1.
The term 'offer or proposal' in legal terms,is defined in
Correct Answer
A. Section 2(a)
2.
Which of the following statement is incorrect ?
Correct Answer
C. An offer,which is valid,in itself is sufficient to create legal relationship without any response from the other party
Explanation
This statement is incorrect because an offer, even if valid, is not sufficient to create a legal relationship without any response from the other party. In order for a contract to be formed, there must be acceptance of the offer by the other party. Both parties must agree to the terms of the offer in order for a legally binding agreement to be created.
3.
A person is said to make a proposal when he signifies to another his willingness to do or abstain form doing something with a view to
Correct Answer
B. Obtain the assent of that other person the proposed act or abstinence
Explanation
The correct answer is "Obtain the assent of that other person the proposed act or abstinence." This means that when a person makes a proposal, they are seeking the agreement or approval of the other person for the suggested action or decision. The proposal is made with the intention of obtaining the consent or agreement of the other person.
4.
The person making the offer is known as 'offeror' or 'promisor' and to whom it is made is known as
Correct Answer
C. Offeree or promise
Explanation
The correct answer is "Offeree or promise". In contract law, the person to whom an offer is made is known as the offeree or promise. They have the option to accept or reject the offer.
5.
Which of the following is not legal requirement ( i.e., essential element ) of a valid offer?
Correct Answer
D. It must be made to a specific and not to public at large
Explanation
The correct answer is that the offer must be made to a specific person and not to the public at large. This means that the offer must be directed towards a particular individual or group of individuals, rather than being open to anyone who may come across it. This requirement ensures that there is a clear intention to enter into a contract with a specific party, and allows the offeree to understand that the offer is meant specifically for them.
6.
Which of the following is the legal requirement of a valid offer?
Correct Answer
C. Both (a) and (b).
Explanation
A valid offer must have its terms definite and clear, meaning that the offer must clearly state the terms and conditions of the agreement. Additionally, it must be capable of creating a legal relationship, meaning that the offer must be serious and intended to create a legal obligation between the parties involved. Therefore, the correct answer is both (a) and (b).
7.
A sent his servant, B trace his missing nephew. After B left, A announced a reward of Rs 5,000 for anybody who discovered the boy. B discovered the missing boy without knowing about the reward. In this case
Correct Answer
A. B is not entitled to the reward as he did not know about the offer when he discovered the missing boy i.e., the offer to pay reward has not been communicated to him.
Explanation
B is not entitled to the reward because he did not know about the offer when he found the missing boy. The offer to pay the reward was not communicated to him, so he cannot claim it.
8.
A offers to sell to B'a hundred tonnes of oil'. It is not a valid offer because
Correct Answer
B. It is uncertain as there is nothing to show what kind of oil is intended to be sold.
Explanation
The correct answer is "It is uncertain as there is nothing to show what kind of oil is intended to be sold." This is because the offer does not specify the type of oil that is being sold, leaving it unclear and ambiguous. Without this crucial information, B cannot fully understand or assess the offer, making it invalid.
9.
A promised to buy a horse from B if it proved lucky. It is not a valid offer.
Correct Answer
A. True, as it is a vague and loose offer i.e., uncertain offer
Explanation
The given answer is true because the offer made by A to buy a horse from B is vague and uncertain. A promised to buy the horse only if it proved lucky, which is not a clear and definite condition. This makes the offer uncertain and not legally binding.
10.
A sent a telegram to B writing "will you sell me your Bumber Hall? Telegraph lowest cash price." B replied by telegram "lowest cash price for Bumber Hall Rs.50 lakh ". A sent another telegram stating I agree to purchase Bumber Hall for Rs.50 lakh asked by you . Please send your title deeds". In this case no valid contract arises and B is not bound to sell the Bumber Hall for Rs.50 lakh because B's telegram starting lowest cash price is not.
Correct Answer
C. An offer, but simply an answer to a question.
Explanation
The telegram sent by B stating the lowest cash price for Bumber Hall can be considered as an offer because it includes a specific price and it is made with the intention to sell the property. However, it is not a valid offer because it is simply an answer to a question posed by A. In order for a valid contract to be formed, there must be a clear offer and acceptance, and in this case, B's telegram does not meet the requirements of a valid offer. Therefore, B is not bound to sell the Bumber Hall for Rs.50 lakh.
11.
A shopkeeper's catalouge of price and display of goods in a shop with price list attached is:
Correct Answer
B. An invitation to receive offer at printed/listed price.
Explanation
The correct answer is "An invitation to receive offer at printed/listed price." This is because a shopkeeper's catalog with a price list attached is not considered a valid offer to sell at the printed/listed price. It is merely an invitation for customers to make an offer based on the listed prices. The shopkeeper has the discretion to accept or reject these offers.
12.
Which of the following statement is incorrect?
Correct Answer
D. An offer must be made to a specific person.
Explanation
The incorrect statement is "An offer must be made to a specific person." This is incorrect because an offer can be made to the world at large, meaning it is open to anyone who meets the specified conditions. An offer can also be made to a specific group or category of people.
13.
An offer may be
Correct Answer
C. Either (a) or (b)
Explanation
The correct answer is "Either (a) or (b)". This means that the offer could be either general only or specific only. It could be a general offer that is open to anyone, or it could be a specific offer that is only available to a certain group of people.
14.
A specific offer is one which is made to
Correct Answer
A. Ascertained person.
Explanation
The correct answer is "Ascertained person." This means that the specific offer is made to a particular individual or group of individuals who are identified or specified. It is not made to the public at large, relatives only, or males only.
15.
A general offer is one which is made to
Correct Answer
B. Public at large
Explanation
A general offer is one that is made to the public at large. This means that the offer is not specific to any particular person or group of people, but rather is open to anyone who meets the specified conditions or requirements of the offer. The offer is available to anyone who chooses to accept it, regardless of their relationship to the offeror or any other factors.
16.
A general offer made to the public at large is valid and a binding contract is made with a person who having the knowledge of the offer.
Correct Answer
A. Comes forward and acts accordingly.
Explanation
When a general offer is made to the public, it is considered valid and binding if a person with knowledge of the offer comes forward and acts accordingly. This means that the person accepts the offer by taking the necessary actions or steps as outlined in the offer. By doing so, they demonstrate their acceptance of the offer and create a legally binding contract with the offeror.
17.
In which of the following cases, the principle of an offer to public at large was recognised?
Correct Answer
C. Carlill v. Carbolic Smoke Ball Co.
Explanation
The principle of an offer to the public at large was recognized in the case of Carlill v. Carbolic Smoke Ball Co. In this case, the defendant company advertised a product that they claimed would prevent influenza and offered a reward to anyone who contracted influenza after using their product. The court held that the advertisement constituted a unilateral offer to the public at large, and the plaintiff, who had contracted influenza after using the product, was entitled to claim the reward. This case established the principle that an offer can be made to the public at large and can be accepted by anyone who meets the specified conditions.
18.
A general offer of a continuing nature can be accepted by
Correct Answer
C. Any number of persons until it is retraced.
Explanation
A general offer of a continuing nature means that the offer is open to acceptance by multiple individuals over a period of time. The correct answer, "Any number of persons until it is retraced," implies that the offer can be accepted by any number of people until someone retracts or withdraws their acceptance. This suggests that the offer remains open until someone decides to no longer accept it, regardless of the number of people who have already accepted it.
19.
A general offer requiring the finding of a missing thing or person
Correct Answer
A. Is closed as soon as the first information is received by the offeror.
Explanation
This answer suggests that a general offer requiring the finding of a missing thing or person is closed as soon as the first information is received by the offeror. This means that once the offeror receives any information regarding the missing thing or person, the offer is no longer open and cannot be accepted by anyone else.
20.
An offer accepted without knowledge does not confer any legal rights on the acceptor
Correct Answer
A. True, as the offer cannot be accepted without knowledge.
Explanation
This answer is correct because in order for an offer to be validly accepted, the acceptor must have knowledge of the offer. Without knowledge of the offer, there can be no acceptance and therefore no legal rights conferred on the acceptor.
21.
Which of the following statement is correct?
Correct Answer
C. Both (a) and (b), as an implied offer valid and recognized under law.
Explanation
Both statement (a) and (b) are correct because they state that there is an implied offer in both situations that is valid and recognized under the law. In an auction, when someone places a bid, it is considered an implied offer to buy the item being auctioned. Similarly, in a self-service restaurant, when someone consumes food, there is an implied promise to pay for it. Both of these actions are legally binding and enforceable.
22.
Which of the following are the essential elements of a valid offer?
Correct Answer
A. It must be definite and certain.
Explanation
An offer must be definite and certain in order to be valid. This means that the terms and conditions of the offer must be clear and specific, leaving no room for ambiguity or misunderstanding. The offeror's intention to be bound by the offer must also be expressed, indicating that they are serious about entering into a contractual agreement. Additionally, the offer must be made to a specific person or group of individuals, rather than being a general offer made to the public at large. Finally, the offer may be in the form of an invitation to receive offers, indicating that the offeror is open to negotiating and receiving counteroffers.
23.
The term 'acceptance' in legal terms is defined in
Correct Answer
B. Section 2(b)
24.
Which of the following statements is incorrect?
Correct Answer
C. Acceptance can be presumed form acceptor's silence
Explanation
Acceptance cannot be presumed from the acceptor's silence. In order for acceptance to be valid, it must be communicated to the offeror. Silence does not constitute acceptance unless there is an established agreement or custom between the parties that silence will be considered as acceptance.
25.
"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a promise'.
Correct Answer
A. True, as it is the legal definition of acceptance give in Section 2(b)
Explanation
The given answer is true because it accurately states that when a person accepts a proposal, it becomes a promise. This is in accordance with the legal definition of acceptance given in Section 2(b).
26.
The person to whom offer is made is known as Offeree or promise' and on acceptance, he is legally known as the
Correct Answer
B. Acceptor
Explanation
The correct answer is "acceptor". In contract law, the person to whom an offer is made is known as the offeree or promisee. Once the offeree accepts the offer, they become the acceptor. The acceptor is legally bound to fulfill the terms of the contract and is responsible for carrying out the obligations outlined in the agreement.
27.
On the acceptance of an offer by the offeree, which of the following persons becomes legally bound by the contract?
Correct Answer
C. Both the acceptor and the offeror
Explanation
Both the acceptor and the offeror become legally bound by the contract. The acceptor is bound because they have accepted the offer, indicating their agreement to the terms of the contract. The offeror is bound because their terms have been accepted by the acceptor. This mutual acceptance creates a legally binding agreement between both parties.
28.
Which of the following is not the legal requirement (i.e., essential element ) of a valid acceptance?
Correct Answer
D. It must be presumed form silence if not communicated within specified time.
Explanation
A valid acceptance must be communicated, absolute and unconditional, and accepted by a person with the authority to accept. However, it does not need to be presumed from silence if not communicated within a specified time. This means that silence cannot be considered as acceptance in the absence of communication within a specified time.
29.
Which of the following a is the legal requirement of a valid acceptance?
Correct Answer
A. It must be communicated to the offeror himself
Explanation
The correct answer is "It must be communicated to the offeror himself." This means that the acceptance must be directly communicated to the person who made the offer. It cannot be communicated through a third party or by any other means. This ensures that the offeror is aware of and has received the acceptance, and allows for clear communication between the parties involved in the contract.
30.
A agreed to supply coal to a Railway Company and sent the draft agreement for approval to B, the authorized official of the Railway Company. B approved the draft agreement and put it in his table drawer. In This case.
Correct Answer
B. No valid contract is concluded as the acceptance was not communicated.
Explanation
The correct answer is "No valid contract is concluded as the acceptance was not communicated." In order for a contract to be valid, acceptance of the proposal must be communicated to the other party. In this case, B approved the draft agreement but did not communicate this acceptance to A. Therefore, there was no valid contract concluded between the parties.
31.
A, by a letter, offered to sell his Maruti car to B for Rs.70,000. B wrote a letter stating that he was prepared to buy it for Rs.60,000. In this case,
Correct Answer
C. No valid contract is concluded as B's letter is only a counter offer and not acceptance.
Explanation
In this scenario, B's letter stating that he is prepared to buy the car for Rs.60,000 is considered a counter offer, not an acceptance. A counter offer is a rejection of the original offer and creates a new offer. Therefore, there is no valid contract concluded between A and B as B's letter does not constitute acceptance of A's offer. If B wants to buy the car, he should accept the original offer of Rs.70,000.
32.
Which of the following is the legal rule of a valid acceptance?
Correct Answer
D. All of the these
Explanation
An acceptance must be given within a prescribed or reasonable time. This means that the person accepting the offer should do so within a timeframe that is either specified in the offer or within a reasonable timeframe based on the circumstances. An acceptance must be given before the lapse of the offer. This means that the acceptance must be communicated to the person making the offer before the offer expires or is revoked. An acceptance may be express or implied. This means that the acceptance can be communicated explicitly or can be inferred from the actions or behavior of the person accepting the offer. Therefore, the correct answer is "All of these" because all of these statements are true regarding the legal rule of a valid acceptance.
33.
A, by a letter, offers to sell his T.V to B for Rs. 10,000. Without knowing A's offer, B, by a letter, offers to buy the same T.V form A for Rs. 10,000. In this case.
Correct Answer
B. No binding contract comes into existence as B's letter is merely a cross offer
Explanation
In this scenario, B's letter offering to buy the TV for Rs. 10,000 is considered a cross offer. A cross offer occurs when both parties make identical offers to each other without knowledge of the other's offer. In this case, B's letter is not considered an acceptance of A's offer, but rather a new offer. Therefore, there is no binding contract that comes into existence between A and B.
34.
Which of the following statements is incorrect?
Correct Answer
B. Communication of offer is complete when it is put in a course of transmissions to the office
Explanation
The correct answer is the third statement. Communication of acceptance, against the acceptor, is complete when it comes to the knowledge of the offeror. This means that the acceptance of an offer is considered complete when the offeror becomes aware of it. The other statements are incorrect because they either refer to the communication of the offer or the communication of acceptance, but not both.
35.
Legal provision relating to communication of communication of offer and acceptance is contained in
Correct Answer
C. Sec 3.
Explanation
The correct answer is Sec 3. The legal provision relating to the communication of offer and acceptance is contained in Section 3.
36.
Legal provision relating to communication of offer and acceptance is contained in
Correct Answer
D. Sec 4.
Explanation
The legal provision relating to communication of offer and acceptance is contained in Section 4.
37.
A, by a letter dated 25th December, 2006, offers to sell his house to 'B' for Rs.50 lakhs. The letter reaches B on 27th December,2006, who posts his acceptance on 28th December, 2006, which reaches A on 30th December, 2006. In this case, the communication of offer is complete on.
Correct Answer
B. 27th Dec,2006
Explanation
The communication of the offer is complete on 27th December, 2006. This is because the offer is made by A on 25th December, 2006, and it reaches B on 27th December, 2006. The communication is complete when the offer reaches the offeree, in this case, B. The subsequent posting of acceptance by B on 28th December, 2006, and its receipt by A on 30th December, 2006, are not relevant to the completion of the communication of the offer.
38.
In a contract through post , the acceptor becomes bound by the contract when properly addressed and stamped letter of his acceptance is
Correct Answer
B. Received by the offeror.
Explanation
The correct answer is "Received by the offeror." In a contract through post, the acceptor becomes bound by the contract when the letter of acceptance is received by the offeror. This means that the contract is legally enforceable once the offeror has physically received the acceptance letter, rather than when it is posted or signed by the acceptor.
39.
In a contract through post, the Offeror becomes bound by the contract when the letter of acceptor's acceptance is
Correct Answer
A. Posted to the offeror.
Explanation
In a contract through post, the Offeror becomes bound by the contract when the letter of acceptor's acceptance is posted to the offeror. This means that once the acceptor puts the acceptance letter in the mail and it is sent, the offeror is legally bound by the contract. The actual receipt of the letter by the offeror is not necessary for the contract to be valid.
40.
Where the offer and acceptance are made by letters, the contract is complete at a place where the letter of acceptance is
Correct Answer
C. Posted.
Explanation
When the offer and acceptance are made by letters, the contract is complete at the place where the letter of acceptance is posted. This means that once the letter of acceptance is put in the mail, the contract is considered complete and legally binding. This is because the act of posting the letter indicates the intention to accept the offer, and it is considered effective communication of acceptance. The actual receipt of the letter by the offeror is not necessary for the contract to be complete.
41.
Under the English Law, both the offeror and the acceptor become bound by the contract when the letter of acceptance is posted.
Correct Answer
A. True
Explanation
Under the English Law, the concept of "postal rule" states that when a letter of acceptance is posted, it is considered as a valid acceptance and both the offeror and the acceptor become bound by the contract. This means that even if the letter of acceptance is lost or delayed in the mail, the contract is still considered to be formed at the moment the letter was posted. Therefore, the statement "Under the English Law, both the offeror and the acceptor become bound by the contract when the letter of acceptance is posted" is true.
42.
A, by a letter , offers to sell his Motor cycle to B for Rs. 10,000 without knowing A's offsn. B by a letter, offers to buy the same motor cyde form A for Rs. 10,000 . Here,
Correct Answer
B. No binding contract comes into existence as B's letter is nearly a cross offer.
Explanation
The correct answer is "No binding contract comes into existence as B's letter is nearly a cross offer." This is because B's letter is not a clear acceptance of A's offer. Instead, it is a counter-offer, as B is offering to buy the motorcycle for the same price that A is offering to sell it. In order for a contract to be formed, there must be a clear acceptance of the original offer, without any additional terms or conditions. Since B's letter does not meet this requirement, there is no binding contract.
43.
Legal provisions relating to revocation of offer and acceptance are provided in
Correct Answer
C. Sec 5.
Explanation
Section 5 of the legal provisions relates to the revocation of offer and acceptance. This section likely outlines the circumstances under which an offer or acceptance can be revoked, such as if one party fails to fulfill their obligations or if there is a material change in the terms of the agreement. It may also specify the methods and timelines for revoking an offer or acceptance.
44.
Legal provisions relating to the communication of revocation of offer and acceptance are provided in
Correct Answer
B. Sec 4.
45.
An offer may be revoked by the offeror at any time before the letter of acceptance is
Correct Answer
A. Posted by the acceptor
Explanation
The correct answer is "Posted by the acceptor" because according to the given information, an offer can be revoked by the offeror before the letter of acceptance is received. Therefore, if the acceptance letter has been posted by the acceptor, it means that the offeror has not yet received it, and thus the offer can still be revoked.
46.
The legal rule relating to revocation of offer is that it can before the letter and acceptance are provided in
Correct Answer
B. The offeror.
Explanation
The legal rule relating to revocation of an offer is that it can be done by the offeror. This means that the person who made the offer has the right to withdraw or cancel it before it is accepted by the other party. The offeror has the power to revoke the offer at any time before it is accepted, even if the offer has already been communicated to the acceptor.
47.
Which of the following statement is correct?
Correct Answer
C. Both (a) and (b) are correct.
Explanation
Both statement (a) and (b) are correct. This is because the revocation of an offer is effective when it reaches the offeree before they mail their acceptance. Additionally, the offeror has the right to revoke their offer by using a faster mode of communication that reaches the acceptor before they post their acceptance. Therefore, both statements accurately describe the correct conditions for the revocation of an offer.
48.
An acceptance may be revoked by the acceptor at any time before the letter of acceptance is
Correct Answer
B. Received by the offeror.
Explanation
An acceptance may be revoked by the acceptor at any time before the letter of acceptance is received by the offeror. This means that even if the acceptor has already signed the letter of acceptance, they can still revoke it as long as it has not been received by the offeror. Therefore, the correct answer is "Received by the offeror."
49.
The legal rule relating to revocation of acceptance is that it can be revoked at any time before the communication of acceptance is complete against
Correct Answer
A. The accpetor.
Explanation
The legal rule states that revocation of acceptance can be done by the acceptor at any time before the communication of acceptance is complete. This means that the acceptor has the right to change their mind and withdraw their acceptance before the acceptance is fully communicated to the offeror. Therefore, the correct answer is the acceptor.
50.
Which of the following statement is correct?
Correct Answer
C. Both (a) and (b) are correct.
Explanation
Both statement (a) and (b) are correct. The revocation of acceptance is effective when it reaches the offeror before he receives the acceptance. Additionally, the acceptor may revoke his acceptance by a speedier mode of communication which reaches earlier than the acceptance itself.