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Topics of Law Test 52

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Topics of Law Test 52
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  • Question 1
    1 / -0
    ________ is one in which neither the bailor nor the bailee is entitled to any remuneration.
    Solution
    A bailment with no considerations is called a gratuitous bailment. In this kind of bailment neither the bailor, nor the bailee is entitled to any remuneration or reward. Such a bailment may be for the exclusive benefit of either party, i.e., the bailor or the bailee.
  • Question 2
    1 / -0
    In contract of bailment, ______ is made by physically handing over the goods.
    Solution
    In contract of bailment, actual delivery is made by physically handing over the goods. Actual Delivery also known as physical delivery, takes place when the goods are physically handed over by the seller or his authorised agent to the buyer or his agent authorised to take possession of the goods.
  • Question 3
    1 / -0
    If bailee uses the goods in an unauthorized manner or for unauthorized purpose, the bailor can ____.
    (i) Terminate the bailment
    (ii) Claim damages for any loss
    Select correct answer from the options given below -
    Solution
    According to Section 153, Indian Contract Law, 1872, "Termination of bailment by bailee’s act inconsistent with conditions.—A contract of bailment is voidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment" and Section 154, Indian Contract Act, 1872, "Liability of bailee making unauthorised use of goods bailed.—If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them.", the bailor can terminate the bailment as well as claim damages for the loss if bailee uses the goods in an unauthorized manner or purpose.
  • Question 4
    1 / -0
    The contract of bailment may be _______.
    Solution
    Bailment is the transfer of personal property by one party (the bailor) in the possession, but not ownership, of another party (the bailee) for a particular purpose. Such transfer is made under an express or implied contract (called bailment contract or contract of bailment) that the property will be redelivered to the bailor on completion of that purpose, provided the bailee has no lien on the goods (such as for non-payment of its charges). 
  • Question 5
    1 / -0
    In which of the following cases, a surety may be discharged from liability?
    Solution
    Section 139 of the Indian Contract Law states "Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy.—If the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged."
  • Question 6
    1 / -0
    In contract of bailment, there is transfer of _____ in goods.
  • Question 7
    1 / -0
    In contract of bailment, the person to whom the goods are delivered is called as _____.
    Solution
    In Sector 148, Indian Contract Law, 1872,  ‘Bailment’, ‘bailor’ and ‘bailee’  are defined.—A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’.
  • Question 8
    1 / -0
    In contract of bailment, person who delivers the goods is called as _____.
    Solution
    In Sector 148, Indian Contract Law, 1872,  ‘Bailment’, ‘bailor’ and ‘bailee’  are defined.—A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’.
  • Question 9
    1 / -0
    If no consideration passes from bailor to bailee, it is known as ________.
    Solution
    Gratuitous bailment is a type of bailment in which the bailee receives no compensation. For example, borrowing a friend’s car. A gratuitous bailee is liable for loss of the property only if the loss is caused by the bailee's gross negligence. Therefore a lower standard of care is imposed upon the bailee in a gratuitous bailment. Gratuitous bailment is also referred to as naked bailment or bailment for sole benefit of bailor.
  • Question 10
    1 / -0
    Which of the following is not in harmony with the system of Rule of Law?
    $$1$$. Independent judiciary
    $$2$$. Administrative courts
    $$3$$. Administrative law
    $$4$$. Discretionary powers of officers
    $$5$$. Supremacy of law
    Solution
    2, 3 and 4 are not in the harmony of Rule of Law. 
    The principle of Rule of Law was proposed in England by Dicey. This concept state that no one is superior to law, there should be the rule of law. It also tells about the supremacy of law that is the status and richness of the person doesn't matter in front of the law . And, also there's an independent judiciary which means judges are free and independent to take decisions. 
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