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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Free Consent under Indian Contract Act

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Test: Free Consent under Indian Contract Act - Question 1

What does Section 10 of the Indian Contract Act emphasize regarding the agreement between parties?

Detailed Solution for Test: Free Consent under Indian Contract Act - Question 1
Section 10 of the Indian Contract Act highlights the importance of free consent in agreements. Free consent signifies that the parties involved willingly and without coercion, undue influence, fraud, misrepresentation, or mistake enter into the agreement. This ensures that the agreement is based on mutual understanding and willingness, safeguarding the interests of all parties involved.
Test: Free Consent under Indian Contract Act - Question 2

According to the Indian Contract Act, what is a necessary condition for the parties involved in an agreement to be considered competent?

Detailed Solution for Test: Free Consent under Indian Contract Act - Question 2
The Indian Contract Act mandates that the parties engaged in an agreement must be competent to contract. This entails that they should be of sound mind and legal age. Being of sound mind and legally capable ensures that the parties can fully understand the terms of the agreement and enter into it without any impairment.
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Test: Free Consent under Indian Contract Act - Question 3

Which aspect ensures that an agreement is not void under the Indian Contract Act?

Detailed Solution for Test: Free Consent under Indian Contract Act - Question 3
For an agreement to be upheld and not declared void under the Indian Contract Act, it must involve lawful consideration and object. This means that the agreement should be based on a lawful purpose and consideration, without involving any illegal activities or objectives. Ensuring the legality of the agreement's subject matter is crucial for its enforceability and validity.
Test: Free Consent under Indian Contract Act - Question 4
What does the Indian Contract Act define as free consent?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 4
Free consent under the Indian Contract Act is defined as a voluntary agreement between parties where both are willing and in the same sense. This concept ensures that agreements are made without any form of coercion, undue influence, fraud, misrepresentation, or mistake, as outlined in Section 14 of the Act. It is essential for the validity and enforceability of contracts, emphasizing the importance of mutual understanding and agreement between the parties involved.
Test: Free Consent under Indian Contract Act - Question 5
Which of the following is NOT a criterion for free consent under Section 14 of the Indian Contract Act?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 5
While coercion, undue influence, fraud, misrepresentation, and mistake are criteria for lack of free consent under Section 14 of the Indian Contract Act, consideration is a separate essential element of a contract. Consideration refers to something of value exchanged between parties, forming the basis of a contract. It is distinct from the factors that can invalidate consent, playing a crucial role in the formation of a legally binding agreement.
Test: Free Consent under Indian Contract Act - Question 6
How is the concept of free consent exemplified in the scenario of an agreement to sell a car with differing intentions?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 6
In the example of an agreement to sell a car with differing intentions, the concept of free consent is violated due to the lack of consensus ad idem, which means a meeting of minds. When parties do not share the same understanding or have differing intentions regarding the terms of the contract, it leads to a situation where free consent is compromised. This lack of mutual agreement can render the contract voidable or unenforceable under the Indian Contract Act.
Test: Free Consent under Indian Contract Act - Question 7
Which criterion for free consent under the Indian Contract Act involves one party influencing the decision of another through improper means?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 7
Fraud, as a criterion for lack of free consent under the Indian Contract Act, involves one party intentionally deceiving or misleading another to influence their decision. This improper conduct undermines the voluntary nature of the agreement, as it prevents the deceived party from making an informed choice. Fraudulent practices can render a contract voidable and expose the perpetrating party to legal consequences for their deceitful actions.
Test: Free Consent under Indian Contract Act - Question 8
What does coercion refer to under Section 15 of the Indian Contract Act?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 8
Coercion, as defined under Section 15 of the Indian Contract Act, involves compelling or forcing someone to enter into a contract without their consent. This could include the use of threats or illegal actions to obtain agreement. In cases of coercion, the affected party has the option to either affirm or void the contract. It is important to note that contracts entered into under coercion are considered voidable, and any consideration provided must be reimbursed or restored once the contract is declared void.
Test: Free Consent under Indian Contract Act - Question 9
What is the consequence of consent obtained by coercion in a contract?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 9
When consent is obtained through coercion in a contract, the contract becomes voidable. This means that the affected party has the choice to either affirm the contract, thereby upholding it, or to void it, rendering it invalid. Additionally, any consideration provided under coercion must be returned once the contract is declared void.
Test: Free Consent under Indian Contract Act - Question 10
In cases of coercion under the Indian Contract Act, who bears the burden of proof?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 10
In situations involving coercion under the Indian Contract Act, the burden of proof lies with the aggrieved or affected party. This means that the party who claims coercion must provide evidence to demonstrate that coercion took place and that their consent was not freely given. It is crucial for the affected party to prove that they were forced or compelled into the contract without their full and free consent.
Test: Free Consent under Indian Contract Act - Question 11
What happens to any consideration provided in a contract that is declared void due to coercion?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 11
When a contract is declared void due to coercion, any consideration provided, such as money paid or goods delivered, must be reimbursed or restored. This ensures that the party who provided the consideration is not unfairly disadvantaged by the contract that was entered into under coercive circumstances. The principle of restitution aims to return the parties to their original positions before the contract was formed.
Test: Free Consent under Indian Contract Act - Question 12
What does Section 16 of the Indian Contract Act, 1872 address?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 12
Section 16 of the Indian Contract Act, 1872 specifically deals with the concept of undue influence in contracts. This section outlines situations where one party can dominate the will of the other to gain an unfair advantage. Undue influence occurs when consent is obtained unfairly, leading to the contract being voidable at the choice of the affected party. It is crucial to establish the absence of undue influence to uphold the contract's validity.
Test: Free Consent under Indian Contract Act - Question 13
What burden of proof lies with the dominant party concerning undue influence?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 13
The burden of proof regarding the absence of undue influence falls upon the dominant party in a contract. They must demonstrate that the agreement was not tainted by unfair manipulation or pressure exerted on the other party. This requirement ensures that contracts are entered into freely and fairly, without one party taking advantage of the other's vulnerabilities or position of authority.
Test: Free Consent under Indian Contract Act - Question 14
When is a contract considered voidable due to undue influence?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 14
A contract becomes voidable under undue influence when one party intentionally influences the other to secure advantages unfairly. If consent is obtained through such undue influence, the affected party has the option to void the contract. This provision safeguards individuals from entering into agreements where their decisions are compromised by external pressures or manipulations.
Test: Free Consent under Indian Contract Act - Question 15
What distinguishes misrepresentation from fraud under the Indian Contract Act?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 15
Misrepresentation, governed by Section 18 of the Indian Contract Act, involves making false, incorrect, or inaccurate statements innocently to induce another party into a contract. Unlike fraud, misrepresentation is typically unintentional and lacks the deceitful intent present in fraudulent actions.
Test: Free Consent under Indian Contract Act - Question 16
What type of mistake involves inducing a misunderstanding between the parties involved due to an erroneous belief that is honest in nature?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 16
Mistake of fact occurs when there is an honest but erroneous belief that leads to a misunderstanding between parties involved in a contract. This type of mistake does not involve deliberate deception but rather a genuine misunderstanding regarding the subject matter of the contract. Understanding the distinction between mistakes of fact and mistakes of law is crucial in contract law to determine the impact on contractual obligations.
Test: Free Consent under Indian Contract Act - Question 17
Under the Indian Contract Act, how is a mistake regarding foreign law typically treated?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 17
In cases involving a mistake regarding foreign law under the Indian Contract Act, such a mistake is typically treated as a mistake of fact. This means that the mistaken belief about foreign law is considered a factual error rather than a legal one. Unlike mistakes of Indian law, where ignorance is not a valid defense, mistakes of foreign law are approached more flexibly as factual errors, allowing for a nuanced consideration in contractual disputes.
Test: Free Consent under Indian Contract Act - Question 18
What distinguishes mistake of law from mistake of fact in contract law?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 18
The key distinction between mistake of law and mistake of fact in contract law lies in their nature. Mistake of law involves a misunderstanding or misinterpretation of legal provisions, where the parties are held accountable despite their ignorance. On the other hand, mistake of fact revolves around honest but erroneous beliefs about the subject matter of the contract, leading to misunderstandings between the involved parties. Understanding these distinctions is crucial for determining the implications of mistakes in contractual agreements.
Test: Free Consent under Indian Contract Act - Question 19
In a bilateral mistake in a contract, what happens to both parties involved?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 19
A bilateral mistake in a contract occurs when both parties hold mistaken beliefs about certain facts essential to the contract, leading to mutual misunderstanding or confusion. This type of mistake involves misunderstandings on the part of both parties.
Test: Free Consent under Indian Contract Act - Question 20
How are mistakes of fact different from fraudulent mistakes in contracts?
Detailed Solution for Test: Free Consent under Indian Contract Act - Question 20
Mistakes of fact in contracts result from misunderstanding or confusion, where one or both parties hold mistaken beliefs about essential facts. In contrast, fraudulent mistakes involve deliberate deceit or misrepresentation with the intention to deceive the other party.
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