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Showing posts with label LAW-CLAT. Show all posts
Showing posts with label LAW-CLAT. Show all posts

Thursday, April 23, 2020

CONTRACT LAW MCQS SET 83
April 23, 2020

CONTRACT LAW MCQS SET 83

CONTRACT LAW MCQS SET 83

Remedies for Breach of Contract

1. A finder of lost goods is a
a. Bailor
b. Bailee
c. True owner
d. Thief
 
2. A and B jointly owe Rs 10 lakhs to c. A pays the amount to C and B, not knowing this fact, pays Rs 10 lakhs over again to C.
a. C is bound to repay the amount to be
b. C is bound to repay the amount to B and A jointly
c. C is bound to repay the amount to A and B equally
d. C is not bound to repay the amounts to B

3. A Quasi- contract arises from
a. the intention of parties
b. compliance of all legal formalities
c. from a true contract
d. from the principle of natural justice

4. Which of the following statements is correct with reference to quasi-contractual obligations?
a. There is no real contract in existence
b. There is no offer and acceptance
c. There is no intention to make a contract
d. All of the above

5. Ordering the relief by way of specific performance of contract, is
a. At the discretion of the Court
b. Right of a person and the court must give it
c. Provided in the Indian Contract Act
d. Both (a) and (b)

6. In which of the following cases, can specific performance be allowed?
a. Contract to sing a song
b. Contract to paint a picture
c. Contract to enter into partnership at will
d. None of the above

7. Where the banker wrongfully dishonours a customer’s cheque, the court may award
a. Ordinary damages
b. Special damages
c. Exemplary damages
d. None of the above

8. A contracts toi repair B’s house and receive payment in advance. A repairs the house, but not according to contract.
a. B is entitled to recover from A the additional cost of making the repairs as per the contract
b. B is not entitled to recover any cost from A
c. B is entitled to recover penalty from A for non performance of the contract
d. None of the above

9. A give B a bound for the repayment of Rs 1,000 with interest at 12 percent at the end of six months, with a stipulation that, in case of default, interest shall be payable at the rate of 15 percent from the date of default.
a. B is entitled to recover from A, a reasonable compensation
b. B is not entitled to recover from A any compensation
c. B is entitled to recover from A, compensation and interest
d. Any of the above

10. Which of the following state is correct?
a. Ordinarily, the damages for loss of reputation are not recoverable
b. Nominal damages are very small in amount
c. Nominal damages are not small in amount
d. Both (a) or (b)
 
ANSWER:
1. b
2. a
3. d
4. d
5. a
6. d
7. c
8. a
9. a
10. d

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CONTRACT LAW MCQS SET 82
April 23, 2020

CONTRACT LAW MCQS SET 82

CONTRACT LAW MCQS SET 82

Remedies for Breach of Contract

1. A who supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life, is entitled to be reimbursed from
a. B’s property
b. B’s personally
c. B’s wife and children
d. As directed by Court

2. A quasi contract is not a ……. Contract.
a. real
b. valid
c. real and valid
d. voidable

3. A quasi contract is …….. law.
a. entered by
b. creature of
c. made by
d. both (a) and (c)

4. Which of the following is incorrect?
a. Claim on quantum meruit arises when a contract has become void
b. Claim on quantum meruit does not arise when the contract is divisible
c. Specific performance order is possible only by a Court
d. Both liquidated damages and are stipulated at the time of formation of contract

5. A person enjoying the benefits of a lawful nongratuitous act of another
a. is not liable to compensate that another
b. that another cannot claim any compensation
c. is liable to compensate for that
d. has to perform the same non-gratuitous act in return

6. Obligation of a person enjoying benefit of nongratuitous act arises in respect of
a. Lawful acts only
b. Illegal acts only
c. Either (a) nor (b)
d. Both (a) and (b)

7. A saves B’s goods from fire.
a. A is not entitled to compensation from B
b. A is entitled to any compensation from B
c. B must compensate A
d. None of the above

8. A finder of goods means
a. a person who finds the goods belonging to another
b. a person who returns any goods to the owner
c. a person who finds goods belonging to another, and takes them into his custody
d. any of the above

9. A finder of goods
a. has no responsibility for the goods
b. is subject to the same responsibility as a bailee
c. is the owner of the goods
d. None of the above

10. Responsibility of finder of lost goods is covered by concept of ___________
a. Quasi contract
b. Wagering agreement
c. Contigent contract
d. Caveat emptor
ANSWER: 
1. a
2. a
3. b
4. b
5. c
6. a
7. a
8. c
9. b
10. a
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CONTRACT LAW MCQS SET 81
April 23, 2020

CONTRACT LAW MCQS SET 81

CONTRACT LAW MCQS SET 81

Remedies for Breach of Contract

1. Liquidated damages are calculated ………. A contract
a. at the time of making
b. after making
c. at the time of performance of
d. either (a) or (b)

2. Penalty for breach of contract are estimated …… a contract
a. at the time of making
b. after making
c. at the time of performance of
d. either (b) or (c)

3. A stipulation for increased interest from the date of default is known as
a. compensation
b. penalty
c. Liquidated damages
d. Damages

4. Quasi Contract is based upon the principle of
a. Equality
b. No unjust enrichment of a part at the cost of another
c. Neither (a) nor (b)
d. Both (a) and (b)

5. A Quasi Contract
a. is a contract
b. is an agreement
c. has only a legal obligation
d. is none of these

6. Which of the following is incorrect?
a. In Quasi-contract, the promise to pay is always an implication of law and not of facts
b. Quasi-contracts are not contracts at all
c. A quasi-contracts is implied in law
d. A quasi-contracts is not a real contract

7. Claim for necessaries supplied to a person incompetent to contract, from the property of such person. It is covered under concept of
a. Quasi contract
b. Caveat emptor
c. Contigent contract
d. Wagering agreement

8. Which of the following is correct?
a. Quasi contracts are intentionally made by the parties
b. Quasi contracts are imposed by law
c. Quasi contracts are based on implied intentions of the parties
d. Both (b) and (c)

9. In case of necessaries supplied to a person incompetent to contract, which of the following is true?
a. Property of the incapable person shall be liable
b. The incapable person is not liable personally
c. Where the incapable person does not own any property, nothing shall be payable
d. All of the above

10. Which of the following is correct?
a. A quasi contract is not based on the ground of natural justce
b. Quasi contract are based on express intentions of the parties
c. Quasi contract give rise to obligations similar to that of a true contract
d. All of the above
ANSWER: 
1. a
2. a
3. d
4. d
5. d
6. b
7. a
8. b
9. d
10. c
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CONTRACT LAW MCQS SET 80
April 23, 2020

CONTRACT LAW MCQS SET 80

CONTRACT LAW MCQS SET 80

Remedies for Breach of Contract

1. Nominal Damages can be
a. Claimed by the aggrieved party as a matter of right
b. awarded only at the discretion of the Court
c. claim by the aggrieved party for loss
d. all of the above

2. Liquidated damages means an amount of ………. that may result from breach of contract
a. actual loss
b. loss suffered
c. pre-estimated probable loss
d. pre-estimated actual loss

3. General damages arises
a. Naturally in the usual course from the breach of contract itself
b. In the unsual circumstance from the breach of contract
c. In the special circumstance from breach of contract
d. When special loss from breach of contract

4. Duty to mitigate damages on the part of injured party arises in case of
a. anticipatory breach
b. actual breach
c. neither (a) nor (b)
d. either (a) or (b)

5. Pre estimated amount of compensation payable in case of breach of contract is called
a. Penalty
b. Liquidated damages
c. Either (a) or (b)
d. Neither (a) nor (b)

6. Which of the following is correct?
a. Liquidated damages are pre-estimated probable damages
b. Penalty is imposed by way of punishment for breach of contract
c. Courts generally do not award vindictive damages
d. All of the above

7. The intention for fixing Liquidated Damages is
a. Recovery of damages that might arise due to breach
b. Recover more amount of damages than suffered due to breach
c. neither (a) or (b)
d. both (a) and (b)

8. If parties make no attempt to estimate the loss but in advance, fix an amount payable on nonperformance of the contract, such amount is called
a. Exemplary Damages
b. Special damages
c. Liquidated Damages
d. Penalty

9. The essence of Liquidated damages is that is should be
a. genuine pre-estimate of damages
b. more than probable damages
c. less than probable damages
d. any of the above

10. Where the amount payable in case of breach is fixed in advance by way of liguidated damages, the aggrieved party may claim
a. a reasonable compensation for the breach
b. the amount so fixed in the contract
c. (a) or (b) whichever is lower
d. (a) or (b) whichever is higher
ANSWER: 
1. b
2. c
3. a
4. d
5. c
6. d
7. a
8. d
9. a
10. c
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CONTRACT LAW MCQS SET 79
April 23, 2020

CONTRACT LAW MCQS SET 79

CONTRACT LAW MCQS SET 79

Remedies for Breach of Contract

1.A contract to deliver 1,000 bags of rice at Rs 100 per bag on a future date. On due date he refuses to deliver. Market price on that day is Rs 120 per bag. The ordinary Damages will be
a. Rs 20,000
b. Rs 1,20,000
c. Rs 1,00,000
d. Rs 20

2. Damages which an aggrieved party claims. beside general damages for any loss he has suffered owing to special circumstances known to both the parties at the time of signing the contract are called
a. Vindictive Damages
b. Nominal Damages
c. General Damages
d. Special Damages

3. When there is breach of contract, special damages are awarded
a. Only when there are special circumstances
b. Only when there is special loss
c. When there is a notice of the likely special loss
d. All of the above

4. When there are certain extraordinary circumstances present and it is communicated to the promisor, non-performance of promise entitles the Promisee to claim
a. Ordinary Damages
b. Special Damages
c. Either (a) or (b)
d. Both (a) and (b)

5. Hadley vs. Baxendale case is a leading case on
a. Breach of Implied Term
b. Anticipatory Breach
c. Remoteness of Damages
d. Bilateral Mistake of Fact

6. H’s mill stopped due to breakdown of a shaf, which in was delivered to B, a common carrier to be taken to the manufacturer for repairs. H did not communicate to B, that delay in delivery would cause loss of profits. For some reason, the delivery was delayed by B beyond reasonable time. Here
a. H can rescind the contract
b. H cannot claim loss of profits from B
c. H can claim loss of profits from B
d. H can claim loss of profits from the manufacturer

7. The damages awarded by way of punishment are called
a. Special Damages
b. Ordinary Damages
c. Exemplary Damages
d. Nominal Damages

8. Nominal damages are awarded to indicate that the party has …………….
a. won the case
b. actually suffered the loss
c. suffered huge loss
d. suffered unusual loss

9. Exemplary damage is also known as
a. vindictive damages
b. punitive damages
c. Direct damages
d. Either (a) or (b)

10. Vindictive Damages have been awarded
a. for a breach of promise to marry
b. for wrongful dishonour of a cheque
c. Either (a) or (b)
d. Neither (a) nor (b)
ANSWER: 
1. a
2. d
3. c
4. d
5. c
6. b
7. c
8. a
9. d
10. c
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CONTRACT LAW MCQS SET 78
April 23, 2020

CONTRACT LAW MCQS SET 78

CONTRACT LAW MCQS SET 78

Remedies for Breach of Contract

1. if an agreement has become void, any advantage received by party under such agreement shall restore it, or to make compensation for it. This is based on the principle of
a. Specific Performance
b. Rescission
c. Injunction
d. Quantum Meruit

2. A, a businessman leaves his goods at B’s place by mistake. B treats the same as his own and uses it. B is bound to compensate A for it, under the principle of
a. Specific Performance
b. Reemission
c. Special damages
d. Quasi contract

3. Compensation is to be paid by the party receiving the benefit, where an act is done by another party, without an intention of gratuitousness. For this purpose
a. There need not be any contract between the parties
b. The contract between the parties may also be void
c. Either (a) or (b)
d. Neither (a) nor (b)

4. When an indivisible contract for lump sum amount is completely performed but badly, the person who has performed, can
a. claim the lump sum amount
b. claim the lump sum amount less deduction for bad work
c. not claim any amount at all
d. perform the work again

5. The aggrieved party is entitled to claim monetary compensation for the loss caused due to non-performance of promise. This is called
a. Damages
b. Restitution
c. Quantum Meruit
d. Injunction

6. In case of breach of contract, the compensation can be claimed for
a. remote consequence of the breach
b. the natural consequence of breach
c. indirect consequence of the breach
d. All of the above

7. In case of breach of contract, the Indian Law awards damages
a. For loss of profit which may have been earned
b. Which arose naturally
c. As matter of penalty
d. To compensate party from physical loss

8. While determining damages, which of the following are taken into account?
a. inconvenience caused by nonperformance
b. motive of breach
c. manner of breach
d. All of the above

9. The measure of damages in case of breach of
a contract is the difference between the
a. contract price and the market price at the date of breach
b. contract price and the maximum market price during last 6 months
c. contract price and the price at which the plaintiff might have sold the goods
d. contract price and the price fixed by Court

10. A contracts to deliver 1,000 bags of rice at Rs 100 per bag on a future date. On the due date he refuses to deliver. Market Price on that day is Rs 120 per bag. Which Damages can be granted by court?
a. Ordinary damage
b. Special damages
c. Remote damages
d. Vindicative damages
ANSWER:1. d
2. d
3. c
4. b
5. a
6. b
7. b
8. d
9. a
10. a
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CONTRACT LAW MCQS SET 77
April 23, 2020

CONTRACT LAW MCQS SET 77

CONTRACT LAW MCQS SET 77

Remedies for Breach of Contract

1. In which of the following situations specific performance is not granted?
a. where monetary compensation is an adequate relief
b. where the contract is of a personal skill
c. either (a) or (b)
d. neither (a) nor (b)

2. In which of the following situations, specific Performance is not granted?
a. where it is not possible for the Court to supervise Performance of contract
b. where the contract is ultra-vires
c. either (a) or (b)
d. neither(a) nor (b)

3. …………. means an order of the Court restraining a person from doing what he promised not to do.
a. Quantum Meruit
b. Rescission
c. Injunction
d. Specific Performance

4. A, a singer, agreed with B to perform at his theatre for two months, on a condition that during that period, he would not perform anywhere else, B could move to the Court for
a. grant of injunction restraining A from
performing in other places
b. specific performance
c. allowing B to perform in other places
d. all of the above

5. Quantum Meruit is __________ word
a. English
b. French
c. Latin
d. German

6. Quantum Meruit means
a. a non-gratuitous promise
b. as gratuitous promise
c. as much as is earned
d. as much as is paid

7.When a person has done some work under a contract, and other party repudiates the contract then the party who performed the work, can claim remuneration for done. This is based on the principle of
a. Rescission
b. Quantum Meruit
c. Injunction
d. Specific Performance

8. To claim remedy under Quantum Meruit, the original contract
a. should remain intact
b. must be discharged
c. must be fully performed
d. all of the above

9. Remedy under Quantum Meruit, is available to
a. Party at fault
b. Party not at the fault
c. Either (a) or (b)
d. Both (a) and (b)

10. Quantum Meruit is not applicable when
a. Indivisible Contract not performed completely
b. Divisible contract not performed at all
c. Work is performed gratuitously
d. All of the above
ANSWER:1. c
2. c
3. c
4. a
5. c
6. c
7, b
8. b
9. c
10. d
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CONTRACT LAW MCQS SET 76
April 23, 2020

CONTRACT LAW MCQS SET 76

CONTRACT LAW MCQS SET 76

Remedies for Breach of Contract

1. Which of these are remedies to the aggrieved party, in case of breach of contract?
a. Rescission of contract
b. Suit for Specific Performance
c. Both (a) and (b)
d. Neither (a) nor (b)

2. The contract may be rescind by
a. Aggrieved party
b. Court
c. Either (a) or (b)
d. None of the above

3. The Court may grant rescission where the contract is
a. unlawful
b. void
c. unenforceable
d. All of the above

4. The court may grant rescission where the contract is
a. unlawful
b. valid
c. unenforceable
d. All of the above

5. Where the Court orders the defaulting party to carry out the promise according to the terms of the contract, it is called
a. Quantum Meruit
b. Rescission
c. Injunction
d. Specific Performance

6. Which remedy for breach of contract may be ordered by the court?
a. specific performance
b. injunction
c. either (a) or (b)
d. both (a) or (b)

7. Specific Performance may be ordered by the Court when
a. the contract is voidable
b. damages are an adequate remedy
c. damages are not an adequate remedy
d. Quantum meruit is not possible

8. Specific Performance can be granted by court where
a. monetary compensation is not an adequate relief
b. it is not possible to measure the actual damages
c. either (a) or (b)
d. neither (a) or (b)

9. In case of breach of contract of sale of someantique goods, the Court may grant
a. Quantum Meruit
b. Rescission
c. Specific Performance
d. Injunction

10. In which of the following situations, specific Performance is not granted?
a. where monetary compensation is an adequate relief
b. where the contract is impersonal in nature
c. where monetary compensation is not an adequate relief
d. Both (a) and (b)

11. The remedies available to a person, suffering from breach of contract are
a. Suit for Damages
b. Suit for Injunction
c. Quantum Meruit
d. All of the above

12. The remedies available to a person, suffering from breach of contract are
a. Recession of Contract
b. Stay order from court
c. Quantum Meruit
d. All of the above
ANSWER:1. c
2. c
3. a
4. a
5. d
6. c
7. c
8. c
9. c
10. d
11. d
12. d
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CONTRACT LAW MCQS SET 75
April 23, 2020

CONTRACT LAW MCQS SET 75

CONTRACT LAW MCQS SET 75

Discharge of contract

1. Where in an anticipatory breach, the Promisee opts to put an end to the contract and treat the anticipatory breach as actual breach of contract, the Promisee
a. is excused from performance of his Promise
b. has to perform his part of the promise
c. has to perform his part of the promise to the extent of benefits received by him
d. has to consider the contract as illegal

2. Where a party to contract transfers his rights under the contract to another person, it is legally known as
a. Novation of contract
b. Rescission of contract
c. Waiver of contract
d. Assignment of contract

3. The assignment of contract by operation of law takes place
a. On the death of party
b. With mutual consent of parties
c. On confirmation by legal representatives
d. Either (b) or (c)

4. The term “frustration” is used in the English law which is the parallel concept
a. Initial impossibility
b. Supervening impossibility
c. Commercial impossibility
d. Public policy

5. A contract is void on the ground of initial possibility
a. Only where it is unknown to the parties
b. Only where it is known to the parties
c. Whether it is known or unknown to the parties at the time of agreement
d. When it is known to the third parties

6. In case the performance of a contract becomes more difficult due to some unexpected events, than the contract
a. Becomes void on account of impossibility
b. Becomes voidable on account difficulty
c. is discharged on account of impossibility
d. is not discharged on account of impossibility

7. A contract to buy B’s scooter for Rs 10,000, but breaks the promise. What compensation must A pay to B?
a. The excess amount of the contract price over the price which B can obtain for the scooter at the time of breach of promise
b. The contract price of Rs 10,000
c. The price which B demands
d. None of the above

8. In ………………. contracting parties may not remain same.
a. Remission
b. Recission
c. Novation
d. Alteration
ANSWER:1. a
2. d
3. a
4. b
5. c
6. d
7. a
8. c
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CONTRACT LAW MCQS SET 74
April 23, 2020

CONTRACT LAW MCQS SET 74

CONTRACT LAW MCQS SET 74

Discharge of contract

1. Actual Breach may take place
a. Expressly
b. Impliedly
c. Either (a) or (b)
d. Neither (a) nor (b)

2. Actual Breach may take place
a. on the due date of performance
b. during the course of performance
c. neither (a) or (b)
d. either (a) or (b)

3. Where one party to a contract declares his intention of not performing the contract before the performance is due, it is called
a. Actual Breach
b. Anticipatory Breach
c. Either (a) or (b)
d. Neither (a) nor (b)

4. Anticipatory Breach may take place
a. Expressly
b. Impliedly
c. Either (a) nor (b)
d. Neither (a) nor (b)

5. Anticipatory Breach may take place when a party
a. Refuses to perform his promise Under the contract
b. Deliberately disables himself from performing the promise before due date of performance
c. Neither (a) or (b)
d. Either (a) nor (b)

6. A agreed to supply certain goods to B which were to be imported by c. But C failed to import the goods. In this case, the contract is
a. Discharged
b. Not discharged
c. Voidable
d. Impossible to perform

7. The breach of contract means the
a. Performance of contract by both the parties
b. Failure of a party to perform his obligations
c. Payment of compensations due to nonperformance
d. Postponement of the performance of contract

8. A contracted to supply 200 bags of rice to B on 30th December, 2008. After supplying 20 bags of rice. A informed B that he will not supply remaining bags of rice to B. In this case,
a. There is anticipatory breach of contract
b. There is actual breach of contract
c. Both of the above
d. None of the above

9. A contracts to marry B. Before the agreed date of marriage, A marries C. Here, B is entitled to sue A for
a. Actual Breach in an express manner
b. Anticipatory Breach in an express manners
c. Actual Breach in an implied manner
d. Anticipatory Breach in an implied manner

10. In case of Anticipatory Breach, the Promisee can
a. Put an end to the contract
b. Elect to keep the contract alive till the date
of performance
c. Either (a) or (b)
d. Neither (a) nor (b)
ANSWER:1. c
2. d
3. b
4. c
5. d
6. b
7. b
8. b
9. d
10. c
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CONTRACT LAW MCQS SET 73
April 23, 2020

CONTRACT LAW MCQS SET 73

CONTRACT LAW MCQS SET 73

Discharge of contract

1. Abandonment of a right under the contract is called
a. Waiver
b. Breach
c. Rescission
d. Alteration

2. Intentional relinquishment of a right under the contract is called
a. Waiver
b. Breach
c. Rescission
d. Alteration

3. Giving up of right under the contract is called
a. Waiver
b. Breach
c. Rescission
d. Alteration

4. No consideration is necessary for a waiver.
a. True
b. Partly True
c. False
d. None of the above

5. In case of Novation, there is
a. change to some of the terms and conditions of the original Contract
b. substitution of an existing contract with new one
c. either (a) or (b)
d. neither (a) nor (b)

6. In case of Alteration, there is
a. change to some of the terms and conditions of the original contract
b. substitution of an existing contract with new one
c. either (a) or (b)
d. neither (a) nor (b)

7. Novation can be made by
a. change in the terms of the contract
b. change in the contracting Parties
c. either (a) or (b)
d. neither (a) nor (b)

8. Alteration can be made by
a. change in the terms of the contract
b. change in the contracting Parties
c. either (a) or (b)
d. neither (a) nor (b)

9. In case of Alteration
a. Old terms and conditions need not be performed
b. New terms and conditions must be performed
c. Both (a) and (b)
d. neither (a) nor (b)

10. Where one party to a contract fails or refuses to do his part of the promises it is called
a. Breach of contract
b. Cancelation of contract
c. Either (a) or (b)
d. Neither (a) nor (b)
ANSWER:
 
1. a
2. a
3. a
4. a
5. b
6. a
7. c
8. a
9. c
10. a
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CONTRACT LAW MCQS SET 72
April 23, 2020

CONTRACT LAW MCQS SET 72

CONTRACT LAW MCQS SET 72

Discharge of contract

1. Rescission of a voidable contract shall be communicated or revoked in the same manner as the communication or revocation of
a. Breach
b. Acceptance
c. Proposal
d. Impossibility

2. A contracts with B to deliver goods to B on 1st July. A does not deliver goods on 1st July. B may rescind the contract. The contract is rescinded due to
a. Mutual decision
b. A’s failure to perform
c. Impossibility of performance
d. Revocation of proposal

3. A contracts with B to deliver goods to B on 10 th July. A fails to deliver goods on 10th July. It is said
a. Anticipatory Breach of contract
b. Actual Breach of contract
c. Novation of contract
d. Revocation of proposal

4. A, Hindu, who was already married, contracts to marry B, a Hindu girl. The contract is void on the ground of
a. Initial impossibility
b. Supervenining impossibility
c. Social impossibility
d. No consideration

5. When the parties mutually agree to change certain terms of contract. This is called
a. rescission of contract
b. novation of contract
c. alteration of contract
d. remission of contract

6. In case of alteration, there is a change in the parties and new parties may be included.
a. True
b. Partly True
c. False
d. None of the above

7. If a person accepts a lesser sum of money than what was contracted for in discharge of the whole debt, it is known as
a. Waiver
b. Remission
c. Alteration
d. Rescission

8. Remission is the acceptance of
a. a lesser sum than what was contracted for
b. a lesser fulfillment of the Promise made
c. either (a) or (b)
d. Neither (a) nor (b)

9. Under remission, a Promisee may
a. remit the whole or part of the performance of a promise
b. extend time of performance
c. accept any other satisfaction instead of performance
d. All of the above

10. A owes B Rs 50,000, Due date for payment is 25th March. A pays to B Rs 30,000 on 25th March who accepts it in full satisfaction of the debt. The debt is discharged on account of
a. remission
b. extension time of performance
c. novation
d. All of the above
ANSWER: 
1. c
2. b
3. b
4. a
5. c
6. c
7. b
8. c
9. d
10. a
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CONTRACT LAW MCQS SET 71
April 23, 2020

CONTRACT LAW MCQS SET 71

CONTRACT LAW MCQS SET 71

Discharge of contract

1. For a valid novation, new contract must be made
a. before making of the original contract
b. during the continuance of the original contract
c. after the conclusion of the original contract
d. all of the above

2. Novation may take place between
a. the same parties
b. different parties
c. either (a) or (b)
d. neither (a) nor (b)

3. Alteration may take place between
a. the same parties
b. different parties
c. either (a) or (b)
d. neither (a) nor (b)

4. Remission may take place between
a. the same parties
b. different parties
c. either (a) or (b)
d. neither (a) nor (b)

5. Waiver may take place between
a. the same parties
b. different parties
c. either (a) or (b)
d. neither (a) nor (b)

6. In discharge of contract by novation, the
consideration for the new contract is
a. the discharge of the old contract
b. separately supplied
c. decided by the parties
d. all of the above

7. For discharge of a contract by novation, consent of …………. is required
a. Promisee only
b. all the parties
c. at least two of the parties
d. promisor only

8. Rescission of a contract means
a. termination of contract
b. the renewal contract
c. alteration of contract
d. substitution of new contract in place of earlier one

9. Rescission may occur
a. by mutual agreement
b. where one party fails to perform his part of the promise
c. either (a) or (b)
d. neither (a) nor (b)

10. Where a party under a voidable contract, decides to rescind the same, the other party is
a. guilty of breach of contract
b. discharged from his promise
c. entitled for damages
d. All of the above
ANSWER:
1. b
2. c
3. a
4. a
5. a
6. a
7. b
8. a
9. c
10. b
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CONTRACT LAW MCQS SET 70
April 23, 2020

CONTRACT LAW MCQS SET 70

CONTRACT LAW MCQS SET 70

Discharge of contract

1. A bill of exchange which was accepted by B, reaches B’s hands after being negotiated and endorsed through several other parties. The contract is
a. Void
b. Discharged
c. Cancelled
d. Void ab initio

2. The alternation of a contract means alteration in the ……. of an existing contract.
a. parties
b. time
c. parties and terms
d. terms

3. In which of the ways can a contract be discharged by impossibility of performance?
a. Initial Impossibility
b. Supervening Impossibility
c. Either (a) or (b)
d. Neither (a) nor (b)

4. In which of the ways can a contract be discharged by impossibility of performance?
a. Pre contractual Impossibility
b. Post contractual Impossibility
c. Either (a) or (b)
d. Neither (a) nor (b)

5. In which of the ways can a contract be discharged by breach?
a. Anticipatory Breach
b. Actual Breach
c. Either (a) or (b)
d. Neither (a) nor (b)

6. In which of the ways can a contract be discharged by agreement between parties?
a. Novation
b. Rescission
c. Alteration
d. All of the above

7.In which of the ways can a contract be discharged by agreement between parties?
a. Novation
b. Merger
c. Remission
d. All of the above

8. In which of the ways can a contract be discharged by agreement between parties?
a. Remission
b. Waiver
c. Either (a) or (b)
d. Neither (a) nor (b)

9. The original contract need not be performed if there is
a. rescission of contract
b. novation of contract
c. alteration of contract
d. All of the above

10. If a new contract is substituted in place of an existing contract, it is called
a. Alteration
b. Rescission
c. Novation
d. Waiver
ANSWER:1.b
2. d
3. c
4. c
5. c
6. d
7. d
8. c
9. d
10. c
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CONTRACT LAW MCQS SET 69
April 23, 2020

CONTRACT LAW MCQS SET 69

CONTRACT LAW MCQS SET 69

Discharge of contract

1. Which of the following is correct?
a. Anticipatory breach of contract takes place after due date of performance
b. In case of anticipatory breach of contract, contract may be kept alive
c. In case of actual breach of contract, the contract becomes void if the time is the essence of the contract
d. There is no consideration in novation of contract

2. In which of the ways can a contract be discharged by operation of law?
a. Death of Promisor
b. Insolvency of Promisor
c. Merger of Right
d. All of the above

3. In which of the ways can a contract be discharged by operation of law?
a. Unauthorized material alteration contract
b. Vesting of right and liabilities in the same person
c. Neither (a) nor (b)
d. Both (a) and (b)

4. In case of contracts involving personal skill or expertise of the Promisor, death of the Promisor leads to
a. Discharge of a Contract
b. Breach of a Contract
c. Rescission of a Contract
d. Waiver of a Contract

5. A promises to perform a dance in B’s theatre. A dies. The contract is
a. Void
b. Discharged
c. Rescinded
d. Voidable

6. Assignment by operation of law takes place
a. by the mutual consent of the parties
b. by the will of either party
c. when the subject matter of a contract ceases to exist
d. by the death of a party to a contract

7. When person is declared insolvent, he is ………… all his contractual liabilities incurred prior to date of insolvency order.
a. penalized for
b. responsible for
c. discharged from
d. both (a) and (c)

8. A took a house on rent from B. during tenancy, A purchases that house. The earlier contract of tenancy is
a. Void
b. Discharged
c. Rescinded
d. Voidable

9. Where any party makes any material alteration to the terms of contract, with the consent of the other party, the new contract is
a. Void
b. Voidable
c. Valid
d. Discharged

10. Where any party makes any material alteration to the terms of contract, without the consent of the other party. The contract is
a. Void
b. Voidable
c. Valid
d. Discharged
ANSWER: 
1. b
2. d
3. d
4. a
5. b
6. d
7. c
8. b
9. c
10. d
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