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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Judiciary Exams MCQ

Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: Clayton’s Rule of Appropriation of Payments under Contract Act

Test: Clayton’s Rule of Appropriation of Payments under Contract Act for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Clayton’s Rule of Appropriation of Payments under Contract Act questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Clayton’s Rule of Appropriation of Payments under Contract Act MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Clayton’s Rule of Appropriation of Payments under Contract Act below.
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Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 1
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According to Section 59 of the Indian Contract Act, 1872, when a debtor makes a payment without specifying which debt it is for, the debtor can later request the creditor to apply the payment to a particular debt. This rule applies to scenarios with multiple distinct debts and not a single debt or different parts of one debt. What is the fundamental principle that should dictate how the payment is applied in such cases?

Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 1
In cases where a debtor makes a payment without specifying the debt, the fundamental principle that should dictate how the payment is applied is the intention of the debtor. This principle ensures that the debtor has a say in how their payment is allocated, maintaining fairness and transparency in the process.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 2
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When a debt has been legally merged into a decree or judgment, which provision from the Indian Contract Act, 1872, does not apply regarding the appropriation of payments by the debtor?

Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 2
When a debt has been legally merged into a decree or judgment, Section 59 of the Indian Contract Act, 1872, regarding the debtor's appropriation of payments, does not apply. This exception highlights the specific circumstances where the rules for payment allocation are different due to the legal consolidation of debts.
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Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 3
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When a debtor owes multiple debts to a creditor and makes a payment without specifying the debt, what can the creditor do to ensure proper allocation of the payment according to the Indian Contract Act, 1872?

Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 3
To ensure proper allocation of a payment when a debtor does not specify the debt, the creditor can explicitly indicate how the payment should be allocated. By clearly stating the allocation, the creditor follows the debtor's instructions and maintains transparency in the payment process.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 4
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What is the fundamental principle that governs the allocation of payments made by a debtor to a creditor according to Section 59 of the Indian Contract Act, 1872?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 4
The fundamental principle underlying the allocation of payments made by a debtor to a creditor, as per Section 59 of the Indian Contract Act, 1872, is that the intention of the payer should dictate how the payment is applied. This principle ensures that the debtor has the right to specify which particular debt the payment should be allocated to, and the creditor must adhere to the debtor's instructions regarding the payment distribution. This rule emphasizes the importance of honoring the debtor's intentions in resolving multiple debts.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 5
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In what scenario does the provision of Section 59 of the Indian Contract Act, 1872, regarding payment allocation not apply?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 5
The provision outlined in Section 59 of the Indian Contract Act, 1872, concerning the allocation of payments does not apply when the debt has been legally merged into a decree or judgment. In such cases, where the debt has been consolidated into a legal order, the debtor's right to request specific allocations of payment no longer exists, as the debt is now under a unified legal status.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 6
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How can a creditor indicate their decision on how a payment should be allocated according to the provisions of the Indian Contract Act, 1872?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 6
As per the Indian Contract Act, 1872, a creditor can indicate their decision on how a payment should be allocated either implicitly or explicitly. This means that the creditor can communicate their preference regarding payment allocation through direct statements or actions, or it can be inferred from their conduct or the circumstances surrounding the payment.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 7
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What key concept does Clayton's Rule of Appropriation of Payments primarily address?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 7
Clayton's Rule of Appropriation of Payments focuses on the ability of a debtor with multiple debts to request the creditor to allocate payments to a specific debt if both parties agree. This rule was established in the case of Devaynes vs Noble. It addresses the process by which payments can be assigned to a particular debt, providing clarity and guidance in debt repayment scenarios.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 8
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What action must a creditor take if they do not agree to allocate a payment as per the debtor's wishes under Section 59 of the Indian Contract Act, 1872?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 8
If a creditor does not agree to allocate a payment according to the debtor's wishes as specified in Section 59 of the Indian Contract Act, 1872, they must refuse the payment and assert their legal rights. By refusing the payment, the creditor maintains their position and upholds their rights regarding the allocation of payments, emphasizing the importance of adhering to legal provisions governing debt repayment.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 9
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What was the outcome of the partnership contract in the Devaynes vs Noble case based on legal interpretation?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 9
The legal interpretation of the partnership contract in the Devaynes vs Noble case deemed it as both joint and several, indicating a unique treatment by equity courts compared to other contract types. This distinction is essential as it influences how liabilities are distributed among partners and impacts legal proceedings in case of disputes or debts.
Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 10
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What key concept is exemplified by the case background of the Devaynes vs Noble case?
Detailed Solution for Test: Clayton’s Rule of Appropriation of Payments under Contract Act - Question 10
The case background of the Devaynes vs Noble case highlights the scenario where, after the death of a partner in a banking firm, the surviving partners continued trading without changes. Despite this, the estate of the deceased partner remained liable to creditors, emphasizing the legal intricacies concerning the treatment of a deceased partner's estate in business partnerships.
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