Topics of Law Test 53

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Topics of Law Test 53

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Weekly Quiz Competition

Question 1
1 / -0

A Contract of agency may be _______.

A
Express

B
Implied

C
(A) or (B)

D
None of the above
Question 2
1 / -0

Finder of goods can sell the goods found, if the lawful charges of finder, amount to ______ of the value of goods.

A
2/3rd

B
1/3rd

C
1/4th

D
2/5th

Solution

Section 169, Indian Contract Law, 1872, states, "When finder of thing commonly on sale may sell it.—When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses upon demand, to pay the lawful charges of the finder, the finder may sell it— "
(1) when the thing is in danger of perishing or of losing the greater part of its value, or
(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.
Question 3
1 / -0

A hires a car in Delhi from B for going to Varanasi. A drives with care but meets with accident while going to Haridwar. Advise B.

A
A is liable for the damage to B's car.

B
A is not liable for the damage to B's car.

C
A should pay extra charges for going to Haridwar.

D
None of the above

Solution

Section 154, Indian Contract Law, 1872, states "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." A hired a car so he will be liable for the damages to B's car.
Question 4
1 / -0

The position of a finder of lost goods is exactly that of _____.

A
Bailee

B
Surety

C
Consignee

D
Consignor
Question 5
1 / -0

A common carrier includes _____ and they can limit their liability.

A
Railways

B
Carriers by inland navigation

C
Carriers by sea

D
(A) & (B)

Solution

Common carriers cannot exclude their liability for damaged goods, but they can limit their maximum liability to an amount stated on the shipment contract.
Question 6
1 / -0

A common carrier includes ______.

A
Railways

B
Carriers by inland navigation

C
Carriers by sea

D
(A) & (B)
Question 7
1 / -0

A pledge is bailment for security.

A
False

B
True

C
Partly true

D
None of the above
Question 8
1 / -0

State the responsibility of finder of goods.

A
He need not to take care of goods as man of ordinary prudence.

B
He must not appropriate goods for his own use.

C
He can mix the goods with his own goods.

D
All of the above

Solution

Section 154 of Indian Contract Law, 1872 states "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." SInce we know from Section 71, Indian Contract Law, 1872 that the finder of goods has the same responsibility as a bailee, hence he should not appropriate goods for his own use.
Question 9
1 / -0

Duty of bailor is/are ______.

A
To return accretion to the goods

B
To return the goods

C
To receive back goods on termination of bailment

D
All of the above
Question 10
1 / -0

An agent is personally liable _______.

A
Where the agent has agreed to be personally liable to the third-party

B
Where an agent acts for a principal residing abroad

C
When the agent signs a negotiable instrument in his own name without making it clear that he is signing it only as agent

D
All of the above

Solution

The circumstances under which an agent is personally liable to his principal acts are as follows:-

1. When he agrees with the concerned parties (Sec. 230).
2. An agent who is not having any authority to act as an agent or who has exceeded the authority and the same has not been ratified by the principal, is personally liable for any loss bearded by a third party (Sec. 235).
3. A person with whom a contract has been entered into in the character of agent is not entitled to require the performance of it, if in reality he was acting not as agent, but as principal (Sec. 236).
4. When he is acting for a foreign principal.
5. Where the agency is coupled with interest that is the agent has interest in the subject matter of the agency.
6. When the agent signs a negotiable instrument in his own name without making it clear that he is signing as an agent.
7. Where trade, usage or customs holds him liable in certain kinds of business.
8. Where the agent acts for a principal who cannot be sued an account of his being a foreign sovereign Ambassador Etc.
9. Where the agents acts for an undisclosed principal.

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Re-Attempt Weekly Quiz Competition

Topics of Law Test 53

Result

Topics of Law Test 53

Score

-

Rank

-

SHARING IS CARING

Question 1

Express

Implied

(A) or (B)

None of the above

Question 2

2/3rd

1/3rd

1/4th

2/5th

Solution

Question 3

A is liable for the damage to B's car.

A is not liable for the damage to B's car.

A should pay extra charges for going to Haridwar.

None of the above

Solution

Question 4

Bailee

Surety

Consignee

Consignor

Question 5

Railways

Carriers by inland navigation

Carriers by sea

(A) & (B)

Solution

Question 6

Railways

Carriers by inland navigation

Carriers by sea

(A) & (B)

Question 7

False

True

Partly true

None of the above

Question 8

He need not to take care of goods as man of ordinary prudence.

He must not appropriate goods for his own use.

He can mix the goods with his own goods.

All of the above

Solution

Question 9

To return accretion to the goods

To return the goods

To receive back goods on termination of bailment

All of the above

Question 10

Where the agent has agreed to be personally liable to the third-party

Where an agent acts for a principal residing abroad

When the agent signs a negotiable instrument in his own name without making it clear that he is signing it only as agent

All of the above

Solution

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