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Test: Nature Of Contracts- 1


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30 Questions MCQ Test Business Laws for CA Foundation | Test: Nature Of Contracts- 1

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Test: Nature Of Contracts- 1 - Question 1

The juristic concept of contract consists of:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 1

The juristic concept of contract comprises two constituent elements—'obligation' and 'agreement'. Obligation means a legal tie, which imposes upon a determinate person or persons, the necessity of doing, or abstaining from doing, a definite act or acts.

Test: Nature Of Contracts- 1 - Question 2

In case of illegal agreements the collateral agreements are?

Detailed Solution for Test: Nature Of Contracts- 1 - Question 2

An agreement which loses its legal status is a void agreement. An illegal agreement is one which is not permissible under law. ... Conversely, collateral agreements of an illegal agreement cannot be enforceable by law as they are void ab initio.

Test: Nature Of Contracts- 1 - Question 3

In an auction sale, X is the highest bidder. The auctioneer accepts the offer by not speaking but striking the hammer on the table. This amounts to:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 3

Implied offer is one in which parties to contract do not clearly speak to each other but duty is formed by circumstances e.g;- here striking the hammer on the table by auctioneer shows that he is ready to accept his offer. that is why it is called implied offer.

Test: Nature Of Contracts- 1 - Question 4

An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other, is a:

Test: Nature Of Contracts- 1 - Question 5

An Executed Consideration is:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 5

A consideration which consists of the performnance, it is "executed" i.e. an act done in response to a positive promise. Where it consists only of a promise it is executory. For example where A pays Rs. 5,000 to B to deliver certain quantity of rice, to which B agrees, here consideration for B is executed by 'A' as he has already paid Rs 5,000 where as B's promise is executory as he is yet to deliver the rice.

Test: Nature Of Contracts- 1 - Question 6

A contract in which, under the terms of a contract, nothing remains to be done by either party is known as

Detailed Solution for Test: Nature Of Contracts- 1 - Question 6

An executed contract is one in which nothing remains to be done by either party

Test: Nature Of Contracts- 1 - Question 7

X offers to sell his house to Y for Rs. 10 Lacs and states in his letter that the offer would be considered as accepted if acceptance is not communicated within a certain time. Here, the letter of X would:

Test: Nature Of Contracts- 1 - Question 8

Which one of the following promises is enforceable?

Detailed Solution for Test: Nature Of Contracts- 1 - Question 8

Section 25 states Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.—An agreement made without consideration is void, unless"
(1) it is expressed in writing and registered under the law for the time being in force for the registration of 1[documents], and is made on account of natural love and affection between parties standing in a near relation to each other; or unless
(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or unless.
(3) It is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. In any of these cases, such an agreement is a contract. 

  • Explanation 1.—Nothing in this section shall affect the validity, as between the donor and donee, of any gift actually made. 
  • Explanation 2.—An Agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given.

According to this option A is a promise which is enforceable.

Test: Nature Of Contracts- 1 - Question 9

P agrees to pay a certain sum to Q, if Q brings on earth a star from sky. This is a:

Test: Nature Of Contracts- 1 - Question 10

S offered a reward to anyone who returns his lost dog. F bought the dog to S without having heard of the offer. Which of the following is correct?

Detailed Solution for Test: Nature Of Contracts- 1 - Question 10

Answer is B because F was not knowing about the offer of reward for finding S's dog therefore he cant claim that.

Test: Nature Of Contracts- 1 - Question 11

A agrees to sell to B a horse for Rs. 25,000 if he wins race and for Rs. 15,000 if he does not. The horse wins the race. The agreement is: 

Detailed Solution for Test: Nature Of Contracts- 1 - Question 11

According to Section 2(g), "Agreement not enforceable by law is said to be void." Such agreement are void as initio which means that they are enforceable right from the time they are made. Similarly according to Section 30 of the Indian Contract Act, 1872, a wagering agreement is an agreement between two persons under which money or money's worth is payable, by one person to another on the happening or non- happening of a future uncertain event is called a wagering agreement. Hence, in this case where A agrees to sell to B a horse for Rs. 25,000 if it wins a race and for Rs. 15,000 if does not. The horse wins the race. the agreement between A and B is void and wagering as the agreement between them is unenforceable and wagering because money is payable on the horse winning the race.

Test: Nature Of Contracts- 1 - Question 12

On the 5th of a month X makes an offer to Y, by a letter, which reaches Y on 6th.On the 7th, Y posts his letter of acceptance. Meanwhile, on the 6th X posts a letter to Y revoking the offer. On seeing it Y sends a telegram to X on 8th confirming the acceptance given through his letter of the 7th. Discuss the legal of three letters and telegram:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 12

Under Section 5, of the Indian Contract Act,1872, a proposal may be revoked at any time, before the communication of its acceptance is completed against the proposer/ offeror. So in this case on the 5th of a month X makes an offer to Y, by a letter which reaches Y on 6th and on the 7th, Y posts his letter of acceptance. Meanwhile on the 6th, X posts a letter to Y revoking the offer, so as a result of X's revocation on 6th, the offer made by him earlier is revoked and there is no contract between X and Y.

Test: Nature Of Contracts- 1 - Question 13

X promises to pay Z Rs 5,00,000 if Z can make his dead wife alive. Such an agreement is:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 13

According to Section 56 of the Indian Contract Act, 1872, "An agreement to do an impossible Act is void". hence in this case X promises to pay Z Rs 5,00,000 if Z can make his dead wife alive, such a contract is also void as X makes a promise to pay money's worth of Rs 5,00,000 for a task which is impossible to perform.

Test: Nature Of Contracts- 1 - Question 14

The person making a proposal is called....

Detailed Solution for Test: Nature Of Contracts- 1 - Question 14

The person making the proposal is called the promisor, and the person accepting the proposal is called the 'promisee'

Test: Nature Of Contracts- 1 - Question 15

X makes a proposal to Y, which Y accepts. But before the acceptance came to the knowledge of X, Y revokes his acceptance by telegram :When is the revocation complete?

Detailed Solution for Test: Nature Of Contracts- 1 - Question 15

Correct Answer :- a

Explanation : A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards." An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. 

Illustrations A proposes, by a letter sent by post, to sell his house to B. A proposes, by a letter sent by post, to sell his house to B." B accepts the proposal by a letter sent by post. B accepts the proposal by a letter sent by post." A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards." B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not afterwards. B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not afterwards."

Hence, in this case X makes a proposal to Y, which Y accepts. But before the acceptance came to the knowledge of X, Y revokes his acceptance by telegram. The revocation is complete when the telegram is received by X.

Test: Nature Of Contracts- 1 - Question 16

When an offer is made to the world at large, it is ________ offer

Test: Nature Of Contracts- 1 - Question 17

In case of unenforceable contract having some technical defect, parties

Detailed Solution for Test: Nature Of Contracts- 1 - Question 17

An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or void ab initio) and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not.

Test: Nature Of Contracts- 1 - Question 18

An offer is made with an intention to have negotiation from other party. This type of offer is:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 18

 

 Invitation to offer is an attempt to induce offer and precedes a definite offer, example an advertisement given to sell something. Such advertisements are offers to negotiate offers to receive offers. Hence, an offer made with an intention to have negotiation from other party is an invitation to offer.

Test: Nature Of Contracts- 1 - Question 19

_____________ contracts are also called contracts with executed consideration.

Detailed Solution for Test: Nature Of Contracts- 1 - Question 19

Completed contracts are also called contracts with executed consideration i.e. the consideration for the promise in a contract is given or executed.

Test: Nature Of Contracts- 1 - Question 20

 _________ is a game of chance.

Detailed Solution for Test: Nature Of Contracts- 1 - Question 20

Agreements entered into between parties under the condition that money is payable by the first party to the second party on the happening of a future uncertain event, and the second party to the first party when the event does not happen, are called Wagering Agreements or Wager. There should be mutual chance of profit and loss in a wagering agreement. Generally wagering agreements are void.

Test: Nature Of Contracts- 1 - Question 21

Legal obligation means a duty enforceable by:

Test: Nature Of Contracts- 1 - Question 22

“Holiday Packages” announced as an advertisement are an example of _________:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 22

Invitation to an offer is only a circulation of an offer as distinguished from offer. It is an attempt to induce people and precede a definite offer. Eg:- an advertisement given to sell something.Similarly, an advertisement of holiday packages is an invitation to offer and not an offer.

Test: Nature Of Contracts- 1 - Question 23

When a bookseller sells a book on cash payment then it is called as ______.

Detailed Solution for Test: Nature Of Contracts- 1 - Question 23

Executed Contract means acontract that has been fully performed by both parties. In other words, acontract whose terms have been completely fulfilled. Here the bookseller sold his book and at the same time the other party has paid the amount and hence both parties had performed in the contract so option C is correct answer

Test: Nature Of Contracts- 1 - Question 24

A contract is an agreement:-

Test: Nature Of Contracts- 1 - Question 25

There is no binding Contract in case of -------- as one’s offer cannot be construed as acceptance

Test: Nature Of Contracts- 1 - Question 26

A specific offer can be accepted by ______.

Detailed Solution for Test: Nature Of Contracts- 1 - Question 26

When offer is made to a definite person, it is known as specific offer and such offer can be accepted by that specified persons only.

Test: Nature Of Contracts- 1 - Question 27

A offers to sell his house to B, who agrees to purchase it subject to approval by B’s solicitors. Which one of the statements in correct?

Test: Nature Of Contracts- 1 - Question 28

Non-fulfillment by an offeree of a condition precedent to acceptance leads to _________:

Detailed Solution for Test: Nature Of Contracts- 1 - Question 28

If an offer contains a condition that offeree has to perform that condition as a token of acceptance and the offeree fails to fulfill the condition then, it amounts to non- acceptance on the part of offeree. In such a case, offer is said to have been lapsed.

Test: Nature Of Contracts- 1 - Question 29

The Contract Act of 1872 was enacted on

Detailed Solution for Test: Nature Of Contracts- 1 - Question 29

The Indian Contract Act1872 prescribes the law relating to contracts in India and is the key act regulating Indian contract law. The Contract Act of 1872 was enacted on 25 April 1872.

Test: Nature Of Contracts- 1 - Question 30

Which one of the following element is not necessary for a contract?

Detailed Solution for Test: Nature Of Contracts- 1 - Question 30

 

As per Indian Contract Act 1872, section 10 contains option a,c and d except option b
Reasonable term and condition is not necessary to make a contract.

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