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Wednesday, April 22, 2020

CONTRACT LAW MCQS SET 36

CONTRACT LAW MCQS SET 36

Free Consent

1. Which of these constitute essential elements of Fraud?
a) Representation should relate to a material fact
b) Representation should be False
c) The intention must be to induce the other party to act upon it
d) All of the above

2. If a sells, by auction to B a horse which A Knows to be unsound and A says nothing to B about the horse’s unsoundness, this amount to
a) Fraud
b) Not farud
c) Unlawful
d) Illegal

3. If A sells, by auction to B a horse which A knows to be unsound and A says nothing to B about the horse’s
unsoundness, this amount to
a) Fraud
b) Not fraud
c) Unlawful
d) Illegal

4. Duty to speak exists in case
a) Where the parties stand in a fiduciary relationship
b) Where contract is a one of ubberima fidei
c) Both (a) and (b)
d) Neither (a) nor (b)

 5. Uberima fidei means
a) Bad faith
b) Utmost god faith
c) Goo faith
d) No faith at all

6. Which of the following is correct?
a) Consent obtained by fraud makes the agreement void
b) Silence as to material facts always amount to fraud
c) A deceit which does not deceive is no fraud
d) Unilateral mistake of fact alwys renders the contract voild

7. In which of the following cases, the contract cannot be avoided on grounds of fraud?
a) A fraud which did not cause the consent of the party to the agreement
b) If the party had the means to discover the truth with ordinary dillgence
c) Where a party enters into a contract in ignorance of fraud
d) All of the above

8. A bought shares in a Company on the faith of a prospectus that contained an untrue statement as to the  directorship of B. A had never heard of B and hence such statement was immaterial from his view point. A claimed damages for fraud. His claim will be dismissed on the ground that
a) There was no fraud
b) It is a subject matter covered under Companies Act
c) The untrue statement had not induced him to buy the shares
d) All of the above

ANSWER:
1.d
2.c
3.b
4.c
5.b
6.c
7.d
8.a

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