Topics of Law Test 57

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Topics of Law Test 57

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Weekly Quiz Competition

Question 1
1 / -0

A applies to a banker for a loan at a time when there is stringency in the money market, the banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. There is____.

A
Undue influence

B
No undue influence

C
Fraud

D
No fraud
Question 2
1 / -0

When consent to an agreement is caused by undue influence, the contract is _____________.

A
voidable at the option of any party

B
voidable at the option of the promisee

C
voidable at the option of the promisor

D
voidable at the option of the party whose consent was so caused

Solution

A contract is said to be induced by undue influence where the relations between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Such a contract is voidable at the option of the promisee through whom such an consent was obtained.
Question 3
1 / -0

Unlawful detaining, or threatening to detain, any property with the intention of causing any person to enter into an agreement is called_____.

A
Unlawful

B
Misrepresentation

C
Coercion

D
Cheating

Solution

Section 15 states "Coercion’ is the committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement."
Question 4
1 / -0

Contracts classified on the basis of performance are____.

A
Executed Contracts

B
Executory Contracts

C
Partly Executed or Partly Executory Contracts

D
All of the above

Solution

According to the execution of contracts, the contracts are classified into :
1.Executed Contracts - The contract is said to be executed when both the parties have performed their share of obligation.
Question 5
1 / -0

Any act fitted to deceive is called_____.

A
Fraud

B
Mistake

C
Coercion

D
All of the above

Solution

Section 17 states: ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:—
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Question 6
1 / -0

The active concealment of a fact by one having knowledge or belief of the fact is called_____.

A
Fraud

B
Mistake

C
Coercion

D
All of the above

Solution

Section 17 states: ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:—
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Question 7
1 / -0

Undue influence is not presumed when the relationship between the parties is______.

A
Master-servant

B
Doctor-patient

C
Husband-wife

D
Shopkeeper-buyer

Solution

The Exposure of goods by a shopkeeper does not amount to an offer to sell. On picking the goods, it is an offer by the customer to buy, and sale is not effected until the buyer’s offer price is accepted by the shopkeeper. Hence, undue influence is not presumed.
Question 8
1 / -0

______Misrepresentation is known as fraud.

A
Innocent misrepresentation

B
Willful misrepresentation with intent to deceive

C
A & B

D
None of the above

Solution

Section 18 states “Misrepresentation” means and includes—
(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
Question 9
1 / -0

Which one of the following is not a contract?

A
A engages B to do certain work at a remuneration to be fixed by C

B
A and B promises to exchange books

C
A takes a seat in a public vehicle

D
A invites B to dinner which B accepts

Solution

There was no intention to create legal relationship when A invites B to dinner.
According to Section-10 of the Indian Contract Act,1872 a contract to be valid must be made with an intention to create legal relationship.
Question 10
1 / -0

Contract contingent upon the non-happening of an uncertain future event can be enforced

A
When the happing of event belong impossible

B
When the event has happened

C
At the time of making the contact

D
None of the above

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Re-Attempt Weekly Quiz Competition

Topics of Law Test 57

Result

Topics of Law Test 57

Score

-

Rank

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SHARING IS CARING

Question 1

Undue influence

No undue influence

Fraud

No fraud

Question 2

voidable at the option of any party

voidable at the option of the promisee

voidable at the option of the promisor

voidable at the option of the party whose consent was so caused

Solution

Question 3

Unlawful

Misrepresentation

Coercion

Cheating

Solution

Question 4

Executed Contracts

Executory Contracts

Partly Executed or Partly Executory Contracts

All of the above

Solution

Question 5

Fraud

Mistake

Coercion

All of the above

Solution

Question 6

Fraud

Mistake

Coercion

All of the above

Solution

Question 7

Master-servant

Doctor-patient

Husband-wife

Shopkeeper-buyer

Solution

Question 8

Innocent misrepresentation

Willful misrepresentation with intent to deceive

A & B

None of the above

Solution

Question 9

A engages B to do certain work at a remuneration to be fixed by C

A and B promises to exchange books

A takes a seat in a public vehicle

A invites B to dinner which B accepts

Solution

Question 10

When the happing of event belong impossible

When the event has happened

At the time of making the contact

None of the above

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Question Analysis

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