BREACH OF CONTRACT – ONE LINERS

 

1.   A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. Is A entitled to be reimbursed from B’s property.

Yes (Refer ill. (b) of Sec. 68)

2.   A is a tradesman who leaves goods at B’s house by mistake. B treats the goods as his own. Is he bound to pay A for them?

Yes (Refer ill. (a) of Sec. 70)

3.   What is the responsibility of finder of goods?

He is subject to the same responsibility as a bailee.

4.   Mention the Sections which deal with the consequences of breach of contract.

Ss. 73, 74 & 75

5.   There was predetermination of penalty in case of breach of contract. However there was no actual loss suffered. Has the party right to be compensated from other party?

Yes (Refer S. 74)

 

 

Performance of Contracts - One Liners

 

1.    A promisor has made an offer of performance to the promisee, and the offer has not been accepted, is the promisor responsible for  non-performance?

The promisor is not responsible for  non-performance (Refer S. 38)

2.    A promisor is to perform his promise and no time for performance is specified, what will be the time period for the promise to be performed?

Within a reasonable time (Refer S. 46)

3.    The question “what is a reasonable time” in a particular case is a question of fact or a question of law?

A question of fact

4.    A promises to deliver goods at B’s warehouse on the first January. On that day A brings the goods to B’s warehouse, but after the usual hour for closing it, and they are not received. A has performed his promise. True or false?

False

5.    A and B contract that A shall deliver goods to B to be paid for by B on delivery. B is not willing to pay for the goods on delivery. Is A liable if he does not deliver the goods?

No (Refer illustration (a) of section 51)

6.    A contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise. What is the nature of contract?

Becomes voidable at the option of the party so prevented (Refer S. 53)

7.    What is the effect of an agreement to do an act impossible?

Void (Refer S. 56)

8.    After the contract is made, it becomes impossible to perform. What’s the nature of contract then?

Becomes void when the act becomes impossible or unlawful (Refer S. 56).

9.    A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it. What is the nature of promise/contract?

The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract.

The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement. (Refer illustration of Section 57)

10.A contract becomes void and one of the parties has received some advantage under such contract. Is he liable to compensate?

Yes (Refer S. 65)

 

PERFORMANCE OF CONTRACT (MCQ)

1.    Performance of contract means

a.     Fulfilling all the obligations by a promise

b.    Fulfilling all the obligations by the promisor 

c.     Performing all the promises and fulfilling all the obligations by all the parties

d.    Both (a) or (b)

2.    When the parties under the contract fulfill their respective promises, the contract is said to be discharged 

a.     By breach of contract 

b.    By impossibility of performance 

c.     By agreement and novation 

d.    By performance of contract

3.    An attempted performance discharges the promisor from his liability

a.     To deliver the goods 

b.    To pay the price

c.     To pay the damages 

d.    (a) and (b)

4.    The Parties to a Contract must 

a.     Perform their respective promises 

b.    Offer to perform their respective promises

c.     Either (a) or (b)

d.    Neither (a) nor (b)

5.    The parties to a contract need not perform when the performance is

a.     Dispensed with 

b.    Excused under the provisions of any law

c.     Either (a) or (b) 

d.    Neither (a) nor (b)

6.    In case of death of the Promisor before performance, the Representatives of the Promisor are not bound when

a.     It involves the personal skill

b.    Agreement exempt the performance of promise on part of legal representative 

c.     Either (a) or (b) 

d.    Neither (a) nor (b)

7.    A promises to deliver goods to B for Rs 20,000. A dies before performance of promises 

a.     The contract becomes void 

b.    The contract becomes impossible 

c.     The contract can be enforced against A’s representatives and B is bound to pay Rs 20,000 to A;s representatives

d.    The contract is void

8.    A promises to paint a picture for B. A  dies before painting picture. Which one of the following is the correct legal position?

a.     The agreement becomes unlawful 

b.    The agreement becomes impossible 

c.     The agreement becomes voidable 

d.    The agreement is void ab initio

9.    Where the Promisor offers to perform to the Promisee, the Promisee is bound 

a.     To provide reasonable facilities for the performance 

b.    To provide unreasonable opportunity

c.     Both (a) or (b) 

d.    Neither (a) nor (b)

10.A contracts to repair B’s house. B does not show him the places that require repairs. In this case 

a.     A must request B to show the required places 

b.    A is excused from non-performance where it is so caused by B’s neglect 

c.     B can sue A for non-performance 

d.    A can sue B for non-co-operation

Legal Quiz on Separation of Powers

1.     Who formulated the doctrine of separation of powers?

a.      Dicey

b.     Montesquieu

c.      Davis

d.     None of the above

2.     What are the main categories of governmental functions?

a.      Legislative

b.     Executive

c.      Judicial

d.     All of the above

3.     Strict separation of powers is :

a.      A theoretical absurdity

b.     Practical impossibility

c.      Both

d.     None of the above

4.     Actually which theory has been adopted in England?

a.      Separation of powers

b.     Integration of powers

c.      Both

d.     None of the above

5.     What is/are the main function of judicial review

a.      To declare any law passed by Legislature ultra vires

b.     To declare any law passed by Legislature unconstitutional

c.      Both

d.     None of the above

6.     Who is/are vested with the power of judicial review

a.      Supreme Court

b.     High Courts

c.      All the courts

d.     Both Supreme Court and High Courts

7.     Choose the correct option

a.      One of the elements of separation of powers is the system of checks and balances

b.  Separation of power is in our Constitution but is not a basic structure of the Constitution

c.      Separation of powers in our Constitution is as rigid as in the US

d.     All the options are incorrect

8.     Choose the incorrect option

a.      Parliament exercises judicial functions also

b.     Parliament exercises certain executive or administrative functions also

c.      Only President can issue ordinance

d.     All the options are correct

9.     Legislative powers, executive powers and judicial powers are in Articles __, ___ & ______ respectively in the American Constitution.

a.      I, III & II

b.     I, II & III

c.      II, III & I

d.     II, I & III

10.  What is/are the fundamental object behind Montesquieu’s doctrine of Separation of power?

a.      Liberty of an individual

b.     Freedom of an individual

c.      Both

d.     None of the above

1(b), 2(d), 3(c), 4(b), 5(c), 6(d), 7(a), 8(c), 9(b), 10(c)

RULE OF LAW QUIZ

1.     Who is the originator of the concept of Rule of Law

a.      Sir Edward Coke

b.     Dicey

c.      Davis

d.     None of the above

2.     What was/were the meaning(s) attributable to the doctrine of Rule of Law by Dicey?

a.      Supremacy of Law

b.     Equality before law

c.      Judge-made constitution

d.     All of the above

3.     “The rule of law requires that the government should be subject to the law, rather than the law subject to the government.” Who among the following gave this statement?

a.      Wade

b.     Dicey

c.      Davis

d.     None of the above

4.     ‘Droit administratif’ is legal system of which country?

a.      England

b.     France

c.      India

d.     America

5.     Dicey’s rule of law has come to be identified with the concept of rights of ­­­___________

a.      ­Alien enemies

b.     Animals

c.      Citizens

d.     All of the above

6.     Davis gave ________ principal meanings of the term “rule of law”.

a.      3

b.     5

c.      7

d.     9

7.     Which of the following cases is known as Habeas Corpus Case?

a.      Maneka Gandhi v/s Union of India

b.     Indira Nehru Gandhi v/s Raj Narain

c.      ADM, Jabalpur v/s Shivkant Shukla

d.     None of the above

8.     “Supremacy of law” being the 1^st principle of Rule of Law excludes the –

a.      Arbitrary power

b.     Wide discretionary power

c.      Both

d.     None of the above

9.     “Equality before law” being the 2^nd principle of Rule of Law means –

a.      Equality before the law

b.     The equal subjection of all classes to the ordinary law of the land

c.      Both

d.     None of the above

10.  The doctrine of rule of law proved to be an effective and powerful weapon in keeping __________ authorities within their limits.

a.      Legislative

b.     Administrative

c.      Judiciary

d.     None of the above

1(a), 2(d), 3(a), 4(b), 5(c), 6(c), 7(c), 8(c), 9(c), 10(b)