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Wednesday, April 22, 2020

CONTRACT LAW MCQS SET 41


CONTRACT LAW MCQS SET 41

Free Consent

1. Which of the following is not an essential element of undue influence?
a. One party must be in a position to dominate the will of the other party
b. The dominant party must use his dominant position to obtain an unfair advantage over the other party
c. The dominant party must obtain an unfair advantage over the other party
d. One party must be in a dominant position, but he may or may not use his position to obtain unfair advantage over the weaker party

2. A party is presumed to dominate the will of another, where he
a. holds a real or apparent authority over the other
b. makes a contract with another in mental distress
c. Both (a) and (b)
d. None of the above

3. A party is presumed to dominate the will of another, where he
a. holds a real or apparent authority over the other
b. stands in a fiduciary relation to the other
c. Both (a) and (b)
d. None of the above

4. The fiduciary relations means the relationship of
a. trust and confidence
b. master and servant
c. none of the above
d. both (a) and (b)

5. Which of the following relations fall in the category of ‘fiduciary relations’ and usually raise the presumption of undue influence?
a. Solicitor and client
b. doctor and patient
c. spiritual adviser and devotee
d. all of the above

6. Which of the following relations do not fall in the category of ‘fiduciary relationship and thus does not raise the presumption of undue influence?
a. solicitor and client
b. doctor and patient
c. spiritual adviser and devotee
d. None of the above

7. Which of the following relations do not fall in the category of fiduciary relationship and thus dose not raise the presumption of undue influence?
a. Parent and child
b. Trustee and beneficiary
c. Landlord and tenant
d. Woman and her confidential managing agents

8. Contracts with a pardanashin woman raises the presumption of
a. domination of will
b. undue influence
c. fraud
d. None of the above

9. When a contract is challenged in a court of law on the ground of undue influence, the burden of proof lies upon the
a. stronger party
b. weaker party
c. court to prove the undue influence
d. None of the above

10. On account of bilateral mistake, a contract to be declared as void under Section 20, the mistake must be about the
a. Existing fact
b. Future fact
c. Both of the above
d. None of the above
ANSWER:
1. d
2. c
3. d
4. a
5. d
6. d
7. c
8. b
9. b
10. a

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