Practice Test


Q1) 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 ? Show Answer


Q2) 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 ? Show Answer


Q3) When the consent to an agreement is obtained by coercion ,the agreement is voidable at the option of Show Answer


Q4) 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 ? Show Answer


Q5) Moral pressure is involved in the case of Show Answer


Q6) 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 Show Answer


Q7) _______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 Show Answer


Q8) 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 Show Answer


Q9) Agreement with a view to defraud others is Show Answer


Q10) 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 ? Show Answer


Q11) Which of the following acts does not fall under the categories of fraud ? Show Answer


Q12) 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 Show Answer


Q13) The aggrieved party can rescind the contract on account of fraud. Can he also claim damages from the other party ? Show Answer


Q14) where the misrepresentation is intentional , deliberate & willful, with an intent to deceive the other party ,such misrepresentation = Fraud Show Answer


Q15) 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 Show Answer


Q16) Mere silence is not fraud unless Show Answer


Q17) A person to whom money has been paid or anything delivered by mistake or under coercing ,must repay or return it Show Answer


Q18) to be covered under misrepresentation ,statement must be wrong ,but the person making it believed it to be true Show Answer


Q19) A mere attempt at deceit by one party Show Answer


Q20) 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 ? Show Answer


Q21) Candy vs Lindsay Case deals with Show Answer


Q22) Coercion is Show Answer


Q23) Which of these constitute essential elements of fraud ? Show Answer


Q24) 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 - Show Answer


Q25) When the consent of a party is not free,the contract is Show Answer


Q26) Consent is not said to be free when it is caused by Show Answer


Q27) When the consent of a party is obtained by fraud ,the contract is Show Answer


Q28) The threat to commit suicide amounts to Show Answer


Q29) A wrong representation when made without any intension to decide the other party amounts to Show Answer


Q30) Which of the following is true ? Show Answer


Q31) 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 Show Answer


Q32) Coercion involves Show Answer


Q33) 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 Show Answer


Q34) When the consent of an agreement is obtained by coercion ,the agreement is voidable at the option of Show Answer


Q35) 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 Show Answer


Q36) Which of the following acts does not fall under the category of fraud ? Show Answer


Q37) Where the consent of a party is obtained by misrepresentation ,the contract is Show Answer


Q38) Which of the following is false ? Show Answer


Q39) Where the consent of both the party is given by mistake, the contract is Show Answer


Q40) 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 Show Answer


Q41) A contract made by mistake about the Indian Law is Show Answer


Q42) A contract made by mistake about the Foreign law is Show Answer


Q43) A mistake as to law not in force in India has the same effect as Show Answer


Q44) 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 Show Answer


Q45) Fraud means Show Answer


Q46) Threat to commit suicide amount to 1.Coercion , 2. Offence under the Indian Penal Court , 3. Undue Influence , 4.Fraud Show Answer


Q47) Contract caused by which of the following is voidable ,1.Fraud , 2.Mis-representation , 3.Coercion , 4. Bilateral Mistake Show Answer


Q48) An agreement is void when there is Show Answer


Q49) Which of the following is an essential element of misrepresentation Show Answer


Q50) 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 ? Show Answer


Q51) 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 ? Show Answer


Q52) 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 ?` Show Answer


Q53) 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 ? Show Answer


Q54) Undue influence involves Show Answer


Q55) A false representation exists only when it is made Show Answer


Q56) Misrepresentation means Show Answer


Q57) Act of assenting to an offer Show Answer


Q58) Both the parties of a contract make a mistake Show Answer


Q59) Mutual Consent parties means : Show Answer


Q60) The word "TORT" means Show Answer


Q61) A consent is said to be free when it is not caused by Show Answer


Q62) Two or more persons are said to consent Show Answer


Q63) 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 Show Answer


Q64) The unlawful detention of any property of a person to obtain his consent to a contract amounts to Show Answer


Q65) Coercion, if employed ----------- does not amount to free consent. Show Answer


Q66) Undue influence is not presumed when the relationship between the parties is Show Answer


Q67) Undue influence can be exercised by Show Answer


Q68) The active concealment of a fact by one having knowledge or belief of the fact called Show Answer


Q69) Burden of proof under unconscionable transaction lies on the Show Answer


Q70) any fact undisclosed in an insurance contract amount to Show Answer


Q71) 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 Show Answer


Q72) The aggrieved party may ----------- when the consent is obtained by misrepresentation Show Answer


Q73) when consent to an agreement is caused by coercion ,fraud or misrepresentation the contract is Show Answer


Q74) Coercion is defined under Show Answer


Q75) Undue influence is defined in section Show Answer


Q76) Fraud is defined in section Show Answer


Q77) Misrepresentation is defined in section Show Answer


Q78) Any Breach of duty made without and intent to deceive constitutes Show Answer


Q79) An act of coercion Show Answer


Q80) A contract caused by consent of both the parties as to mistake is Show Answer


Q81) Contract under misrepresentation is Show Answer


Q82) 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 Show Answer


Q83) 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. Show Answer


Q84) In which of the following cases of the mistake is the contract valid ? Show Answer


Q85) 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 : Show Answer


Q86) 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 Show Answer


Q87) Mistake of a fact is Show Answer


Q88) A contract caused by a mistake as to any law not in force in India Show Answer


Q89) A contract caused by one of the parties to it being under a mistake as to matter of fact Show Answer


Q90) the distinction between fraud & misrepresentation are Show Answer


Q91) Mental pressure is involved in case of Show Answer


Q92) Misrepresentation can be committed by Show Answer


Q93) 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 ? Show Answer


Q94) some money has been paid to a person by mistake Show Answer


Q95) a person took some money by coercion from a person Show Answer


Q96) The act of coercion can be exercised by Show Answer


Q97) The word "ESTOPPELS" as per Indian contract act means Show Answer


Q98) When the consent to an agreement is obtained by coercion, the contract is Show Answer


Q99) The burden of proof under coercion lies on the---------- Show Answer


Q100) Coercion in English Law is called as ---------------- Show Answer


Q101) To employ coercion relationship between the parties is Show Answer


Q102) 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. Show Answer


Q103) If a party stands in a fiduciary relation to the other Show Answer


Q104) 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. Show Answer


Q105) 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. Show Answer


Q106) When the consent to an agreement is caused by undue influence, the contract is Show Answer


Q107) A money lender charging higher rate of interest from money borrowers, is an example of ---------- Show Answer


Q108) Burden of proof under a contract with pardanashin woman lies on the Show Answer


Q109) 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 Show Answer


Q110) To employ undue influence, some sort of relationship between parties is Show Answer


Q111) If the dominant party uses his superior position and obtains an unfair advantage over the weaker party,----------- is said to be employed. Show Answer


Q112) Mere silence, likely to effect the willingness of a party to enter into a contract is not a fraud unless. Show Answer


Q113) A duty to speak exists Show Answer


Q114) If the party had suffered the losses using the subject matter which was represented wrongfully though he knew about the fraud then Show Answer


Q115) 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 Show Answer


Q116) Which silence does not amount to fraud ? Show Answer


Q117) The aggrieved party can claim damages in case of Show Answer


Q118) Silence is not equal to fraud in case of Show Answer


Q119) 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 ? Show Answer


Q120) If a person sings a document thinking it of a different class such contract is Show Answer


Q121) Case Law Cundy Vs. Lindsay and Co deals with Show Answer


Q122) Contract can be there among two persons Show Answer


Q123) Under undue influence Show Answer


Q124) Pardanashin woman is Show Answer


Q125) It is a duty to prove that the consent is taken by undue influence Show Answer


Q126) Which of the following relationship do not raise presumption of undue influences ? Show Answer


Q127) Duty to speak exist in case Show Answer


Q128) The concept of "Duress" under English Contract Law is similar to Show Answer


Q129) 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 ? Show Answer


Q130) 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 Show Answer


Q131) 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. Show Answer


Q132) Where he presumption of " Undue Influence" does not exists : Show Answer


Q133) To avoid a contract under the claim of "Coercion" The Indian Penal should be in force where coercion is employed. Show Answer


Q134) A contract which is avoided on grounds of Undue Influence may be set aside- Show Answer


Q135) To invoke undue influence, the aggrieved party has to prove that the Show Answer


Q136) 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. Show Answer


Q137) 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. Show Answer


Q138) A wife has an implied authority of the husband to buy articles of household necessity, if the wife Show Answer


Q139) Fraud may be committed by Show Answer


Q140) 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. Show Answer


Q141) 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 - Show Answer


Q142) 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. Show Answer


Q143) 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 - Show Answer


Q144) 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. Show Answer