1.
The Contract Act came into force-
Correct Answer
A. From 1 September, 1872
Explanation
The correct answer is "From 1 September, 1872". This means that the Contract Act was enacted and became effective on 1 September, 1872.
2.
Agreement is defined in Section ______ of the Indian Contract Act, 1872.
Correct Answer
B. 2(E)
Explanation
The correct answer is 2(E). The Indian Contract Act, 1872 defines agreement in Section 2(E).
3.
A sells his car to B.A has a right to recover the price of the car from B. This right is-
Correct Answer
B. Right is personam
Explanation
In this scenario, A sells his car to B. A has a right to recover the price of the car from B. This right is referred to as a right in personam. A right in personam is a legal right that can be enforced against a specific person, in this case, B. It allows A to claim the price of the car from B based on their contractual agreement.
4.
An agreement to commit a tort is-
Correct Answer
A. Void
Explanation
An agreement to commit a tort is void. Agreements that involve illegal activities or intend to cause harm are not enforceable by law and are considered void from the outset. This means they have no legal effect and cannot be upheld in court.
5.
‘A’ invites ‘B’ for his son’s wedding. ‘B’ accepts the invitation. In this case, there is an agreement but no contract, since-
Correct Answer
B. There is no intention to create legal relationship
Explanation
In this scenario, the absence of a contract is due to the lack of intention to create a legal relationship. Although 'A' invited 'B' to his son's wedding and 'B' accepted the invitation, this arrangement is considered a social agreement rather than a legally binding contract. The intention to create legal relations is an essential element of a contract, and without it, there is no enforceable agreement. The other options, such as the absence of consideration, a written document, or a formal acceptance, may also be factors, but the primary reason for the absence of a contract in this case is the lack of intention to create legal relations.
6.
‘A’ promised to pay his son ‘B’ a sum of Rs 1 Lac if ‘B’ passed CA exams in the first attempt. ‘B’ passed the exam in the first attempt, but ‘A’ failed to pay the amount as promised. ‘B’ files a sit for recovery of the amount. State whether ‘B’ can recover the amount under the Indian Contract Act, 1872.
Correct Answer
C. B has no remedy against A
Explanation
B cannot recover the amount under the Indian Contract Act, 1872. Although A promised to pay B a sum of Rs 1 Lac if B passed the CA exams in the first attempt, there is no legally enforceable contract between them. The promise made by A is a mere moral obligation and not a legally binding agreement. Therefore, B does not have any legal remedy to recover the amount promised by A.
7.
______________ is made by words spoken.
Correct Answer
A. Express Contract
Explanation
An express contract is made by words spoken, as it is created through explicit agreements and clear communication between the parties involved. This type of contract is formed when the terms and conditions are specifically stated and agreed upon by both parties, whether orally or in writing. In contrast, an implied contract is formed based on the conduct and behavior of the parties, while a tacit contract is an agreement that is understood and inferred from the circumstances. An unlawful contract, on the other hand, is an agreement that is against the law and therefore not enforceable.
8.
A, a tradesman, left certain goods at B’s house by mistake. B treated and used the goods as his own. In this case, B is-
Correct Answer
C. Liable to pay for the goods
Explanation
In this case, B is liable to pay for the goods because he treated and used the goods as his own even though they were left at his house by mistake. By using the goods, B has essentially accepted ownership and is therefore responsible for compensating A for the value of the goods.
9.
A contract in which, under the terms of a contract, one or both the parties have still to perform their obligations in future, is known as-
Correct Answer
B. Executory contract
Explanation
An executory contract refers to a contract where one or both parties have yet to fulfill their obligations in the future. This means that the terms of the contract have been agreed upon, but the performance of those terms is still pending. It is different from an executed contract, where both parties have already fulfilled their obligations. A unilateral contract is a type of contract where one party makes a promise in exchange for the other party's performance, while none of the above is self-explanatory.
10.
B makes to memorize a proposal to his parrot and sends him to A to recite the proposal. The parrot does so. The proposal is-
Correct Answer
A. Valid
Explanation
The proposal is considered valid because the parrot successfully recited it as instructed by B. The fact that B was able to teach the proposal to the parrot and the parrot was able to accurately recite it implies that the proposal is legally binding and meets the necessary requirements to be considered valid.