Topics of Law Test 42

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Topics of Law Test 42

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Weekly Quiz Competition

Question 1
1 / -0

The chief flaw in contract is/are_____.

A
Illegality

B
Impossibility

C
Incapacity

D
All of the above
Question 2
1 / -0

Any contract beyond the power of Charter or MOA is_____.

A
Intra vires and valid

B
Ultra vires and void

C
Intra vires and void

D
Ultra vires and valid
Question 3
1 / -0

________is a false statement which the person making it honestly believes, to be true.

A
Fraud

B
Misrepresentation

C
Coercion

D
Undue influence
Question 4
1 / -0

When one of the parties to contract commits misrepresentation or fraud, contract is _______.

A
Voidable

B
Void at the option of party misrepresented or defrauded

C
Illegal at the option of party misrepresented or defrauded

D
Unlawful
Question 5
1 / -0

______ is an untrue statement made knowingly or without belief in its truth or recklessly, carelessly, whether it be true or false with the intent to deceive.

A
Fraud

B
Misrepresentation

C
Coercion

D
Undue influence
Question 6
1 / -0

In order to avoid a contract on the ground of misrepresentation, it is necessary to prove that_____.

A
There was a representation or assertion

B
The statement was not a mere opinion or hearsay

C
The statement was made with an honest belief in its truth

D
All of the above
Question 7
1 / -0

Where there is mistake as to existence of the subject matter, the contract is______.

A
Valid

B
Voidable

C
Void

D
illegal
Question 8
1 / -0

The law of contract in India is contained in _______________.

A
Indian Contract Act, $$1862$$

B
Indian Contract Act, $$1962$$

C
Indian Contract Act, $$1872$$

D
Indian Contract Act, $$1972$$
Question 9
1 / -0

Mistake as to identity of the subject matter, the contract is______.

A
Valid & enforceable

B
Voidable & enforceable

C
Void and not enforceable

D
Valid and not enforceable
Question 10
1 / -0

Legal Principle: An agreement made with the intention of entering into legal relationship gives rise to a contract.
Factual Situation: Two firms entered into a written contract for the sale and purchase of tissue paper. The agreement contained a clause to the effect that 'this agreement is not entered into, nor is this memorandum written, as a formal or a legal document, and shall not be subject to legal jurisdiction in the law courts'. Since the goods were not delivered, the buyers brought an action for non-delivery.
Issue: Are the sellers liable?

A
The sellers are liable, as they had entered into a written agreement.

B
The sellers are not liable, as there was no contract as the parties never intended to create legal relationship because they had clearly mentioned that their agreement is not a legal document nor a memorandum nor subject to the jurisdiction of law courts.

C
The firm may make mutual adjudication.

D
None of these.
Solution
- A contract is an agreement enforceable by law. Such agreement must contain an offer, its acceptance, consideration of such agreement as well as free consent of the parties. Also, there must be intention to enter legal relationship to give rise to a contract.
- In the present case, although there was a written contract between the parties but there was no intention to create any legal relationship between the parties as decided by the parties specifically by the clause of the agreement which means there was no legal basis of such relationship and hence, there is no liability of the sellers in absence of any legal relationship.

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Re-Attempt Weekly Quiz Competition

Topics of Law Test 42

Result

Topics of Law Test 42

Score

-

Rank

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SHARING IS CARING

Question 1

Illegality

Impossibility

Incapacity

All of the above

Question 2

Intra vires and valid

Ultra vires and void

Intra vires and void

Ultra vires and valid

Question 3

Fraud

Misrepresentation

Coercion

Undue influence

Question 4

Voidable

Void at the option of party misrepresented or defrauded

Illegal at the option of party misrepresented or defrauded

Unlawful

Question 5

Fraud

Misrepresentation

Coercion

Undue influence

Question 6

There was a representation or assertion

The statement was not a mere opinion or hearsay

The statement was made with an honest belief in its truth

All of the above

Question 7

Valid

Voidable

Void

illegal

Question 8

Indian Contract Act, $$1862$$

Indian Contract Act, $$1962$$

Indian Contract Act, $$1872$$

Indian Contract Act, $$1972$$

Question 9

Valid & enforceable

Voidable & enforceable

Void and not enforceable

Valid and not enforceable

Question 10

The sellers are liable, as they had entered into a written agreement.

The sellers are not liable, as there was no contract as the parties never intended to create legal relationship because they had clearly mentioned that their agreement is not a legal document nor a memorandum nor subject to the jurisdiction of law courts.

The firm may make mutual adjudication.

None of these.

Solution

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