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Test: Ex nudo pacto non oritur actio - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Ex nudo pacto non oritur actio

Test: Ex nudo pacto non oritur actio for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Ex nudo pacto non oritur actio questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Ex nudo pacto non oritur actio MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Ex nudo pacto non oritur actio below.
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Test: Ex nudo pacto non oritur actio - Question 1
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What does the legal principle "Ex nudo pacto non oritur actio" emphasize in contracts?

Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 1
The legal principle "Ex nudo pacto non oritur actio" underscores the importance of consideration in contracts. Consideration refers to the benefit that each party in a contract receives or expects to receive as part of the agreement. It is a crucial element in forming a legally binding contract as it ensures a mutual exchange of value between the parties involved. Without consideration, a contract lacks the essential element needed for enforceability.
Test: Ex nudo pacto non oritur actio - Question 2
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In a contractual agreement, what role does consideration play?

Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 2
Consideration in a contractual agreement represents the benefit that each party receives or expects to receive as part of the contract. It is the essential element that signifies the exchange of value between the parties involved. Without consideration, a contract may be deemed unenforceable by law due to the lack of mutual obligation.
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Test: Ex nudo pacto non oritur actio - Question 3
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Why is consideration considered a fundamental aspect of a legally binding contract?

Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 3
Consideration is deemed fundamental in a legally binding contract because it protects parties from being held to promises made without receiving anything in return. It ensures that there is a mutual exchange of value between the parties, thereby making the contract valid and enforceable. This principle safeguards individuals from being bound by one-sided promises that lack reciprocity.
Test: Ex nudo pacto non oritur actio - Question 4
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What is the significance of consideration in a contract according to the Indian Contract Act, 1872?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 4
Consideration holds a vital role in a contract according to the Indian Contract Act, 1872, as it is essential for a contract to be legally valid. It ensures that there is a mutual exchange of value between the parties involved, indicating a serious intention to create a legal relationship. Without consideration, a contract is considered void. This principle safeguards against gratuitous promises and emphasizes the binding nature of agreements.
Test: Ex nudo pacto non oritur actio - Question 5
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Which section of the Indian Contract Act, 1872, provides exceptions to the rule of consideration in contracts?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 5
Section 25 of the Indian Contract Act, 1872, outlines exceptions to the rule of consideration in contracts. These exceptions allow for certain contracts to be valid and enforceable even in the absence of traditional consideration. This section provides flexibility in specific situations where the law recognizes the validity of agreements based on factors other than the typical exchange of value.
Test: Ex nudo pacto non oritur actio - Question 6
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Why is consideration considered a fundamental element in a contract?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 6
Consideration is deemed a fundamental element in a contract because it underscores the seriousness and intention of the parties involved in creating a legally binding agreement. It signifies that each party is giving something of value in exchange for the promise of the other, establishing a mutual obligation. This aspect of consideration helps differentiate between social promises and legally enforceable contracts, ensuring that agreements are based on a foundation of reciprocity and intention to be legally bound.
Test: Ex nudo pacto non oritur actio - Question 7
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What is one of the exceptions to the rule of consideration that involves gifts given to close relatives?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 7
One exception to the rule of consideration involves gifts given to close relatives out of natural love and affection. These gifts need to be in writing and registered to demonstrate the genuine nature of the gift. This exception recognizes the familial bond that exists between close relatives and allows for such gifts to be valid without the typical requirement of consideration.
Test: Ex nudo pacto non oritur actio - Question 8
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In the context of exceptions to valid consideration, what does the Latin maxim "Ex nudo pacto non oritur actio" emphasize?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 8
The Latin maxim "Ex nudo pacto non oritur actio" underscores the significance of consideration in contracts by stating that a contract without consideration is not legally enforceable. This maxim highlights the essential role that consideration plays in forming a legally binding contract, emphasizing that the absence of consideration can render a contract null and void.
Test: Ex nudo pacto non oritur actio - Question 9
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Which exception to the rule of consideration involves compensation for past voluntary services rendered without explicit consideration?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 9
One of the exceptions to the rule of consideration involves compensation for past voluntary services rendered, where such services may be recognized even without explicit consideration. This exception acknowledges situations where individuals have provided services voluntarily in the past and deserve compensation without the need for traditional consideration.
Test: Ex nudo pacto non oritur actio - Question 10
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In the context of contract law, what does the Latin term "Ex nudo pacto non oritur actio" signify?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 10
The Latin term "Ex nudo pacto non oritur actio" signifies that a contract without consideration cannot lead to legal consequences. Consideration is a vital element in contract law, and for a contract to be legally enforceable, there must be something of value exchanged between the parties. This principle ensures that contracts are based on a mutual exchange and that both parties receive something of worth.
Test: Ex nudo pacto non oritur actio - Question 11
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Why do courts globally emphasize the importance of consideration in contractual agreements?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 11
The correct answer is Option C: To ensure fairness and equity. Courts emphasize the importance of consideration in contractual agreements to safeguard parties from being taken advantage of in their relationships. By requiring mutual benefits, the principle of consideration promotes fairness, equity, and balance in contractual dealings.
Test: Ex nudo pacto non oritur actio - Question 12
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According to the interpretation by the Madras High Court in the case of Mrs. Suseela & Others v. P.M. Veeraragavan & Ors., what is essential for a promise to create legal obligations?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 12
The Madras High Court in the case of Mrs. Suseela & Others v. P.M. Veeraragavan & Ors. stated that for a promise to create legal obligations, it must have consideration and be made with sufficient formality. This means that there needs to be an exchange of something of value between the parties for the promise to be legally enforceable. Additionally, the promise should meet the necessary formal requirements to be binding in a court of law.
Test: Ex nudo pacto non oritur actio - Question 13
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In the case of White v. Bluett, what was the key issue regarding Bluett's situation?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 13
In the case of White v. Bluett, the key issue regarding Bluett's situation was the absence of consideration. Bluett's father promised to discharge a debt in exchange for Bluett ceasing complaints. However, the court found that this promise lacked consideration as the act of stopping complaints did not hold any economic value. Therefore, the promise was not legally binding due to the absence of consideration.
Test: Ex nudo pacto non oritur actio - Question 14
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What fundamental concept in contract law states that a contract lacking consideration is not legally enforceable?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 14
The correct answer is Option C: Ex nudo pacto non oritur actio. This Latin maxim is a fundamental concept in contract law, emphasizing that a contract without consideration is not legally enforceable. Consideration is vital in ensuring that both parties receive something of value in the contract, leading to a valid and enforceable agreement.
Test: Ex nudo pacto non oritur actio - Question 15
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What role does the Latin maxim "Ex nudo pacto non oritur actio" play in guiding legal decisions?
Detailed Solution for Test: Ex nudo pacto non oritur actio - Question 15
The correct answer is Option C: It protects the rights of parties involved. The Latin maxim "Ex nudo pacto non oritur actio" guides legal decisions by ensuring that contracts have consideration, thereby protecting the rights of all parties involved in the contractual agreement. This principle helps maintain the integrity and fairness of contractual relationships.
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