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Topics of Law Test 17

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Topics of Law Test 17
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Weekly Quiz Competition
  • Question 1
    1 / -0
    A contract should be performed by ________________.
    Solution
    Generally, a contract is performed by the promisor or his agent or his legal representative but as per section 40 of the act, if it appears from the nature of the case that it was the intention of the parties to any contract that any promise contain in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it. 
  • Question 2
    1 / -0
    Special damages can be claimed ___________________.
    Solution
    Special Damages are the consequential damages caused by the breach of contract due to the existence of special circumstances. Such damages are awarded by the courts only when at the time of making a contract, these special circumstances were forseeable by the party committing the breach as well as brought to the notice of the aggrieved party. If the special circumstances was already in the knowledge of the party responsible for the breach of contract, the formality of communicating them to him may not be necessary.
  • Question 3
    1 / -0
    All agreement are contract  _______.
  • Question 4
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    In which of the following cases time is the essence of the contract?
    Solution
    • As per section 55 of the act, when a party to a contract promises to do a certain thing at or before a specified time, and fails to do such thing at or before a specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of essence of the contract.

    • If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time.

    • If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation of any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of acceptance, he gives notice to the promisor of his intention to do so.
  • Question 5
    1 / -0
    Assignment of contractual obligation takes place ___________.
    Solution
    • An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” In contracts, generally assignment is done for the persons incompetent to contract especially minor, dead people as well as people declared insolvent by the court. 

    • The general rule is that when a person becomes insolvent, the assignment of his rights and duties takes effect by operation of law. 

    • A promise depending upon personal consideration terminates on death of the promisor. Section 37 of the Indian Contract Act provides that in case of death of promisors before performance of their promise, representatives of the promisors are bound to perform the promise. Hence assignment of obligations takes place.
  • Question 6
    1 / -0
    In which of the following cases a contract need not be performed?
    Solution
    As per the Contract Act, the circumstances under which contracts need not be performed are as follows:
    • If parties to a contract agree to 'Novation,' 'Rescission' or 'Alteration'; the original contract need out be performed. In such cases the original contract disappears and is substituted by a new contract.
    • If parties to a contract agree to dispense with or remit performance of promise either wholly or in part, the original contract stands discharged. This is technically called as 'Remission.'
    • When a person, at whose option a contract is voidable, rescinds it, the other party there to need not perform his promise.
    • If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused for the non-performance of the contract.
  • Question 7
    1 / -0
    Which of these contracts can be specifically enforced?
    Solution
    Under section 10 of the Specific Relief Act, 1963, the specific performance of any contract maybe enforced-
    • when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or
    • when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief.
  • Question 8
    1 / -0
    X is indebted to Y. He sells his car to Z. Z promise to play all the debts of X to Y. If Z fails to play, Y has no right to sue Z because
  • Question 9
    1 / -0
    If an act becomes impossible after the contract is executed for ________ no compensation/damages is payable.
    Solution
    • A contract to do an act, which after the contract is made, becomes impossible, or by reason of some event which the parties could not prevent, becomes void when the act becomes impossible or unlawful. This is called “Supervening Impossibility”, i.e. impossibility arising subsequent to the formation of the contract.  In such a case the contract will be void as soon as such events make the performance of the contract impossible. 

    • Impossibility arises due to the happening of certain events which were neither in the contemplation of the parties when they entered into the agreement nor either of the parties are responsible for causing the performance of the contract impossible.
  • Question 10
    1 / -0
    The contract of agency between the principal and his agent is __________.
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