11
An election made is binding on
A)
The legal representatives of the donee
B)
The assigns of the donee
C)
The executors of the donee
D)
Heirs of the donee
Answer & Solution
Answer: Option
A
12
Where equities are equal, the first in time shall prevail, shall apply to all, but one of the following
A)
Section 48 of Transfer of Property Act
B)
Section 49 of Transfer of Property Act
C)
Section 78 of Transfer of Property Act
D)
Section 79 of Transfer of Property Act
Answer & Solution
Answer: Option
B
13
The equitable doctrines featuring in the Indian Contract Act are mainly all, but one of the following
A)
The doctrines of penalties and forfeiture
B)
Stipulations as to time in a contract
C)
Equitable relief on ground of misrepresentation
D)
Equitable relief on ground of coercion
Answer & Solution
Answer: Option
D
14
Aequitaes est corectio legis generalities latae, qua parte deficit i.e, equity is a correction of the general law in the part where it is defective, is particularly embodied in
A)
Section 9 of Code of Civil Procedure
B)
Section 10 of Code of Civil Procedure
C)
Section 11 of Code of Civil Procedure
D)
Section 12 of Code of Civil Procedure
Answer & Solution
Answer: Option
A
15
In the conflict between equity on one hand and the text of law on the other, the Court shall
A)
Choose equity
B)
Choose law
C)
Have the discretion to choose between equity and law
D)
Be bound by precedents
Answer & Solution
Answer: Option
B
16
"Equity now is that body of rules administered by English Courts of Justice which were if not for the operation of the judicature Acts, would be administered only by those courts which would be known as Courts of Equity" has been defined by
A)
Henry Levey Ulman
B)
Snell
C)
Maitland
D)
Salmond
Answer & Solution
Answer: Option
C
17
He who seeks equity must do equity does not apply in
A)
The power to set aside contract induced by undue influence
B)
Consequences of rescission of a voidable contract
C)
Obligation of a person who has received advantage under void agreement, or contract that becomes void
D)
The enforcement of purely legal rights
Answer & Solution
Answer: Option
D
18
An equitable interest recognised by the
A)
Court of Chancery
B)
Common Law Courts
C)
Both (A) and (B)
D)
None of the above
Answer & Solution
Answer: Option
A
19
Choose the correct answer
A)
Doctrine of Election under the English law aims at compensation
B)
Doctrine of Election under the Indian law aims at forfeiture or confiscation
C)
Both (A) and (B)
D)
Neither (A) nor (B)
Answer & Solution
Answer: Option
C
20
Choose the incorrect statement
A)
Legal claim is not barred by lapse of time less than the prescribed statutory period of limitation
B)
Equitable claim may be barred by delay on the part of the plaintiff seeking relief
C)
Legal or equitable claims to which the statutes of limitation apply, the maxim 'delay defeats equity' applies
D)
Unreasonable delay defeats equity
Answer & Solution
Answer: Option
C
