Topics of Law Test 87

Question 1
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LEGAL PRINCIPLE: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.
FACTUAL SITUATION: Trader 'A' delivers certain eatables at 'B's house by mistake. 'B' consumed the eatables without asking anything. Which of the following derivations is correct?

A
'B' is bound to pay 'A' for the eatables

B
'B' is not bound to pay 'A' for the eatables

C
'B' can be made liable to pay for the eatables, only if 'A' establishes an express contract between 'A' and 'B'

D
It is the discretion of 'B' to make payment to 'A'

Question 2
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Any person who has received any unjust benefit, must return it to the rightful owner.
FACTUAL SITUATION: A and B were staying in the same hostel room. B's father had sent a parcel to him on his birthday containing expensive gifts. This parcel was delivered to A as B had gone out for a movie.
DECIDE.

A
A can retain the parcel without informing B.

B
A can keep some gifts from the parcel and return the rest to B.

C
A can inform B about the parcel and need not return the parcel to B.

D
A has to return the entire contents of the parcel to B.

Question 3
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LEGAL PRINCIPLE: Every agreement, by which any party is restricted absolutely from enforcing his right in respect of any contract, by the usual legal proceedings in the ordinary Tribunals, is void to that extent. The law also provides that nobody can confer jurisdiction to a civil court by an agreement between parties.
FACTUAL SITUATION: A and B entered into a valid contract for rendering certain service. A clause in the contract was that in case of any dispute arose out of the contract; it shall be referred to for Arbitration only. Is the contract valid?

A
Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable

B
The parties were trying to confer jurisdication to some authority to decide a dispute and hence the clause would be invaild

C
The contract is valid but the clause regarding Arbitration is void

D
Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid

Question 4
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LEGAL PRINCIPLE: The contract after death of one party can be continued if it is ratified by the surviving party.
FACTUAL SITUATION: Vishal, a famous artist was requested by Arun, an idustrialist to draw the portrait of his deceased wife and paid Rs. 20,000 in advance and agreed to pay when the work was completed, a sum of Rs. 2 lakhs. When the portrait was half drawn, Vishal died due to heart attack. His son also a fine artist completed his father's work and demanded the money from Arun. Arun refused to pay and to accept the portrait drawn by Vishal's son and also demanded the advance to be returned.

A
Arun cannot demand the advance amount from the son of Vishal because in normal cases the son is not responsible for the father's contractual obligation

B
Son of Vishal cannot demand the rest of amount from Arun because Arun has not assigned him the work

C
Arun can demand the rest of the amount

D
Both a and b

Question 5
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Law of contract mandates that two or more people are free to create mutual rights and obligations provided such rights and obligations are not opposed to public policy.
FACTUAL SITUATION: Ashish enters into an agreement with Rajesh under which Rajesh undertook to kill Ashish when he is asleep. For this act, Ashish deposited Rs. 5000 with a bank, which Rajesh could withdraw once he has performed the aforesaid task. Rajesh kills Ashish according to terms of agreement.
DECIDE.

A
Rajesh must get Rs. 5000 because he has performed his task.

B
Rajesh must be prosecuted because he has killed Ashish.

C
Rajesh must not be prosecuted because Ashish consented to be killed.

D
Rajesh must be prosecuted for killing Ashish but he should get Rs. 5000 as agreed by Ashish.

Question 6
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: When at the desire of the promisor, the promisee or any other person, promises to do something, then such promise is called a consideration for the said promise.
FACTUAL SITUATION: A arranged a friendly party at his home for his home for his closed friends and one of his friends B promised to prepare a special dish for other friends. But on the occasion of party B did not come. There a major quarrel broke between A between B and his other friends.
QUESTION: Will A succeed if A sues for such breach of contract against B?

A
A will not succeed because there is no consideration in the contract of preparing special dish.

B
A will not succeed because the contract between A and B is a social contract which is unenforceable at law.

C
A will succeed because B is responsible for quarrel of A with other friends.

D
Both (a) and (b).

Question 7
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LEGAL PRINCIPLE: Contract is an agreement freely entered into between the parties.
FACTUAL SITUATION: Tapan was a dealer in mustard oil. The Government of India by an order issued under the Essential Commodities Act, fixed the price of mustard oil, and also the quantity which is a person can buy from the dealer. Tapan carried on his business under this order for a while but be refused to pay sales tax on his sale transactions on the ground that these were not the contracts freely entered into by him.

A
Tapan would succeed because the price and quantity were not negotiated by him

B
Tapan would not succeed because free consent between the parties was there despite the restriction on price and quantity

C
He would succeed because the Government under the new order forced him to enter into contracts

D
both a and c

Question 8
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Every agreement in of restraint of the marriage of any person, other than a minor, is void.
FACTUAL SITUATION: Rohan entered into an agreement with a banker and deposited Rs. five lakhs with the banker. The terms of the contract provided that Rohan's son Mohan shall be the beneficiary of the deposited amount only if the marries after he attains legally marriageable age.
QUESTION: Is agreement between Rohan and Banker void?

A
Yes, since the agreement is restraining the marriage of Mohan.

B
Yes, because Mohan has right to marry only when he is eligible to cast his vote.

C
No, agreement is valid and enforceable.

D
None of the above.

Question 9
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A contract obtained by misrepresentation is voidable at the option of the buyer.
FACTUAL SITUATION: Anand wants to sell his house. Anupama approaches him with an offer to buy the house and Anand shows her the house. The house is not in a very good condition and visibly repairs, without which it and visibly requires repairs, without which it is uninhabitable. Anand does not tell anything regarding the required repairs. Anupama purchases the house for a huge consideration. Later on when she wants to move in the realizes that the house requires repair urgently.

A
Anupriya will not succeed because she has to be careful about what she is purchasing in all circumstances, unless the defects are concealed and cannot be seen or have been covered

B
Anupama will succeed because Anand knowingly sold the house and he should have informed Anupama about the condition of the house

C
Anupama will succeed because she would never have purchased the house in case she was told about the status of the house

D
A buyer always has the option to refuse performance of his part of the contract

Question 10
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Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: In a contract of agency, no liability exists upon the agent towards his principal, if he acts with responsible diligence in the matter of agency.
FACTUAL SITUATION: Ganesh, the owner of an estate, instructed Dinesh, an estate agent to find a buyer for his estate. Dinesh got an offer from Krishna Bhat for Rs. 9,50,000 and the same was promptly communicated to Ganesh. Before the contract of sale was concluded, the agent got an offer of Rs. 10,25,000 from Dayanand. Dinesh did not communicate this to Ganesh. The latter brings an action over the former for not having performed his function as an agent.

A
Dinesh is not liable to Ganesh as his job was only to find a buyer for his estate.

B
Dinesh is not liable as he got good price for the estate which under the prevalling market conditions, was a bonanza.

C
Dinesh is liable to Ganesh as he did not completely perform the function of an agent.

D
None of the above.

Submit Test

Topics of Law T...

Question 1

'B' is bound to pay 'A' for the eatables

'B' is not bound to pay 'A' for the eatables

'B' can be made liable to pay for the eatables, only if 'A' establishes an express contract between 'A' and 'B'

It is the discretion of 'B' to make payment to 'A'

Question 2

A can retain the parcel without informing B.

A can keep some gifts from the parcel and return the rest to B.

A can inform B about the parcel and need not return the parcel to B.

A has to return the entire contents of the parcel to B.

Question 3

Arbitrator cannot be termed as an ordinary Tribunal. Hence, the agreement is void and would be unenforceable

The parties were trying to confer jurisdication to some authority to decide a dispute and hence the clause would be invaild

The contract is valid but the clause regarding Arbitration is void

Arbitration is also a valid dispute settlement machinery recognized by law and hence the entire contract is valid

Question 4

Arun cannot demand the advance amount from the son of Vishal because in normal cases the son is not responsible for the father's contractual obligation

Son of Vishal cannot demand the rest of amount from Arun because Arun has not assigned him the work

Arun can demand the rest of the amount

Both a and b

Question 5

Rajesh must get Rs. 5000 because he has performed his task.

Rajesh must be prosecuted because he has killed Ashish.

Rajesh must not be prosecuted because Ashish consented to be killed.

Rajesh must be prosecuted for killing Ashish but he should get Rs. 5000 as agreed by Ashish.

Question 6

A will not succeed because there is no consideration in the contract of preparing special dish.

A will not succeed because the contract between A and B is a social contract which is unenforceable at law.

A will succeed because B is responsible for quarrel of A with other friends.

Both (a) and (b).

Question 7

Tapan would succeed because the price and quantity were not negotiated by him

Tapan would not succeed because free consent between the parties was there despite the restriction on price and quantity

He would succeed because the Government under the new order forced him to enter into contracts

both a and c

Question 8

Yes, since the agreement is restraining the marriage of Mohan.

Yes, because Mohan has right to marry only when he is eligible to cast his vote.

No, agreement is valid and enforceable.

None of the above.

Question 9

Anupriya will not succeed because she has to be careful about what she is purchasing in all circumstances, unless the defects are concealed and cannot be seen or have been covered

Anupama will succeed because Anand knowingly sold the house and he should have informed Anupama about the condition of the house

Anupama will succeed because she would never have purchased the house in case she was told about the status of the house

A buyer always has the option to refuse performance of his part of the contract

Question 10

Dinesh is not liable to Ganesh as his job was only to find a buyer for his estate.

Dinesh is not liable as he got good price for the estate which under the prevalling market conditions, was a bonanza.

Dinesh is liable to Ganesh as he did not completely perform the function of an agent.

None of the above.

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