Practice Test

1) ____________stipulated in a contract ,acts as a deterrent to avoid performance

2) A ,B & C jointly promised to pay Rs.90,000 to D .before performance of the contract ,C dies .here ,the contract

3) A agrees to pay Rs.25,000 to B if a certain ship returns within a year .however ,the ship sinks within the year .in this case .the contract becomes

4) Kat ,an actress was engaged for a tour ,the agreement provided that if the party went to London .K would be engaged at a salary to be mutually agreed between them , in such a case

5) In which of the following cases, the promisor is at fault ?

6) When a person has made a promise to two or more persons jointly ,then unless a contrary intention appears from the contract ,& after the death of all of them the right to claim performance rests with

7) In case of the death of the promiser before performance ,the representative of the promisor are not bound when

8) In a contract ,the time fixed for performance of the contract has expired but the time is not essential .what is the remedy of the promisee in the circumstances

9) Where the promisee has to apply to the promisor for performance ,such application should be made at a proper time & place. what is proper time & place is a

10) Assignment by operation of law takes place

11) Which of the following persons can perform a personal contract ?

12) X,Y & Z jointly promised to pay Rs.90,000 to R .Before performance of the contract, Z dies .Here ,the contract

13) A agrees to pay Rs.1,000 to B if a certain ships return within a year .However ,the ship sinks within the year .In this case ,the contract becomes

14) Where time is the essence of the contract and the promisor fails to perform his promise in time, the contract becomes :

15) Where the performance of a promise by one party depends on the prior performance of promise by the other party, Such reciprocal promise fall under the category of--.----------- promises

16) Suppose the time fixed for performance of the contract has expired but the time is not essential. What is the remedy of the promise in the circumstances ?

17) Promises which form the consideration or part of the consideration for each other, are called

18) Performance of a contract may be in the from of

19) Tender means:

20) When the promisee refuses to accept the performance from the promisor who offers to perform, it is :

21) The promises which are to performed simultaneously are called ----------- promises.

22) Which tender does not discharge the promisor from his liability ?

23) A surety made certain payment on behalf of his principal

24) A ,B & C jointly promise to pay D the sum of Rs.6,000 .C is compelled to pay the whole .A is insolvent ,but his assets are sufficient to pay one-half of his debts

25) A owes B Rs. 50,000. B accepts some of A's good in reduction of debt. In such case, the delivery of good.

26) Three persons make a joint promise .The promisor released one of the promisors

27) one person has made a promise to three persons jointly .that the person dies .No specific intention appears in the contract as to performance

28) By, the contract ,a promisor is to perform his promise without application by the promisee.No time for performance is specified in the contract

29) A promise is to be performed on a certain day without application by the promisee

30) when a promise is to be performed on a certain day

31) when a promise is to be performed without application by the promisee & no place is fixed

32) When a contract of reciprocal promises to be simultaneously performed

33) When a contract contains reciprocal promises ,one party to the contract prevents the other from performing his promise, the contract becomes

34) When in a contract containing reciprocal promises ,one party prevents the other from performing his promise ,the party so prevented is entitled to

35) Offer to perform is called

36) In case of an alternative promise ,one branch of which is legal & the other illegal .The legal branch

37) A contract can be performed by

38) Which is a valid tender

39) A owes money to B under a contract. It is agreed between A,B & C ,that B shall thenceforth accept C as his debtor ,instead of A

40) If any promisee neglects reasonable facilities to the promisor for the performance of his promise

41) Mr. X lends Rs.10,000 to Mr. Y. He later tell Y that he need not repay the amount. The contract is discharged by

42) A Tender will be irrevocable where :

43) "A" invites tenders for the specific supply of 10 quintals of cotton. "B","c" and "D" submit their tender. A contract is concluded when :

44) A promise to compensate, wholly or in part, by a person who has already voluntarily done something for the promisor is

45) A promisee can recover the promised amount of charity from the promisor

46) Latin maxim Ignorantia juris non excusat means:

47) A contract cannot be performed by :

48) If promise does not accept a valid tender or goods and service.

49) Which of these parties cannot demand performance of a promise

50) When the promisor refuses or disables himself from performance his promise, the promisee :

51) On death of promisor, the contract which involve any personal skill------------ performed by their legal representative of that promisor.

52) The liability of the legal heir is :

53) When a promisee accept the performance of the promise from a third person -------------- it against the promisor later.

54) If the promise does not accept the valid tender of money

55) Generally time fixed for ----------- is consideration to be the essence of a contract and non the time fixed for --------

56) Anita, Sunita and Neeta jointly promised to pay Rs. 1,20,000 to Dev. Anita was compelled by Dev to pay the entire amount of Rs. 1,20,000. Here :

57) A,B and C Jointly promise to pay Rs. 3,000 to D, here :

58) Reciprocal promises consist of promises by :

59) A and B promise to marry each other.

60) When the promise by one party can be performed without waiting for the party to perform his promise, the promise is known as a -------- promise

61) Each party is a promisor and a promisee in case of :

62) Sale of goods for cash is an example of :

63) Where debt to be discharged is not indicated by the debtors, the creditor :

64) Where neither parties make any appropriation the money received must be applied :

65) When the money is received by a creditor without any definite appropriation and there is also interest due on it, then the money must be applied :

66) X owns totally Rs.50,000 to Y. He sends a cheque for Rs. 20,000 starting that it shall be appropriated toward the first sum of Rs. 20,000 he took from Y.Y shall appropriate it towards :

67) When a party to a contract transfers his contractual right to another, it is:

68) Xavier, who owns Rs.20,000 to Marshall, dies leaving an estate of Rs. 5,000. The legal representatives of Xavier are :

69) Assignment of contract may be by :

70) Under ------------ , both benefits and burden attached to the contract devolve upon the legal heir.

71) Which of the following statements is not true?

72) What is the reasonable time for performing of a contract ?

73) In case of default by joint promisors, the promisee :

74) All wagering agreement and contingent contracts are void :

75) Unconditional contract are called ---------- contracts

76) A ------------- is not a game, but contingent upon the happening or non - happening of a uncertain future event.

77) Upon an offer of performance by the promisor, if the promisee neglects to provide or does not provide reasonable facilities for performance, the promisor is :

78) A promises to delivery bangs is wheat to B. In case of A's death before performance, A's representatives :

79) A servant is employed for one year on a monthly salary of Rs.1,800, the whole salary to be paid at the end of the year. The servant wrongfully leaves the service after six months. Is he entitled to any salary ?

80) A enters into a contract with B for dancing at his theater for three night for a fee of Rs.2,00,000. A dances for two nights and he falls. What remedy is available to B ?

81) X owes Y two sums, one of Rs.2,000 which is barred by Imitation and another for Rs.2,500 which is not barred. X pays Y Rs. 1,000 on account generally. Later Y sues for Rs. 2,500 X pleads.
i) As to Rs. 2,000 that it was time barred, and ii) As to Rs.2,500 a part payment of Rs. 1,000

82) Novation requires:

83) ---------------- of a contract taken place when all or some of the terms of the Contract are cancelled.

84) Contractual impossibilities are known as?

85) Time may by made the essence of a contract by subsequent notice also.

86) K sued some of the partners of a firm ABC Co. for damages but then he settled his claim against one of them and agreed to withdraw his claim against such partner and continued his suit against other partners. In his case :

87) A owns Rs.1,00,000 to XYZ co, a partnership firm, A pays the whole amount to x, a joint promisee. Later Y and Z made a claim on A :

88) A and B contract that B shall build a house for A for Rs.9 lakhs. B is ready and willing to construct the house. but A prevents him from doing so. In this case :

89) Whether time is the essence of the contract depends on :

90) Where performance of contract is remaining in part of both parties of contract, then such contract is known as

91) In case of death of the Promisor before performance, the Representatives of the Promisor are not bound when -

92) A, a singer enters into a contract with B, the manager of a theatre to sing at his theatre two nights in every week during the next two months and B engages to pay her ? 1,00,000 for each night's performance. On the sixth night, A willfully absents himself from the theatre. If A turns up after a week and B without saying anything allowed A to perform that night -

93) Where performance involves the exercise of personal skills by the Promisor, the promise should be performed by -

94) A is a dancer. She contracts with B to dance in a programme. But before due date of programme, A dies. This contract is performed by

95) A teacher enters in to contract with a student to teach for the exams, but he dies before teaching. Now

96) In case of death of a Joint Promisor(s), the Promisee can -

97) In case of default by Joint Promisors, the Promisee can sue any one of them for the entire promise

98) Ram, Lai and Shyam jointly promise to pay Mohan ? 30,000. Shyam paid the whole amount to Mohan. If Ram and Lai are solvent, Sham can recover

99) If any one of the joint promisors makes a default in making contribution. How will it be settle down by other promisors?

100) Shyam and Sunil are joint promisors. Promisee discharged one of the joint promisor. Then ______

101) The right of Joint Promisees to demand performance is -

102) X, Y and Z are partners of software business jointly promise to pay ? 30,000 to A. Over a period of time Y became insolvent, but his assets are sufficient to pay 1/4th of his debts. Z is compelled to pay the whole.

103) Reasonable time for performance of a contract is a -

104) If no time is specified for performance of a Contract, it must be performed with in a reasonable time. “Reasonable time" means

105) If time is the essence of the contract and the Promisor fails to perform the contract by the specified time, the contract -

106) If the time is the essence of Contract and it is not performed with in specified time, then ____

107) Whether time is the essence of the contract depends on -

108) In contracts of sale of movable properties, time is -

109) In case of reciprocal promises, which is not applicable?

110) A and B contract that B shall build a house for A for ? 9 Lakhs. B is ready and willing to construct the house, but A prevents him from doing so. In this case -

111) A stranger to the contract can enforce the contract.

112) Performance of the contract may be made only by the parties to the contract.

113) A promise under a contract can be performed only by the promisor himself.

114) When persons reciprocally promise, first to do certain legal acts and secondly to do certain illegal acts, the whole agreement is void.

115) When the promise does not accept the offer of performance, the promisor is not responsible for non-performance.

116) Payments made by a debtor are always appropriated in a chronological order.

117) Cancellation of a contract by mutual consent of the parties is called waiver.

118) In discharge of the whole claim a party to the contract agrees to accept a lesser amount then due, from the other party is a valid contract inspite of inadequate consideration.

119) If the promises are joint, the right to claim performance is joint and not joint and several.

120) A promise to pay a time barred debt is not enforceable.

121) Reciprocal promise to do certain things legal and other illegal, make such promises void.

122) The original contract between the parties must be performed even when the parties agree to substitute it with a new contract.