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Test: Exceptions to Consideration under Indian Contract Act - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Exceptions to Consideration under Indian Contract Act

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Test: Exceptions to Consideration under Indian Contract Act - Question 1

What is the significance of consideration in a contract according to the Indian Contract Act 1872?

Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 1
Consideration, as per the Indian Contract Act 1872, is a fundamental requirement for a valid contract. It signifies the exchange of something of value between the parties involved, forming the basis of a contract. This exchange can be in the form of money, goods, services, or promises. Without consideration, a contract lacks enforceability as it lacks mutuality. This legal concept ensures that parties enter into contracts with a sense of commitment and obligation.
Test: Exceptions to Consideration under Indian Contract Act - Question 2

Why is consideration considered a crucial element in the formation of a contract?

Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 2
Consideration plays a vital role in the formation of a contract as it ensures that the contract is legally binding. It represents the notion of reciprocity and fairness in contractual agreements. By requiring consideration, the law seeks to validate contracts where each party gives or promises something of value to the other. This exchange of value signifies a mutual intent to be bound by the terms of the contract, making it enforceable in a court of law. The presence of consideration helps prevent parties from entering into one-sided or illusory agreements, thus upholding the integrity and validity of contracts.
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Test: Exceptions to Consideration under Indian Contract Act - Question 3

What does consideration in the Indian Contract Act primarily refer to?

Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 3
Consideration in the Indian Contract Act refers to the exchange of something of value between parties in a contract. It is a fundamental element for the formation of a legally binding agreement. This exchange can take various forms such as an action, refraining from an action, or a promise. Without consideration, a contract is generally considered unenforceable. It signifies the intention of each party to be bound by the contract through the mutual exchange of benefits or detriments.
Test: Exceptions to Consideration under Indian Contract Act - Question 4
According to Section 2(d) of the Indian Contract Act 1872, how is consideration defined?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 4
Section 2(d) of the Indian Contract Act 1872 defines consideration as the exchange where one party does, abstains from, promises to do, or promises to abstain from doing something at the desire of the other party. This mutual exchange forms the basis of a contract. It highlights the essential aspect of reciprocity in contractual agreements, where each party provides something of value to the other.
Test: Exceptions to Consideration under Indian Contract Act - Question 5
Why is consideration crucial for the enforceability of a contract in the Indian Contract Act?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 5
Consideration is vital for the enforceability of a contract in the Indian Contract Act as it signifies the intention of each party to be bound by the terms of the contract. It demonstrates that there has been a mutual exchange of benefits or detriments, establishing a fair and voluntary agreement between the parties involved. This principle underpins the validity and legality of contracts in the Indian legal framework.
Test: Exceptions to Consideration under Indian Contract Act - Question 6
According to the Indian Contract Act of 1872, what is a key requirement for consideration to be valid in a contract?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 6
In accordance with the Indian Contract Act of 1872, for consideration to be deemed valid in a contract, it is crucial that both parties provide consideration that is sincere and believable. This ensures that the exchange within the contract is genuine and legally binding. Consideration forms the essence of a contract by demonstrating a mutual intention to be legally bound and ensuring fairness between the parties involved.
Test: Exceptions to Consideration under Indian Contract Act - Question 7
Why is it important for consideration to be at the promisor's request in a contract?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 7
The requirement for consideration to be given at the promisor's request is essential because, without this element, a contract cannot be considered legally binding. When consideration is provided at the promisor's desire, it signifies a deliberate intent to enter into a contractual agreement. This mutual exchange of promises or acts ensures that the contract is enforceable and protects the interests of both parties involved in the agreement.
Test: Exceptions to Consideration under Indian Contract Act - Question 8
In what scenario can the promisee offer consideration to a third party under the Indian Contract Act of 1872?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 8
Under the provisions of the Indian Contract Act of 1872, it is permissible for the promisee to offer consideration to a third party if such an arrangement has been agreed upon by the parties involved in the contract. This provision allows for the involvement of third parties in contractual agreements, with the understanding that the third party holds the right to take legal action against the contracting parties if necessary. This aspect enhances the flexibility and scope of contractual relationships under Indian contract law.
Test: Exceptions to Consideration under Indian Contract Act - Question 9
What type of consideration refers to a service already completed by the promising party?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 9
Present consideration refers to a service already completed by the promising party. This type of consideration distinguishes itself from future consideration, which represents a service promised but not yet fulfilled. It is important to understand the timing of consideration in contractual agreements to determine the enforceability and validity of promises made.
Test: Exceptions to Consideration under Indian Contract Act - Question 10
Which of the following is an exception to the consideration rule that does not require formal consideration for validity?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 10
Contracts based on natural love and affection are exceptions to the consideration rule and do not require traditional consideration for their validity. When parties with close relationships, such as relatives or spouses, make agreements out of love and affection, these agreements can be enforced without the need for typical consideration. This exception recognizes the unique nature of relationships and the intentions behind such agreements.
Test: Exceptions to Consideration under Indian Contract Act - Question 11
In which scenario does Section 185 of the Indian Contract Act allow for contracts without consideration?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 11
Section 185 of the Indian Contract Act permits the creation of agency contracts without the need for consideration. This provision allows for the establishment of agency relationships where one party, the agent, acts on behalf of another party, the principal, without the requirement of traditional consideration. Understanding such contractual provisions is crucial in recognizing the diversity of contract law and the exceptions that exist in different legal frameworks.
Test: Exceptions to Consideration under Indian Contract Act - Question 12
What type of contract can be enforced without traditional consideration when parties with close relationships, like relatives or spouses, make agreements out of love and affection?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 12
Contracts based on natural love and affection, such as agreements made between close relatives or spouses out of love, can be enforced without traditional consideration. This exception to the general rule of consideration in contracts allows for such agreements to be legally binding due to the special nature of the relationship between the parties involved.
Test: Exceptions to Consideration under Indian Contract Act - Question 13
Which type of contract allows for promises to pay debts that are past their due date to remain valid and enforceable, even in the absence of fresh consideration?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 13
Contracts involving promises to pay time-barred debts allow for debts that are past their due date to remain valid and enforceable, even without fresh consideration. This exception recognizes the moral obligation to fulfill a debt, even if it is no longer legally enforceable due to the expiration of the statute of limitations.
Test: Exceptions to Consideration under Indian Contract Act - Question 14
What legal concept is exemplified when one party authorizes another to act on their behalf in legal matters?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 14
The correct answer is Option D: Principle of Agency. When one party authorizes another to act on their behalf in legal matters, it falls under the Principle of Agency. This legal relationship creates a fiduciary duty between the principal and the agent, where the agent acts on behalf of the principal with the principal's consent and authority. The agent has the power to bind the principal in legal relations with third parties, subject to the scope of the agency relationship.
Test: Exceptions to Consideration under Indian Contract Act - Question 15
Which legal concept involves temporarily handing over possession of goods to someone else for a specific purpose?
Detailed Solution for Test: Exceptions to Consideration under Indian Contract Act - Question 15
The correct answer is Option C: Bailment. Bailment refers to the legal relationship that arises when physical possession of goods is transferred from one party to another for a specific purpose, under an express or implied agreement. The party transferring the goods is known as the bailor, and the party receiving the goods is the bailee. This arrangement involves the temporary transfer of possession without transferring ownership.
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