Law of Contract: Key Concepts & Questions
Law of Contract: Key Concepts & Questions
12. Identify an example for the 18. A legally binding contract can be;
concept of “invitation to offer” in a) Oral
contracts law: b) In writing
a) Tender c) In writing and registered
b) Catalogue d) Either oral or in writing
c) Both a and b
d) None of the above 19. Does the legal term
“consideration” mean payment
13. A contract by which one party of money only/
promises to save the other from a) Yes
loss caused to him by the b) No
conduct of the promisor himself, c) Depends
or by the conduct of any other d) None of the above
person is called
a) Contract of bailment 20. of the essential elements of
b) Contract of indemnity partnership is:
c) Contract of contingency a) Sharing of profit
d) Contract of promissory estoppel b) Capital contribution
c) Mutual agency
14. Fiduciary relationship is a d) Both a and c
relationship based on:
a) Contract 21. statement I: Agreement without
b) Trust consideration is always valid.
c) Money Statement II: All contracts are
d) Blood relation agreements but all agreements are not
contracts.
15. Agreement between _____ does a) Both are correct
not create legal obligation. b) Both are incorrect
a) Husband and wife c) Only Statement II is correct
b) Charitable activity d) Only statement I is correct.
c) Both a and b
d) None of the above 22. The consideration or object of an
agreement is lawful, unless:
16. Essentials conditions for a valid
contract are: a. The Court regards it as immoral, or
a) There must be an offer and opposed to public policy.
acceptance b. It is forbidden by law or Is of such a
b) The parties should be capable of nature that, if permitted, it would
entering into contract defeat the provisions of any law.
c) There must be free consent of the c. Is fraudulent or involves or implies
parties injury to the person or property of
d) All of the above another.
d. All of the above
17. Under Indian Contract Act, “past,
present and future” recognized 23. What is a sound mind for the
as types of; purposes of contracting:
a) Acceptance
a. A person is said to be of sound mind something with a view to obtain
for the purposes of making a the assent of B is called
contract, if, at the time when he
makes it, he is capable of a) Contract
understanding it and of forming a b) Proposal
rational judgement as to its effect c) Agreement
upon his interest. d) None of the above
b. A person is said to be of sound mind
for the purposes of making a 28. Goods displayed in a
contract, if, at the time when he supermarket with a price tag is
makes it, he is capable of
a) Proposal
understanding it.
b) Offer
c. A person is said to be of sound mind
c) Invitation to offer
for the purposes of making a
d) None of these
contract, if, he is capable of
29. When there are two obligations
understanding it and of forming a
on each party to the contract at
rational judgement as to its effect
the time of the formation of the
upon his interest.
contract, it is called
d. A person is said to be of sound mind
for the purposes of making a a) Unilateral contract
contract, if, at any time when he b) Executory contract
makes it, he is capable of c) Bilateral contract
understanding it and of forming a d) Voidable contract
rational judgement as to its effect
upon his interest. 30. A contract implied by law is
known as
24. which is correct
a) Proposal + acceptance = promise a) Contingent contract
b) Promise + consideration = agreement b) Quasi contract
c) Agreement + enforceability = c) Expressed contract
contract d) Implied contract
d) All the above
31. On the face of the ticket for a
25. Where a corporation enters into journey the words ‘for conditions
a contract beyond the scope of see back’ are printed in small
the objects, such a contract is print, the passenger
said to be
a) May not take note of the
a) Intra vires conditions
b) Ultra vires b) Is not bound by the condition
c) Ultimo vires c) Is bound by the conditions
d) Infra vires whether he takes care to
read them or not
26. The starting point of a contract is d) None of the above.
4. Principle: Acceptance (of offer) must be 7. LEGAL PRINCIPLE: Every partner is liable,
communicated by the offeree to the offerer jointly with all the other partners and also
so as to give rise to a binding severally, for all acts of the firm done while
obligation. The expression by the offeree to he is a partner.
the offerer' includes communication FACTUAL SITUATION: A and B started a
between their authorised agents. partnership firm for providing vehicle
Facts 'X' made an offer to buy Y's property repairing services. C approached the
for a stipulated price 'Y' accepted it and firm for getting his car repaired and noticed
communicated his acceptance to 'Z', a that only B was present in the office. C
stranger Which of the following derivations informed the problem and B started
is correct? repairing the car. While B was repairing, he
(a) Y's acceptance resulted in an agreement filled petrol instead of oil in the engine. As a
(b) Y's acceptance did not result in any consequence, a small blast occurred and
agreement damaged the car. Now, C sued both A and B
(c) Y's acceptance resulted in a contract for the damage so caused. Decide.
(d) Y's acceptance resulted in a promise DECISION:
(a) Both liable since B was authorised to
5. Principle: Agreements in restraint of carry out the work of the firm.
marriage are void. (b)A is not liable since A has not authorised B
Facts: 'X' enters into an agreement, with 'Y' to do something which was not for the
where under he agrees not to marry anybody benefit of the firm.
else other than a person (c)A is not liable since it was B's fault and for
whose name starts with the letter 'A' and that only B can be held liable.
promises to pay 100000 to 'Y' ifhe ('X') (d)A is liable since it was negligence on his
breaks this agreement. part that he was not resent in the office
Which of the following derivations is correct? when C came.
(a) There is a contract between 'X' and 'Y'
(b) There is an agreement between 'X' and 'Y' 8. LEGAL PRINCIPLE: Every agreement, by
which can be enforced by the court of law which any party is restricted absolutely from
(c) There is an agreement between 'X' and 'Y' enforcing his rights in respect
which cannot be enforced by the court of law of any contract, by the usual legal
(d) There is a voidable contract between 'X' proceedings in the ordinary tribunals, is void
and 'Y' to that extent.
FACTUAL SITUATION: Feroz and Pinto 2 Uncertain agreements are void
entered into an agreement for rendering agreements.
certain services. As per the prevailing law, 3. Rejected offers can be accepted only if
the agreement may be enforced either at renewed
Jaipur or Udaipur. The agreement itself, FACTUAL SITUATION: Bakshi wanted to
however, specifies that upon breach, the purchase a particular land. He sent a letter to
parties can only approach courts at his cousin. Dutt, offering him 4 lakhs for it.
Jaipur. Feroz breaches the contract and Dutt replied that he would not sell it
Pinto, being a resident of Udaipur. would like below 5 lakhs. Bakshi communicated his
to sue him in Udaipur. He challenged the willingness to pay this amount Dutt did not
validity of the clause. sell the land to Bakshi. Bakshi sued him for
DECISION: breach of contract.
(a)Pinto will succeed as Feroz had made him DECISION:
suffer and the law must take his convenience (a)Dutt is liable because once he
into account and allow him to sue in communicates an offer to Bakshi and Bakshi
Udaipur. accepts it, a contract comes
(b) Pinto will succeed as the contract does into existence.
not allow him to institute any legal (b)Dutt is liable as he has misled Bakshi by
proceedings in any court or tribunal in his actions.
Udaipur. (c)Dutt is not liable because he has rejected
(c)Pinto will fail as the contract does not the offer by giving a counter offer which is
restrain him from instituting legal also not specific.
proceedings in Jaipur. (d) Dutt is not liable as there is no legally
(d)Pinto will fail as he was of sound mind enforceable contract
while entering into contract and having
accepted it, he cannot now deny his 11. LEGAL PRINCIPLE:An agreement is void if
obligation. the court regards it as opposed to the public
policy.
9. LEGAL PRINCIPLES: A contract is an FACTUAL SITUATION : Sunita, while her
agreement enforceable by law. husband Shankar was alive, promised to
FACTUAL SITUATION: Amita invited Bina to marry Neel in the event of Shankar's death.
her house for dinner. Bina accepted the Subsequently, Shankar died, but Sunita
invitation but later did not go. On Bina's refused to marry Noel. Neel sues Sunita for
failure to attend, Amita filed a suit against damages for breach of premise.
Bina for the price of non-consumed food. DECISION:
Will the law enforce this agreement? (a) Sunita is liable as she is to bound to marry
DECISION: Neel.
(a)No,it is a social agreement. (b)She is liable to compensate Neel for
(b)Yes, Amita can recover amount for non- breach of premise.
consumed food. (c)Neel can marry someone else.
(c)No, as Bina did not accept the invitation in (d)She is not liable as the contract is opposed
writing. to public policy and so void.
(d)No, because the law does not take
account of trivial things. 12. LEGAL PRINCIPLES:
1. Consideration must be of value in the eyes
10. LEGAL PRINCIPLES: of law.
1. Once a person accepts another's offer, and [Link] is not real if it is illusory.
signifies such acceptance to the former, a FACTUAL SITUATION: Arjun received
contract comes into summons to appear at a trial as a witness on
existence between them behalf of Bitu, the accused. Bitu promised to
pay him a sum of 1,000 for his trouble. On
default by Bitu, Arjun filed a suit to recover DECISION:
the said sum. Will he succeed? (a)Sam cannot recover as Mani never
DECISION: intended to deal with him.
(a)No, as the consideration is of no value in (b)Can recover the price as he had supplied
the eyes of law. goods only against the order made by Mani.
(b)Yes, as the contract is supported by (c)Sam cannot recover as it was only an
consideration. invitation to offer by Mani on which no
(c)No, as there is no consideration for the acceptance can be given by Sam.
premise. (d)Sam can recover as the price of the goods
(d)Yes, as he appeared before court only as an offer once accepted results in a
after Bitu agreed to pay him the amount of contract.
Rs. 1,000.
13. LEGAL PRINCIPLE: A minor is not 15. Principle: When one person signifies to
competent to contract. another his willingness to do or abstain from
FACTUAL SITUATION: Deep, a 9th standard doing anything, with a view to obtaining the
student realize that he being a minor, he is assent of that person to such an act or
not permitted by law to execute a contract, abstinence, he is said to have made a
appoints Mandeep as his agent to conclude proposal.
purchase of a land to gift it to his mother on Factual Situation: Xavier telegrammed to
her birthday. Mandeep accordingly prepares William, "Will you sell me your house?
the papers for the transaction but at the last Telegram the lowest cash price. William also
minute the seller who had agreed to sell it replied by Telegram "Lowest price for my
now refuses to sell it contending that he house is 30 lakh. Xavier immediately sent his
does not wish to sell the land to a minor. reply consenting to William's telegram by
Deep seeks to enforce the contract against saying "I agree to buy your house for 30 lakh
the seller. asked by you." William refused to sell his
DECISION: house.
(a) Deep can enforce the contract-since Decision
Mandeep is his agent. Deep is deemed to (a) William cannot refuse to sell the house
have personally entered into a contract. because the contract has already been made
(b) Deep cannot enforce the contract-only (b) William can refuse to sell the house
Mandeep can, since seller has entered into because it was only invitation to offer and
the contract with Mandeep. not the real offer
(c)Deep cannot enforce the contract since he (c) It was not a valid offer because
is a minor. willingness to enter into a contract was
(d)Deep can neither appoint an agent nor absent
enforce the contract since he is a minor. (d) None of the above
32. Principle: Whoever takes away with him [Link]: Sale of liquor is illegal. All
any minor less than sixteen years of age if a agreements relating to prohibited items do
male, or less than eighteen years of age if a not exist in the eyes of law.
female, out of the custody of parents of Facts: 'A' entered into an agreement with 'B'
such minor without the consent of such for the sale of liquor 'A' failed to supply the
parents, is said to commit no offence. agreed quantity of liquor to B.
Facts: 'A', a man, took away a girl below (a) B can bring a legal action against A.
sixteen years to Mumbai without informing (b) B cannot bring any legal action against A.
the parents of the girl. (c) A can bring a legal action against B.
(a) 'A' committed an offence against the girl (d) A and B can initiate appropriate legal
as well as her parents proceeding against each other.
(b)'A' committed an offence against the girl.
(c)'A' committed no offence against the [Link]: The communication of a
parents of the girl. proposal is complete when it comes to the
(d)'A' committed no offence against the girl knowledge of the person to whom it is made.
as well as her parents. Facts: 'A' sent a letter making a proposal to
'B' to purchase the house of B.
33. Principle: Nothing is an offence which is (a) The communication of
done in the exercise of the right of private proposal is complete when A
defence sent the letter.
Facts: 'A', under the influence of madness,
attempts to kill 'B'. 'B' to save his life kills 'A" (b) The communication of proposal is
(a)'A' has not committed an offence because complete when B's wife received it.
he was mad (c) The communication of proposal is
(b)'B' has committed an offence. complete when B's wife handed over the
(c)'B' has not committed any offence letter to B.
(d)'A' has committed the offence of attempt (d) The communication of proposal is
to murder complete when B reads the letter.
34. Principle: Acceptance of proposal must 38. Principle: An agreement may be entered
be the exact mirror image of the proposal. into orally, in writing, or by conduct.
Facts: 'A' made a proposal to 'B' to sell a Facts: 'A' went to the shop of 'B' and picked a
chair for 500. 'B' is desirous of buying the tooth brush and gave a cheque of Rupees
said chair for 400. twenty to B and left the shop.
(a) A entered into an agreement with B. decision of the other party, the contract is
cheque. enforceable only at the option of the party
(b) A did not enter into an agreement with B. who was in a position to dominate decision
(c) Payment of tooth brush cannot be made of the other party.
through a Facts: A doctor asked his patient to make a
(d) A should have carried a currency note of payment of 10,00,000/- (Ten Lac Only) for
Rupees twenty to make the payment. treatment of his fever The patient paid an
amount of 5,00,000/- (Five Lac Only) and
39. Principle: Property consists of right to promised to pay the remaining amount after
possess, right to use, right to alienate and the treatment. After treatment the patient
right to exclude others. Sale is complete recovered from fever The doctor demanded
when property gets transferred from the the aining amount from the patient The
seller patient refused to pay
to the buyer (a) The contract is enforceable against the
Facts: 'A' sold his car to 'B' B requested A to doctor
keep the car in his care on behalf B for one (b) The contract is enforceable against the
month. A agreed. patient
(a) Sale of car is complete (c) The contract is not enforceable
(b) Sale of car is not complete. (d) The contract is not enforceable against
(c) Sale will be completed when B keeps the the patient.
car in his own care
(d) Sale will be automatically completed after [Link]: When, at the desire of one per
the expiry of one month son, any other person has done or abstained
from doing something, such act or
40. Principle: A person, who is usually mad, abstinence or promise is called a
but occasionally not mad, may make a consideration
contract when he is not mad for the promise
Facts: 'A' generally remains in the state of Facts: X, the uncle of Y, made a promise to
madness and rarely becomes capable of pay him an amount of ,00,000/- as reward if
understanding anything. Y quits smoking and drinking within one
(a) A can make a contract year. Y quit smoking and drinking within six
(b) A can never make a contract. months.
(c) A can make a contract at any time (a) Consideration has moved from the side of
whenever he pleases X
(d) A can make a contract only for his own (b) Consideration has moved from the side of
benefit. Y
(c) No consideration has moved from the side
[Link]: An agreement without free of Y
consent can be enforced only at the option of (d) Quitting smoking and drinking cannot be
the party whose consent was not free a
Facts: A obtains the consent of B to enter consideration
into an agreement by putting a gun on the
head of B's girl friend. [Link]: Law never enforces an
(a) B can enforce the agreement. impossible promise
(b) B cannot enforce the agreement. fact: 'A' made a promise to 'B' to discover
(c) A can enforce the agreement. treasure by S magic.
(d) Neither A nor B can enforce the (a) Law will enforce the promise
agreement. (b) Law will not enforce the promise.
(c) Law will enforce the promise only at the
[Link]: Where one of the parties to a option of A
contract was in position to dominate the
(d) Law will enforce the promise only at the consent of C, D and E, but obtains their
option of B consent after the marriage
(a) B has fulfilled the condition
45. Principle: Mere silence as to facts likely to (b) B has not fulfilled the condition
affect the decision of a person to enter into a (c) The condition is illegal
contract is not fraud. (d) B must divorce his wife
Facts: A sells to B (A's daughter who is a
minor) a horse which A knows to be [Link]: A condition must be complied in
unsound. A says nothing to B about the order to claim the benefit of an agreement.
unsoundness of the horse. Facts: A agrees to transfer a farm to B; if B
(a) A has committed fraud shall not go to England within three years
(b) A has committed no fraud after the date of the agreement, his interest
(c) There cannot be a contract between a in the farm shall cease. B does not go to
father and daughter England within the term prescribed
(d) The daughter did not ask therefore the (a) B's interest in the farm continues
father did not tell, hence no fraud (b) B's interest in the farm does not continue
(c) B has a fundamental right to go to
[Link]: When a party to a contract has England or not to go to England and hence
refused to perform, or disabled himself from the condition is illegal
performing his promise in its entirety, the (d) The agreement between A and B is void
other party shall not put an end to the
contract [Link]: Terms of any written contract
Facts: A engaged B on April 12 to enter his can be proved by producing the written
service on June 1, but on May 11, A wrote to contract only and oral evidence is excluded.
B that his services would not be needed On Facts: A gives B receipt for money paid by B.
May 22, B joined C for employment Oral evidence is offered to prove the
(a) B cannot put the contract to an end. payment.
(b) B can put the contract to an end (a) Oral evidence to prove payment is
(c) C can put his contract with B to an end allowed
(d) A must pay damages to B (b) Oral evidence to prove payment is not
allowed
47. Principle: An interest created, dependent (c) Oral evidence is always allowed to prove
upon a condition fails, if the fulfilment of the all facts
condition is (d) Oral evidence is generally disallowed
Facts: A promises to pay impossible
Ten Lakh to B on condition that he shall
marry A's daughter C. At the date on which
A gave Ten Lac to B, C was dead.
(a) B's interest fails
(b) B's interest fails because of immorality
(c) B's interest fails because of prohibition by
law
(d) B's interest does not fail