Practice Test


1) A ' acquired certain goods from 'C' by falsely representing that he was acting on behalf of 'B' & was authorized to collect the goods .'A' later sold the goods to 'D'.is the sale valid ?


2) A ,enfeebled by disease or age ,is induced by B ,his attendant to agree to pay B an unreasonable sum for his professional services .Can B enforce the agreement ?


3) When the consent to an agreement is obtained by coercion ,the agreement is voidable at the option of


4) A being indebted to B ,the money -lender of his village ,contracts a fresh loan on terms which appears to be unconscionable .will it be presumed that the contract was induced by the undue influence ?


5) Moral pressure is involved in the case of


6) If by an agreement a person is bound to do something which is against his personal or professional duty ,or which intervenes in another 's personal or professional interest is


7) _______is the term used in English law to denote actual or threatened violence over the person or another including his wife ,parents or child ,with a view to obtain his consent to an agreement


8) A falsely represents to B that 500 tonnes of cement are made annually at A's factory & thereby induces B to buy the factory .the contract is voidable


9) Agreement with a view to defraud others is


10) A's son had forged B's name to a promissory note. B under threat of prosecuting A's son ,obtains a bond from A for the amount of the forged note .B sues on bond .will he succeed ?


11) Which of the following acts does not fall under the categories of fraud ?


12) If the contract is avoided on grounds of _________it is at the discretion of the court to direct the aggrieved party to restore or refund the benefit received


13) The aggrieved party can rescind the contract on account of fraud. Can he also claim damages from the other party ?


14) where the misrepresentation is intentional , deliberate & willful, with an intent to deceive the other party ,such misrepresentation = Fraud


15) If a discipline agrees to gift to his spiritual Guru, his entire property in return for attainment of salvation ,the agreement can be set aside on ground of


16) Mere silence is not fraud unless


17) A person to whom money has been paid or anything delivered by mistake or under coercing ,must repay or return it


18) to be covered under misrepresentation ,statement must be wrong ,but the person making it believed it to be true


19) A mere attempt at deceit by one party


20) H sells a horse to G knowing well that the horse is vicious H does not disclose the nature of the horse to G .Can X be made liable to G for the transaction ?


21) Candy vs Lindsay Case deals with


22) Coercion is


23) Which of these constitute essential elements of fraud ?


24) D was infected by disease. B his medical attendant influenced him to agree to pay B an unreasonable sum of his professional services. D's consent is not free and based on undue influence. This contract is -


25) When the consent of a party is not free,the contract is


26) Consent is not said to be free when it is caused by


27) When the consent of a party is obtained by fraud ,the contract is


28) The threat to commit suicide amounts to


29) A wrong representation when made without any intension to decide the other party amounts to


30) Which of the following is true ?


31) X agrees to sell his car worth Rs.2,00,000 to Y for Rs.30,000 only , & X's consent was obtained by coercion .Here the agreement is


32) Coercion involves


33) A threatens to kill B if he does not agree to sell his scooter to him for Rs.1,000 only .Here B's consent is obtained by


34) When the consent of an agreement is obtained by coercion ,the agreement is voidable at the option of


35) Where one party is in a position to dominate the will of another & uses his superior position to obtain the consent of a weaker party, the consent is said to be obtained by


36) Which of the following acts does not fall under the category of fraud ?


37) Where the consent of a party is obtained by misrepresentation ,the contract is


38) Which of the following is false ?


39) Where the consent of both the party is given by mistake, the contract is


40) If both parties believe the existence of the subject matter at the time of contract and such a thing is in existence , then the contract is


41) A contract made by mistake about the Indian Law is


42) A contract made by mistake about the Foreign law is


43) A mistake as to law not in force in India has the same effect as


44) X & Y both believes that a particular kind of rice is being sold in the market at Rs.10,000 per quintal & X sells rice of that kind to Y at Rs.10,000 per quintal. But ,in fact, the market price was Rs.12,000.The contract is


45) Fraud means


46) Threat to commit suicide amount to 1.Coercion , 2. Offence under the Indian Penal Court , 3. Undue Influence , 4.Fraud


47) Contract caused by which of the following is voidable ,1.Fraud , 2.Mis-representation , 3.Coercion , 4. Bilateral Mistake


48) An agreement is void when there is


49) Which of the following is an essential element of misrepresentation


50) A contracts with B to buy a necklace ,believing it is made of pearls whereas in fact it is made of imitation pearls of no value .B knows that A is mistaken & takes no steps to correct the error .Now A wants to cancel the contract on the basis of fraud. Which of the following statements is correct ?


51) Mr.K invites all his friends for a dinner on the occasions of the successful completion of his research. He wanted to take good care of his friend & accordingly be arranged a very lavish dinner in the dinner in a star hotel. On the day ,to his shock & surprise the friends could not turn up to the dinner ,consequently all the dishes & money were wasted . He was terribly disapppointed.In the above case which of the following remedies is / are available to Mr.K for the loss caused to him ?


52) G paid Rs.1,00,000 to H to influence the head of the Government Organization in order to provide him some employment .On his failure to provide the job , G sued H for recovery of the amount .Which of the following is correct ?`


53) V purchased a used computer from P thinking it as a computer imported from USA ,P failed to disclose the fact to V . On knowing the fact V wants to repudiate the contract. Which of the following statements is correct ?


54) Undue influence involves


55) A false representation exists only when it is made


56) Misrepresentation means


57) Act of assenting to an offer


58) Both the parties of a contract make a mistake


59) Mutual Consent parties means :


60) The word "TORT" means


61) A consent is said to be free when it is not caused by


62) Two or more persons are said to consent


63) anything committing ,or threatening to commit ,any act forbidden by the Indian penal code, with intention of causing any person to enter into an agreement is called


64) The unlawful detention of any property of a person to obtain his consent to a contract amounts to


65) Coercion, if employed ----------- does not amount to free consent.


66) Undue influence is not presumed when the relationship between the parties is


67) Undue influence can be exercised by


68) The active concealment of a fact by one having knowledge or belief of the fact called


69) Burden of proof under unconscionable transaction lies on the


70) any fact undisclosed in an insurance contract amount to


71) When a person positively asserts that a fact is true when his information does not warrant it to be so, though he believes it to be true, there is


72) The aggrieved party may ----------- when the consent is obtained by misrepresentation


73) when consent to an agreement is caused by coercion ,fraud or misrepresentation the contract is


74) Coercion is defined under


75) Undue influence is defined in section


76) Fraud is defined in section


77) Misrepresentation is defined in section


78) Any Breach of duty made without and intent to deceive constitutes


79) An act of coercion


80) A contract caused by consent of both the parties as to mistake is


81) Contract under misrepresentation is


82) A ,a money lender ,advance Rs.100 to B ,an agriculturist ,and by undue influence induces B to execute a bond for Rs.200 with interest at 6 % p.m .the court may


83) A contract can be avoided on ground of unilateral mistake if such mistake relates to the nature of the contract, and not to the terms of the contract.


84) In which of the following cases of the mistake is the contract valid ?


85) A fraudulently informs B that A's estate is free from encumbrance .B there upon buys the estate .the estate is subject to a mortgage .B may :


86) A ,intending to deceive B,falsely represents that 5,000 bags are made monthly at A's factory & thereby induces B to buy the factory .the contract is


87) Mistake of a fact is


88) A contract caused by a mistake as to any law not in force in India


89) A contract caused by one of the parties to it being under a mistake as to matter of fact


90) the distinction between fraud & misrepresentation are


91) Mental pressure is involved in case of


92) Misrepresentation can be committed by


93) S instructs T to enter on his behalf a wagering transaction. T loses in the transaction pays from his pocket. He thereafter sues S for reimbursement. Can S raise plea of wager ?


94) some money has been paid to a person by mistake


95) a person took some money by coercion from a person


96) The act of coercion can be exercised by


97) The word "ESTOPPELS" as per Indian contract act means


98) When the consent to an agreement is obtained by coercion, the contract is


99) The burden of proof under coercion lies on the----------


100) Coercion in English Law is called as ----------------


101) To employ coercion relationship between the parties is


102) A tells his wife that he would commit suicide, if she did not transfer her personal assets to him. She does so under his threat.


103) If a party stands in a fiduciary relation to the other


104) If the contract is avoided on the ground of ------------, it is at the discretion of the court to direct the aggrieved party to restore or refund the benefit received.


105) A Hindu widow borrowed money from a lender for the purpose of filing a suit for maintenance. The thlender advanced moneyat 100 percent lender is induce by.


106) When the consent to an agreement is caused by undue influence, the contract is


107) A money lender charging higher rate of interest from money borrowers, is an example of ----------


108) Burden of proof under a contract with pardanashin woman lies on the


109) A person is deemed to be in a position to dominate the will of other of the another if the other parson's mental capacity affected by


110) To employ undue influence, some sort of relationship between parties is


111) If the dominant party uses his superior position and obtains an unfair advantage over the weaker party,----------- is said to be employed.


112) Mere silence, likely to effect the willingness of a party to enter into a contract is not a fraud unless.


113) A duty to speak exists


114) If the party had suffered the losses using the subject matter which was represented wrongfully though he knew about the fraud then


115) X says to Y . If you do not deny it, I shall assume that the hours is sound. If the horse is unsound and X says nothing, there is a


116) Which silence does not amount to fraud ?


117) The aggrieved party can claim damages in case of


118) Silence is not equal to fraud in case of


119) A sold some land to B. At the time of sale, both the parties believed in good faith, that the area of the land sold was 10 hectares. It, however, turned out that the area was the 7 hectares only, How is the contract of sale affected ?


120) If a person sings a document thinking it of a different class such contract is


121) Case Law Cundy Vs. Lindsay and Co deals with


122) Contract can be there among two persons


123) Under undue influence


124) Pardanashin woman is


125) It is a duty to prove that the consent is taken by undue influence


126) Which of the following relationship do not raise presumption of undue influences ?


127) Duty to speak exist in case


128) The concept of "Duress" under English Contract Law is similar to


129) X offers to sell a painting to Z which X knows is the copy of a well-known master piece. Z thinking that the painting is original decided to buy it at a very high price. Is this valid contract ?


130) In one case, though the husband was a divorcee, he did not disclose the fact of his previous marriages to his wife and in law. It was held that the consent was obtained by


131) A man, by the name of Soham , went to a Jeweller shop and chose and a costly ring. He tendered the payment by a cheque , which he signed in the name of Garish, a person of a credit , He took the ring and pledged in to Bholanath , who had no notice fraud. Can the Jeweller recover he ring from Bola Nath.


132) Where he presumption of " Undue Influence" does not exists :


133) To avoid a contract under the claim of "Coercion" The Indian Penal should be in force where coercion is employed.


134) A contract which is avoided on grounds of Undue Influence may be set aside-


135) To invoke undue influence, the aggrieved party has to prove that the


136) Where some transaction is entered into the ordinary course of business; but due to certain contingencies, one party is able to make the other party agree to certain terms and conditions, then, it is a case of Undue influence.


137) Mere proof of nearness of relationship is not sufficient for the Court to assume that one party was in a position to domination the will of another.


138) A wife has an implied authority of the husband to buy articles of household necessity, if the wife


139) Fraud may be committed by


140) Where interest of third parties intervene, before the contract is avoided, such contract cannot be rescinded, even if the consent of the party is caused by fraud.


141) Sohan included Suraj buy his motorcycle saying that it was in very good condition. After taking the motorcycle, Suraj complained that there were many defects in the motorcycle. Sohan proposed to pay 40% cost of repairs after a few days, the motorcycle did not work at all. In this case, Suraj -


142) A woman falsely representing herself to be wife of a well known Baron obtained two pearl necklaces from a form of jewellers on the pretext for showing them to her husband before buying. She pledged them with a broker who took them in good faith. In this case.


143) P wrote to H inquiring price of rifle suggesting that he might buy as many as 50, on receipt of information, he telegraphed, "end there rifles" Due to telegraphic mistake, message was transmitted as "send the rifles" H despatched 50 rifles. In this case -


144) P wrote to H inquiring price of rifles suggesting that he might buy as many as 50.On receipt on information, he telegraphed, "send three rifles". Due to telegraphic mistake, message was transmitted as "Send the rifles". H despatched 50 rifles. Though the agreement is void on account of mistake, P could be hold liable to pay for three rifles on the basic of an implied contract.


145) Coercion includes -


146) N threatens L's wife that their son M would be abducted if L did not lease out their land to him (N). This is a case of -


147) Threat to commit suicide amounts to -


148) When the consent to the contract is caused by coercion, the contract is -


149) The concept of "Duress" under English Contract Law is similar to -


150) Under English Law, if the threat is in relation to goods or property of another person, it is not duress.


151) A Stronger party is able to dominate the will of the Weaker party, then it is known as _______


152) When the consent is caused by undue influence, the contract is -


153) Obtaining the consent on the basis of a relation subsisting between two persons where one party is able to dominate the will of the another is called -


154) F, a money lender, advances ? 10,000 to J, an agriculturist and by undue influence, induces J to sign a bond for ? 25,000 with interest at 5% p.m. The Court may set aside the Bond, with orders to pay only ? 10,000 at such nominal interest as it may deem fit.


155) An illiterate old woman made a gift deed of practically her entire property to her nephew who managed her affairs. The gift can be set aside on the grounds of -


156) Mere proof of nearness of relationship is not sufficient for the Court to assume that one relation was in a position to dominate the will of another.


157) Which of the following relationships do not raise a presumption of undue influence?


158) Which of the following will stand under Fiduciary Relationship as per Indian Contract Act, 1872?


159) To employ Undue Influence, some sort of relationship between the parties is -


160) Undue Influence involves -


161) Which of these constitute Fraud?


162) Which of the following is not included in the term 'fraud?


163) A promise made without any intention of performing it cannot be regarded as Fraud.


164) An intentional Misrepresentation will amount to -


165) Mere silence as to facts, likely to affect the willingness of a person to enter into a contract is not Fraud.


166) In a case, though the husband was a divorcee, he did not disclose the fact of his previous marriage to his wife and other relatives. It was held that the consent to marriage had been obtained by -


167) A buyer bought some jewellery thinking that it is real where as it is not so. The seller did not correct the opinion of buyer. Can the buyer makes any claim on the ground of fraud?


168) Duty to speak exists in case -


169) X bought shares in a Company on the faith of a prospectus that contained an untrue statement as to the Directorship of J. X had never heard of J and hence such statement was immaterial from his view point. X claimed damages for fraud. His claim will be dismissed on the ground that -


170) The positive assertion of such fact, which is not true, though he believes it to be true, made in a manner not warranted by the information of the person making it, constitutes -


171) Any Breach of Duty made without an intent to deceive constitutes -


172) Which is true statement in voidable contract, the injured party:


173) Which of the following statements is not correct?


174) Erroneous opinion as to value of subject matter is not a Mistake of Fact.


175) P offers, to sell a painting to K which P knows is the copy of a well known masterpiece. K thinking that the painting is original decides to buy it at a very high price. Is this a valid contract?


176) X agreed to purchase a ring from S. X believed that ring was a diamond ring. S knows that X was under a mistake and did not disclose the fact.


177) Peter buys a mosquito killer machine assuming that it is worth Rupees 50000. But actuallyit costs Rupees 5000. The remedy available to Peter ______


178) One Blenkam, knowing that Blenkiron & Co were reputed customers of Lindsay & Co, placed an order with Lindsay & Co. by imitating signatures of Blenkiron. Goods were then sold to Cundy, an innocent buyer. Lindsay & Co. sued Cundy for recovery of goods. In this case -


179) A agrees to sell his horse to B. But unknown to both the parties, the horse had already died at the time of making of the contract. The contract is -


180) A contract was made for purchase of certain bales of cotton to arrive by a ship called "Peerless" from Mumbai. Two ships of the same name (Peerless) were to sail from Mumbai. Buyer intended to buy cargo of one ship but Seller was selling the cargo of other. The contract is void on grounds of mistake as to -


181) P wrote to H inquiring price of rifles suggesting that he might buy as many as 50. On receipt of information, he telegraphed, "Send three rifles". Due to telegraphic mistake, message was transmitted as "Send the rifles". H despatched 50 rifles. Though the agreement is void on account of mistake, P could be held liable to pay for three rifles on the basis of an implied contract.


182) Mistake as to Foreign Law is treated in the same manner as -


183) Consent obtained by Fraud makes the agreement void.


184) Commercial impossibility does not make the contract void.


185) Transaction incidental to wagering agreements are not void.


186) A contract can be avoided if consent is caused by fraud.


187) A threat to commit suicide does not amount to Coercion.


188) International misrepresentation is ‘fraud’.


189) In order to constitute a valid contract, consideration between two parties must be adequate.


190) A threat to lodge criminal prosecution on a false charge amounts to coercion.