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Contract Act Test 2 for Judiciary Exams

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📚 Contract Act Test 2 | Fully Solved

Preparation for RJS, DJS, PCS(J) and other Judicial Service exams. The Contract Act forms the bedrock of civil law. Its thorough knowledge is a must for all aspirants. Delhi Law Academy Jaipur presents below fully solved test questions.

📝 Questions & Answers

Q18: Which one of the legal propositions is correct?

  • It is necessary for a contract to be valid that the consideration should be adequate.
  • An agreement made on account of natural love and affection, without consideration, is void.
  • Inadequacy of consideration renders the contract void ab initio.
  • Inadequacy of consideration does not affect the validity of the agreement.

Ans: d

Q19: An agreement to keep the offer open for a certain period of time cannot be cancelled before the expiry of that time period if

  • It has sufficient consideration
  • It is made with lawful objective
  • It has been accepted with a condition subsequent
  • It is provisionally accepted

Ans: a

Q20: A tells B that he will pay him Rs. 1,000 when he turns 30. Is this a contingent contract?

  • No, B definitely will turn 30. There is no possibility of the event not happening. This is not a contingent contract.
  • Yes, the payment is contingent upon the occurrence of an event
  • Yes, when B turns 30, a will pay him Rs. 1000
  • No, there is no consideration

Ans: b

Q21: If the time is not the essence of the contract, the failure to perform the contract by the specified time makes the contract…

  • Void
  • Remains valid and can be performed at any subsequent time without the promisor being liable for the loss suffered by the promisee
  • Voidable at the instance of the promisee
  • Remains valid but the promisee can claim compensation for the loss suffered by him by such failure

Ans: d

Q22: Which of the following statement is correct in the Indian context?

  • Consideration can only be present
  • Consideration can only be present and future
  • Consideration can be past, present and future
  • Past consideration is no consideration

Ans: c

Q23: Section 73 of the Indian contract act incorporates rules from which of the following cases?

  • East Ham B.C. v. Bernard Sunley & sons ltd
  • Shearson Lehman Button Inc. v. Maclaine Watson & co ltd.
  • Fish v. Kempton
  • Hadley v. Baxendale

Ans: d

Q24: Accord and satisfaction are terms related to

  • Performance of contract
  • Contingent contracts
  • Impossibility of performance of contract
  • Breach of contract

Ans: a

NOTE: An accord and satisfaction example is when a contract is fulfilled using different terms than what was originally agreed upon, but still considered settled. Accord = agreement, Satisfaction = fulfillment. Essentially, accord and satisfaction is a contract within a contract.

Q25: A orders a pizza from dominos. The dominos delivery person accidentally delivers it to C. C eats it. Is C obliged to pay dominos for the pizza?

  • No, the mistake was made by the pizza delivery man
  • No, C didn’t make any mistake
  • Yes. C ate the pizza knowing that he hadn’t ordered it. Having derived the benefit of the contract, he must now pay for it.
  • Yes. C stole the pizza

Ans: c

Q26: An acceptance can be revoked

  • neither at any time before the communication of acceptance is complete as against the promisee nor after its acceptance comes to the knowledge of the promisor
  • after its acceptance comes to the knowledge of the promisor
  • at any time before the communication of acceptance is complete as against the promisee
  • either at any time before the communication of acceptance is complete as against the promisee or after its acceptance comes to the knowledge of the promisor

Ans: c

Q27: Insurance covers and railway carriage receipts are examples of

  • Standard form contracts
  • Counter proposals
  • Letter of intent
  • Provisional contracts

Ans: a

NOTE: Standard Form Contracts are agreements with standardized, non-negotiable provisions, usually preprinted. One party sets terms; the other has little to no negotiation power.

Q28: In the Indian context an agreement in restraint of trade is valid if it relates to

  • Sale of goodwill
  • Mutual adjustment
  • Business contingency
  • None of the choices

Ans: a

Q29: Where the proposal and acceptance is through letters, the contract is made

  • at the place at which the acceptance is addressed
  • at the place where the acceptance is received
  • all these choices
  • at the place where the letter of acceptance is posted

Ans: a

Q30: A clause in a loan agreement permitting the financier to seize the financed vehicle in the event of default in payment would amount to

  • Voidable agreement due to fraud
  • Unlawful agreement due to coercion
  • Void agreement due to unequal bargaining power
  • Void agreement due to mistake

Ans: c

Q31: A contract with or by a minor is a

  • Voidable contract
  • Void contract
  • Valid contract
  • Voidable at the option of either party

Ans: b

Q32: Surety has the following rights against the creditor…

  • (i) Right to securities
  • (ii) Right to share reduction
  • (iii) Right of set off
  • (iv) Right of subrogation
  • (i), (iii) and (iv)
  • None of the choices
  • (i), (ii) and (iii)
  • All of the choices

Ans: c

Q33: The damages under section 73 of Indian contract act are

  • Penal
  • Liquidated
  • Compensatory
  • None of the choices

Ans: c

NOTE: When a contract has been broken, the party suffering is entitled to compensation for any loss caused by the breach.

Q34: The term consensus ad-idem means

  • Reaching an agreement
  • Meeting of minds upon the same thing in the same sense
  • General consensus
  • All of the above

Ans: b

Q35: ‘A’ contracts with B to pay him a large sum of money when he marries C. B married D instead. He now asks for the money. Is the contract now void?

  • The contract is valid and enforceable now as it depends on B marrying and not who he marries
  • The contract is void as it restrains B’s choice in marriage
  • The contract is still valid as B may still marry C at some point in future, and would then become eligible for money
  • The contract is void as B has married someone else

Ans: d

NOTE: Section 32: Contingent contracts to do or not to do anything if an uncertain future event happens: If the event becomes impossible, such contracts become void.

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Contract Act FAQs

📘 FAQs on Contract Act

The contract is voidable on the ground of fraud ✅.

Past consideration is valid only in Indian Law and not in English Law ✅.

Yes, since the provisions supplied constituted necessaries, the supplier can recover the money ✅.

On equal footing ✅.

No, such an agreement is void as it is in restraint of trade ✅.

The case is Kedar Nath v. Gorie Mohd ✅.

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