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Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act)

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Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 1

What characterizes a void agreement according to the Indian Contract Act, 1872?

Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 1
A void agreement, as defined by the Indian Contract Act, 1872, lacks legal enforceability right from its inception. This means that such agreements are considered null and void without any legal effect. It is crucial to understand the reasons for an agreement being deemed void, which can include factors like illegality, immorality, opposition to public policy, fraud, misrepresentation, or impossibility of performance.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 2

Which of the following is NOT a reason for an agreement to be considered void under the Indian Contract Act, 1872?

Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 2
While there are various reasons that can render an agreement void according to the Indian Contract Act, 1872, such as illegality, immorality, fraud, misrepresentation, or impossibility of performance, mutual consent to void the agreement is not one of them. Void agreements are primarily characterized by factors that make them unenforceable and lacking legal validity, emphasizing the importance of legality and ethical considerations in contractual relationships.
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Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 3

What renders agreements void if included in a contract due to their unlawful nature?

Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 3
Considerations that undermine legal provisions are considered unlawful and can render agreements void. This violation of legal standards can lead to the invalidity of a contract. It is essential for contracts to have considerations that are legally enforceable and do not contravene any legal provisions to ensure their validity and enforceability.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 4
In a contract, what type of considerations are classified as unlawful due to their nature?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 4
Considerations involving illegal activities are classified as unlawful in a contract. Any promise or agreement that involves engaging in activities that are against the law would render the contract void due to the illegality of the consideration. It is important for contracts to uphold legal standards and not involve any unlawful activities to ensure their validity and enforceability.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 5
What is an exception to the general rule that agreements without consideration are void, according to Section 25 of the Indian Contract Act?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 5
An exception to the rule that agreements without consideration are void is when the agreement is based on natural love and affection. In such cases, if the agreement is expressed in writing and registered, it can be considered valid under Section 25 of the Indian Contract Act. This exception typically involves agreements where there is a display of natural affection, such as a parent leaving property for their child out of love.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 6
When can a promise made by a promisor to compensate someone who has already performed something voluntarily be enforceable, despite the lack of initial consideration?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 6
A promise to compensate someone who has already performed something voluntarily can be enforceable even without initial consideration when the promise is made after the voluntary act has been completed. This means that if someone has already done something for another person without any expectation of compensation, and the promisor then promises to compensate them, this promise can be legally binding. It reflects a situation where the promisor acknowledges the voluntary act and agrees to provide compensation as a token of gratitude or recognition.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 7
According to Section 26 of the Indian Contract Act, agreements that aim to prevent individuals from marrying, other than minors, are considered invalid in order to uphold which fundamental right?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 7
Section 26 of the Indian Contract Act invalidates agreements that restrict individuals from marrying to safeguard their right to choose life partners freely. This provision ensures that individuals have the autonomy to make decisions concerning their personal lives without undue interference, protecting a fundamental aspect of individual liberty and personal choice.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 8
Which judicial body deliberated on a case involving two widows disputing the inheritance of land after their husband's death, related to the concept of restraint of marriage in India?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 8
The Allahabad High Court deliberated on a case involving two widows disputing the inheritance of land after their husband's death, which exemplifies the concept of restraint of marriage in India. The court's decision in this case likely set a precedent regarding the interpretation and application of laws related to marriage and inheritance rights in the country.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 9
According to section 27 of the Indian Contract Act, what conditions must be met for a restraint on trade during the sale of goodwill to be considered valid?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 9
In accordance with section 27 of the Indian Contract Act, for a restraint on trade during the sale of goodwill to be considered valid, certain conditions must be met. These include the seller being restricted from engaging in a similar business, the restriction being applicable within specific local limits, and the limitations imposed being deemed reasonable. This ensures a balance between protecting the interests of the party selling the goodwill and allowing for fair competition in the market.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 10
What is a key requirement for an agreement to be classified as an agreement in restraint of trade under section 27 of the Indian Contract Act?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 10
According to section 27 of the Indian Contract Act, an agreement in restraint of trade involves a situation where a person is restricted from engaging in their trade or profession in exchange for some benefit. This restriction is essential to the classification of such agreements and aims to ensure that individuals are not unduly limited in their ability to pursue their livelihoods.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 11
According to section 28 of the Indian Contract Act, which type of agreement is considered invalid?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 11
According to section 28 of the Indian Contract Act, agreements that restrict one or both parties from accessing courts are considered invalid. This provision aims to ensure that individuals retain the fundamental right to seek legal redress through the judicial system if needed, without undue restrictions. Limiting access to courts can undermine the principle of justice and fairness inherent in contractual relationships.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 12
In light of recent legal interpretations, why might an insurance agreement clause stating that the insurer is not liable if a claim is made after 12 months of the loss be considered valid?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 12
The clause in the insurance agreement that absolves the insurer of liability if a claim is made after 12 months of the loss may be considered valid because it pertains to forfeiting a right under the contract rather than obstructing legal proceedings. This distinction is crucial as it allows parties to voluntarily agree to certain terms that involve waiving specific rights within the contract. Such clauses aim to establish clear obligations and responsibilities between the parties involved, contributing to the overall enforceability and fairness of the agreement.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 13
Why is it important for a party seeking a remedy for a breached contract to accurately describe the obligations?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 13
It is crucial for a party seeking a remedy for a breached contract to accurately describe the obligations to justify the remedy sought. By providing a clear and precise description of the obligations that were breached, the party can effectively support their claim for a remedy. This clarity helps in demonstrating how the other party failed to meet their contractual obligations, thus strengthening the case for the sought remedy.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 14
Why are wagering agreements deemed void under the Indian Contract Act?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 14
Wagering agreements are considered void under the Indian Contract Act because they are founded on uncertain events where the outcome is solely dependent on chance. This characteristic of uncertainty and chance contradicts the principles of enforceable contracts, which typically involve a degree of predictability and intention to create legal obligations. As a result, wagering agreements are not legally binding in India due to their speculative nature and reliance on unpredictable outcomes.
Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 15
What is the defining characteristic of a wagering agreement under the Indian Contract Act?
Detailed Solution for Test: Void Agreements: Limitations on Freedom of Contract (S. 24 – 30, Indian Contract Act) - Question 15
A wagering agreement under the Indian Contract Act is characterized by the dependence on the happening or non-happening of a future uncertain event. Such agreements are considered void as they are based on outcomes determined solely by chance, involving shared chances of profit and loss. This aspect distinguishes them from contracts based on definite promises or certainties, making them legally unenforceable.
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