver the goods only when the buyer applies for delivery
28. Which of the following statements is incorrect in respect of Rules as to delivery:
A. Where the goods are in the possession of a third person, the goods are not delivered to buyer unless such
third person acknowledges to the buyer that the goods are held by him on seller’s behalf
B. Where no time is fixed for sending the goods it should be delivered within a reasonable time
C. The expenses of and incidental to putting the goods into a deliverable state shall be borne by the buyer
D. Demand or tender of delivery may be treated as effectual only when made at a reasonable
hour
29. As per the provisions of Sale of Goods Act, 1930 which of the following is not a consequence of delivery of wrong
quantity of goods to the buyer:
A. Where the seller delivers less than the contracted quantity the buyer may reject the same
B. Where the seller delivers more than the contracted quantity, the buyer can only reject the
goods not included in the contract
C. Where the seller delivers the contracted goods mixed with the goods of a different description, the buyer
can reject the goods of different description or may reject the whole of the goods.
D. Where the seller delivers more than the contracted quantity, the buyer may accept the goods included in the
contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so
delivered, he shall pay for them at the contract rate
30. Which of the following is true as regards delivery of goods in instalments as provided under Sale of Goods Act:
A. The buyer is bound to accept the instalment deliveries only in case of perishable goods
B. The buyer is bound to accept the instalment deliveries only in case of sale of goods by description
C. The buyer is bound to accept the instalment deliveries only if agreed between the parties
D. Delivery of goods can’t be made in instalments
31. Choose the most appropriate option out of the following in respect to return of rejected goods by the buyer:
A. Buyer is not bound to return any type of rejected goods, having right to do so, if he intimates
to the seller that he refuses to accept the same
B. Buyer is bound to return all types of rejected goods
C. Buyer is bound to return only those rejected goods which are perishable
D. Buyer is bound to return only those rejected goods which are sold by description.
32. Out of the following persons which of the following does not come under the definition of the ‘’unpaid seller’’ as per
Chapter V of Sale of Goods Act:
A. A seller to whom the whole of the price has not been paid or tendered
B. A seller to whom more than half of the price has been paid or tendered
C. A seller who has received a bill of exchange as conditional payment and the condition on
which it was received has not been fulfilled by reason of the dishonour of the instrument or
otherwise.
D. A seller who has received a negotiable instrument as conditional payment and the condition on which it was
received has not been fulfilled by reason of the dishonour of the instrument or otherwise
33. Which of the following is not the right of an unpaid seller under Sale of Goods Act, 1930:
A. Right of lien on goods for the price while the goods are in possession of seller.
B. Right of stopping the goods in transit, in case of insolvency of buyer
C. Right of resale as limited by the Act
D. Right of withholding delivery where the property in the goods has passed to the buyer
34. In which of the following cases the unpaid seller cannot exercise the right of lien on goods in his possession:
A. Where goods have been sold without any stipulation regarding credit
B. Where the goods have been sold on credit but the term of the credit has expired
C. Where the buyer becomes insolvent
D. Where the goods have been sold on credit but the term of credit has not expired
35. In which of the following cases an unpaid seller does not lose his right of lien:
A. When seller delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer
without reserving the right of disposal
B. When buyer or his agent lawfully obtains possession of the goods
C. When the unpaid seller has obtained the decree for the price of the goods
D. When the unpaid seller himself waives off his right of lien
36. In which of the following cases an unpaid seller who has parted with the possession of the goods has the right of
stopping such goods in transit:
A. When the buyer of goods has been declared as a person of unsound mind
B. When the buyer of goods has been has been sentenced to imprisonment for a term of more than six months
under any law
C. When the buyer of goods has been declared as an insolvent
D. When the buyer of goods has been sentenced to imprisonment for a term of more than two years under any
law
37. In which of the following cases, transit of goods is not deemed to be at an end:
A. When the goods are rejected by the buyer and the carrier or bailee continues in possession
of goods
B. When the buyer or his agent in that behalf obtains delivery of goods before their arrival at the appointed
destination
C. When goods are in the possession of the carrier or bailee on buyer’s behalf after their arrival at the
appointed destination
D. When the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent
38. Which of the following is incorrect with regard to the manner through which right of stoppage in transit can be
exercised by an unpaid seller:
A. An unpaid seller can exercise his right of stoppage in transit by taking actual possession of the goods
B. An unpaid seller can exercise his right of stoppage in transit by giving notice of his claim to the carrier who
is in the possession of goods
C. An unpaid seller can exercise his right of stoppage in transit by giving notice of his claim to the bailee who is
in the possession of the goods
D. Unpaid seller can exercise the right of stoppage in transit by giving an advertisement in
leading newspaper of the place where the buyer ordinarily carries on his business
39. Choose the most appropriate option in respect of a Sale which is not generally rescinded by lien or stoppage in
transit:
A. A contract of sale is rescinded by the exercise of an unpaid seller’s right of lien or stoppage of lien
B. Where an unpaid seller who has exercised his right of lien or stoppage in transit resells the goods, the buyer
of such goods does not acquire a good title thereto as against the original buyer.
C. Where the seller resells the goods in case of buyer’s default the original contract of sale is not rescinded
D. Where the unpaid seller who has exercised his right of lien or stoppage in transit gives
notice to buyer of his intention to resell, the unpaid seller may resell the goods within a
reasonable time and recover damages incurred due to his breach of the contract from the
original buyer
40. Which of the following does not fall in the category of “goods”:
A. Stock and shares
B. Money and actionable claims
C. Growing crops and grass
D. Things attached to or forming the part of land which are agreed to be severed before sale or under contract
of sale
41. Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the
buyer at the time when the:
A. Parties intend the property in goods to pass
B. Contract is entered into
C. Price is paid
D. Delivery of goods has been made
42. A contract of sale can be:
A. Absolute only
B. Conditional only
C. Absolute or conditional
D. Conditional only with the consent of the buyer
43. Where the transfer of the property in the goods is to take place at a future time or subject to some condition, then
such contract is called:
A. An agreement to sell
B. A contract to Sale
C. Future Contract
D. Conditional contract
44. What are the requisites of contract of sale:
A. An Offer and delivery of goods
B. An Offer to buy or sell goods, for a price and its acceptance
C. An Offer, delivery, possession and acceptance
D. An Offer, price, delivery and acceptance
45. According to Sale of Goods Act, 1930, ‘seller’ means a person:
A. who only agrees to sell the goods
B. who only sells the goods
C. who sells or agrees to sell
D. who transfers the possession of the goods to the other party
46. Where the goods are of perishable nature or where the unpaid seller exercises his right of lien or right of stoppage of
goods in transit and gives notice to buyer for payment and buyer does not pay or tender within reasonable time, an
unpaid seller may:
A. Resell the goods and can recover the damages from the original buyer
B. Cannot resell the goods
C. Ask the buyer again to make payment
D. Take possession and mark the goods as bad
47. _____________ is termed as consideration in a contract of sale:
A. Exchange money
B. Barter money
C. Price
D. Reward
48. When the buyer chooses to treat a breach of a condition as a breach of warranty, then the buyer may:
A. Repudiate the contract
B. Reject the goods
C. Ask for indemnification
D. set up against the seller the breach of warranty in diminution or extinction of the price or
can sue the seller for damages
49. When the price is not determined in the contract or agreed between the parties, the buyer shall pay the seller:
A. a fair price
B. a reasonable price
C. market price
D. average price
50. In case of breach of condition, the breach gives rise to:
A. Claim for damages
B. Rejection of goods
C. A right to repudiate the contract
D. A right of indemnification
51. Which of the following is not an implied condition or warranty in a contract of sale:
A. The seller may take back the possession of the goods at a future date
B. The seller has a right to sell the goods and that in the case of an agreement to sell he will have a right to sell
the goods at the time when the property is to pass
C. The buyer shall have and enjoy quiet possession of the goods
D. The goods shall be free from any charge or encumbrance in favour of any third party not declared or known
to the buyer before or at the time when the contract is made.
52. If the contract of sale is by sample as well as by description:
A. It is sufficient if the bulk of goods correspond to sample only
B. It is sufficient if the bulk of goods correspond to description only
C. It is not necessary to conform to the sample or description
D. It is not sufficient that the bulk of the goods correspond with the sample if the goods do not
correspond with the description
53. Where under a contract of sale, the property in the goods has passed to the buyer and the buyer wrongfully neglects
or refuses to pay for the goods, the seller may:
A. Ask for indemnification
B. Sue the buyer for damages of non-acceptance
C. Sue the buyer for compensation
D. Sue the buyer for the price of goods
54. The position of the finder of lost goods is that of:
A. Bailee
B. Bailor
C. Creditor
D. True owner
55. X purchases a car from Y. After 6 months, Z, the true owner of the car, demanded it from X. X had to return it to its
true owner. X was entitled to recover the full price even though several months have passed. This is an example of:
A. Condition as to description
B. Condition as to sample
C. Condition as to title
D. Condition as to fitness
56. A drug was sold by an auction and according to the usage of trade it was to disclose in advance of any vast damage
caused in the quality of the drug but such disclosure was not made and the drug was found to be defective. This is an
example of:
A. Warranty as to undisturbed possession
B. Warranty as to quality or fitness by usage of trade
C. Warranty as to non-existence of encumbrances
D. Disclosure of dangerous nature of goods
57. Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue for:
A. Damages for non-delivery
B. Damages for non-acceptance
C. Specific performance
D. Compensation
PART-4
ANSWERS-
1 b) 23 c) 45 a) 67 b) 89 c) 111 a)
2 d) 24 a) 46 a) 68 d) 90 d) 112 a)
3 c) 25 d) 47 d) 69 c) 91 d) 113 a)
4 c) 26 a) 48 a) 70 a) 92 a) 114 a)
5 c) 27 b) 49 71 b) 93 b) 115 a)
6 a) 28 b) 50 c) 72 a) 94 d) 116 d)
7 c) 29 a) 51 d) 73 b) 95 a) 117 c)
8 a) 30 b) 52 a) 74 b) 96 a) 118 d)
9 c) 31 d) 53 c) 75 b) 97 a) 119 a)
10 d) 32 d) 54 c) 76 a) 98 d) 120 b)
11 b) 33 d) 55 d) 77 c) 99 d) 121 c)
12 c) 34 a) 56 a) 78 c) 100 a) 122 a)
13 c) 35 d) 57 d) 79 e) 101 a) 123 a)
14 b) 36 c) 58 c) 80 d) 102 a) 124 d)
15 b) 37 c) 59 a) 81 d) 103 c) 125 c)
16 b) 38 c) 60 d) 82 c) 104 a) 126 d)
17 c) 39 c) 61 a) 83 a) 105 a) 127 d)
18 a) 40 b) 62 a) 84 d) 106 c) 128 c)
19 c) 41 c) 63 a) 85 d) 107 d) 129 a)
20 d) 42 a) 64 c) 86 d) 108 c) 130 a)
21 c) 43 a) 65 d) 87 c) 109 a)
22 c) 44 a) 66 c) 88 d) 110 a)