Judiciary & LLM MCQ – 5

Q.1. Application for performance on a certain day to be at proper time and place is dealt under which of the following in the Indian Contract Act, 1872?

(a) Section 42

(b) Section 36

(c) Section 43

(d) Section 48

 

Q.2. Apportionment of relief or compensation obtained by such suits is dealt under which of the following in the Indian Contract Act, 1872?

(a) Section 176

(b) Section 171

(c) Section 181

(d) Section 178

 

Q.3. As a general rule, interest can be awarded only if_____________?

(a) it is payable by custom

(b) if there is an agreement, either express or implied, to pay interest

(c) under the provisions of any substantive law entitling the plaintiff to recover the same

(d) all of them

 

Q.4. As per principle mentioned in the second paragraph of Section 56 of the Indian Contract Act, 1872, a promise is discharged if, for some cause which the promisor could not prevent, performance may become impossible by:

I. change in law rendering a contract unlawful or impossible of performance

II. destruction or non-existence of the specific subject matter assumed by the parties to exist or continue in existence

III. the non-existence of a state of things assumed as the foundation of the contract

IV. such circumstances intervening which render the performance within the time in the way contemplated, impossible, although, performance of the contract according to its terms may be literally possible, the death or disability of the promisor, where the promise was to perform something in person

(a) II, III

(b) IV

(c) I

(d) All of them

 

Q.5. B accepts A’s proposal by a letter sent by post. The communication of the acceptance is complete.

(a) As against B, when the letter is posted; as against A, when the letter is received by B

(b) As against A, when the letter is received; as against B, when the letter is posted by A

(c) As against A, when the letter is posted; as against B, when the letter is received by A

(d) None of these

 

 

Q.6. In which of the following circumstances S. 141 of the Indian Contract Act, 1872 does not apply?

(a) Where the loss of property is due to act of God or enemies of the state

(b) Where loss is due to unavoidable accident

(c) Where creditor and the debtor agree between themselves to vary their original contract by reducing the amount to be advanced and the number of properties to be given as security, there being no parting of security in such as case

(d) All of them

 

Q.7. In which of the following exceptional cases a man will be relieved of the consequences of an illegal contract?

(a) Where the illegal purpose has not yet been substantially carried out before it is sought to recover the money paid or goods delivered in furtherance of it

(b) Where the plaintiff is not in pari delicto with the defendant

(c) Where the plaintiff does not have to rely upon the illegality to make out his claim

(d) All of them

 

Q.8. In which of the following the guarantor may terminate the guarantee at any time?

(a) A continuing guarantee, where the consideration is not an entire consideration, but the guarantee is not given in respect of a continuing indebtness, then, in the absence of a provision as to notice

(b) A continuing guarantee, where the consideration is not an entire consideration, but the guarantee is given in respect of a continuing indebtness, then, in the absence of a provision as to notice

(c) A continuing guarantee, where the consideration is not an entire consideration, but the guarantee is given in respect of a continuing credit, then, in the absence of a provision as to notice

(d) None of these

 

Q.9. B contracts to build a ship for C for a given sum, to be paid by installments as the work reaches certain stages. A become surety to C for B’s due performance of the contract. C, without the knowledge of A, prepays to B the last two installments.

(a) A is partly discharged by this pre-payment

(b) A is not discharged by this pre-payment

(c) A is discharged by this pre-payment

(d) None of these

 

Q.10.  Which one of the following situations ‘A’ will be liable for defamation?
`A’ writes a letter containing a defamatory matter about `B’ and;

(a) keeps it in a sealed envelope with himself

(b) sends it in a sealed envelope to `B’ but it is opened by his (A’s) butler

(c) sends it in a sealed envelope to ‘B’ but it is opened by B’s father

(d) sends it in sealed envelope to B’s wife

 

 

 

 

 

 

 

Answer

1.Correct Answer: D

2.Correct Answer: C

3.Correct Answer: D

4.Correct Answer: D

5.Correct Answer: C

6.Correct Answer: D

7.Correct Answer: D

8.Correct Answer: B

9.Correct Answer: C

10.Correct Answer: D