Practice Test

1) A sold a tin of disinfectant powder to K without warning knowing fully that if the tin was not opened with care , it will likely to cause injury . K was injured while opening the tin .Which of the following statement (s) is / are correct ?

2) A purchased a refrigerator on hire purchase from B & pledge with C .D purchased a refrigerator from C in good faith ,on knowing the facts B wants to recover the refrigerator from D .Which of the following statement (s) is / are correct ?

3) A timber merchant agreed to supply best teak at a certain agreed price to a builder .Later the merchant supplied timber which was identified as ordinary class of timber & demanded the payment from the builder .Which of the following statement (s) is / are correct ?

4) When price is to be fixed by the third party & the third party does not make such valuation ,the other party may

5) A party entitled to rescind the contract is also entitled to receive the compensation from the defaulting party

6) An anticipatory breach does not give any right to claim compensation

7) M promised to pay N for his service at his M sole discretion found to be fair & reasonable .however ,N dissatisfied with payment made by M wanted to sue him N's suit will be

8) Damages awarded to compensate the injured party for the actual amount of loss suffered by him for breach of contract are called

9) Quantum maruit is not applicable i.e. ,there is no right to sue when

10) In case of anticipatory breach ,the damages will be assessed from the

11) When there is breach of contract ,special damages are awarded

12) Only those persons who are parties to a contract can sue & be sued upon the contract .the rule is known as doctrine of

13) When prior to the due date of performance, the promisor absolutely refuses to perform the contract ,it is known as

14) In the case of anticipatory breach ,the aggrieved party may treat the contract

15) In the case of breach of the contract , which of the following remedies is not available to the aggrieved party ?

16) Sometimes ,a party is entitled to claim compensation in the proportion to the work done by him. it is possible by a suit for

17) Generally ,Which of the following damages are not recoverable ?

18) A , B & C jointly promised to pay Rs.60,000 to D .A was completed by D to pay the entire amount of Rs.60,000.Here

19) If the damage which were ought to be prevented were not prevented by the aggrieved party, the aggrieved party can

20) Ordinary damages are damages Which

21) M a popular singer ,enters into a contract with the manager of a theatre , to sing at the theatre two evenings a week for the next 2 months & the manager of the theatre agrees to pay him at the rate of Rs.1,000 for each performance. From the sixth evening onwards ,M absents himself from the theatre.In this context ,which of the following remedies is /are available to the manager of the theatre against M ?

22) R ,T & K jointly borrowed Rs.2,00,000 from F by executing a promissory note.T & K are not traceable. F wants to recover the entire amount from R .R objected this move by saying he is liable to pay 1/3 of the debt only .Which of the following statements is correct ?

23) Restitution

24) P filed a suit against Q for the breach of contract and P incurred Rs. 5,000 as cost of suit. Then, P can

25) A agrees to deliver 100 bags of sugar to to B at a certain price on 1st September. If A refuses or fails to deliver the goods on 1st September, there is an

26) Quantum maruit means

27) When a contract has been broken ,the party who suffers by such breach is entitled for receive ,from the other party

28) Exemplary damages are awarded

29) Mr. A enter life insurance contract with X and co. On death A, X and co. refuses to pay A's wife .What legal remedy does A's wife have ?

30) Incase there is a breach of contract by one party, the other party may rescind the contract and need not perform his part of obligations under the contract, this is called ------------- of the contract.

31) The measure of damages in case of breach of a contract is the difference between the

32) The damages which can be claimed only when the special circumstance are communicated to the promise are called

33) The aggrieved party is entitled to claim monetary compensation for the loss caused due to non performance of promise. This is called

34) The damages which can be awarded even if the aggrieved party has not suffered any loss are called

35) Penalty is

36) In case of breach of a contract, the aggrieved party is entitled to claim.

37) ---------- does not exist

38) The essence of a liquidate damage is that it should be

39) If the damages are fixed at the time of contract, then the aggrieved party

40) Damages which are awarded for non financial losses are called

41) Suit for specific performance means

42) Specific performance may be ordered by the Court when

43) Quantum meruit is a --------- word

44) In case a contract is completely performed, but the performance is poor, then the other party can

45) Which of the following statements is not correct ?

46) Claim for quantum meruit cannot arise in case of

47) To claim quantum meruit, the original contract.

48) ---------- means the termination of contract.

49) Suit for injection means

50) Suit for specific performance and suit for injunction ----------

51) Where a party does something which he promise not to do, which suit be filed ?

52) The party committing a breach of contract is called the

53) ------------ is a part of the purchase price and paid when the contract is entered into

54) In which of the following situations, specific performance can be granted ?

55) The right to sue quantum meruit lies with

56) When an indivisible contract for lump sum is completely performed but badly, the person who has performed, can

57) Damages awarded simply to recognize the right of the party to claim damages for the breach of the contract are called

58) If the compensation to be paid on breach of contract is the genuine pre estimate of the prospective damages, it is known as

59) In case of -------------- the measure of damages depends upon the severity of stock to the sentiments of the promisee/aggrieved party.

60) Injunction is an order of court ---------- a person for doing a particular act

61) The law governing the payment of damages is based on the leading English case.

62) A stipulation which provides that an increased rate of interest will be paid from the date of default is regarded as

63) A contracts to marry B. Before the agreed date of marriage, A marries C. Here, B is entitled to sue A for

64) In case of Anticipatory Breach, the Promisee can -

65) In case of anticipatory breach remedies available to aggrieved party are _______.

66) In case of anticipatory breach, where the Promisee elects to keep the contract alive, if during the time the contract remains open, some event happens discharging the Promisor from his liability, the Contract becomes -

67) B chartered A's ship and agreed to load it with a cargo in Odessa within 45 days. B was unable to supply the cargo, but A continued to demand it. Meanwhile war broke out, rendering the performance impossible. In such case -

68) In case of anticipatory breach of contract, the _____

69) The remedies open to a person, suffering from breach of contract are -

70) Where damages are not an adequate remedy, then court may order for

71) Specific Performance may be ordered by the Court when -

72) Suit for specific performance of contract can be instituted by the promisee, where _______.

73) N, a film star, agreed to act exclusively for K, a film producer, for one year. During the year, she contracted to act for some other producer. In this case, K -

74) Quantum Meruit means -

75) S, a singer, contracts with H, manager of a theatre, to sing at his theatre for two nights every week during next two months. H agrees to pay her ? 1000 for each night's performance. On sixth night, S willfully absents herself, and H, in consequence, rescinds the contract. In this case -

76) N singer contracted with a theatre manager to sing a song, due to her illness she failed to perform the contract, she received 20000 as advance ------

77) Damages which an aggrieved party claims, besides 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 -

78) Which of the following Damages are punishment in nature?

79) If the aggrieved party does not face any loss _______ damages can be claimed.

80) Which of the following is incorrect?

81) A contracts with B to deliver possession of a house under construction within a period of 6 months; failing which he would pay the monthly rental of B. The monthly rental payable by B for A is in the nature of -

82) Breach of condition gives rise to a right to repudiate the contract of sale.