31
In India, the doctrine of impossibility of performance of a contract being void, is based on
A)
The theory of implied term
B)
The theory of just and reasonable solution
C)
Supervening impossibility or illegality as laid down in Section 56 of the Indian Contract Act, 1872
D)
The principal of unjust enrichment
Answer & Solution
Answer: Option
C
32
The term "consensus ad idem" means-
A)
No agreement can have more than one meaning
B)
To agree the same way
C)
To agree on the same thing with same sense
D)
To agree for different objects in the same sense
Answer & Solution
Answer: Option
C
33
Read the following carefully:
(1) Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.
(2) In the case of continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of time during which the breach or the tort, as the case may be, continues.
Of the above:
A)
(1) is true but (2) is false
B)
Is false but (2) is true
C)
Both (1) and (2) are true
D)
Both (1) and (2) are false
Answer & Solution
Answer: Option
C
34
The acceptance given by A on B's invitation for lunch over phone is not a contract because of which one of the following?
A)
The acceptance was given orally
B)
The parties did not talk face-to-face
C)
There is no intention to create a legal obligation
D)
Invitation cannot be proved in the court of law
Answer & Solution
Answer: Option
C
35
"If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed." The statement relates to:
A)
Substitute for a contractual party
B)
The effect of novation, rescission and alteration of contract
C)
Unilateral alteration of a contract
D)
A substitute contract without consideration
Answer & Solution
Answer: Option
B
36
A contract, which ceases to be enforceable by law, ceases to be enforceable. It is known as
A)
Unenforceable contract
B)
Void contract
C)
Voidable contract
D)
Contingent contract
Answer & Solution
Answer: Option
B
37
If the promisee accepts the anticipatory breach committed by the promisor, then
A)
The promisee need not perform his part of the contract and he cannot claim damages from the promisor
B)
The promisee must perform his part of the contract before claiming damages from the promisor
C)
The promisee need not perform his part of the contract and he can also claim damages without waiting till the date of performance
D)
The promisee need not perform his part of the contract but he can also claim damages from the promisor only after the date of performance
Answer & Solution
Answer: Option
C
38
A agrees to pay B Rs. 1,000 if B will marry to A's daughter C. C was dead at the time of the agreement. The agreement is
A)
Invalid
B)
Voidable
C)
Void
D)
Valid
Answer & Solution
Answer: Option
C
39
Every person is competent to contract
A)
Who is of the age of minority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
B)
Who is of the age of majority according to law to which he is not subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject
C)
Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not qualified from contracting by any law to which he is subject
D)
Who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law of which he is subject
Answer & Solution
Answer: Option
D
40
A proposes, by a letter sent by post, to sell his house to B. When is the last point of time when A can revoke the proposal?
A)
Before the date/time when A posts the letter
B)
Before the date/time when B receives the letter
C)
Before the date/time when B posts his letter accepting the proposal, or
D)
Before the date/time when A receives the letter of acceptance, sent by B
Answer & Solution
Answer: Option
C