A person cannot be a Director at the same time in more than _________companies – 15
2. A contract in which the terms are started in word (written or spoken) by the parties is known as ____________________contract. – Express 3. A's nephew was missing. A sent his munim B in search of the missing boy. In the meanwhile A issued hand bills offering Rs.5,000/- to any person who would find out the missing boy. B could trace the boy and brought him home. Later on, he came to know about the reward and sued A for the reward. Will he succeed? – No 4. A sent a telegram to B, "Will you sell your car? Quote lowest price". B sent a reply "Lowest price Rs.25,000/-". A sent a second telegram to B, "I agree to buy your car for Rs.25,000/-". B thereafter refuses to sell. (a) Can A compel B to do so? (b) Is there a contract between A and B? – No 5. X at Delhi on 1st August, 1974 sends a letter to Y in Mumbai offering to sell his car for Rs.16,000/-. Y on 2nd August, 1974 sends a letter to X accepting the offer. This acceptance letter reaches X on 4th August, 1974. But on 3rd August X has sold the car to Z and wired Y revoking the offer. This wire reaches on 3rd August, 1974 itself. Is there a breach of contract committed by X? – Yes 6. X lent to Y three sums of Rs.100/-, Rs.200/- and Rs.500/-. Y sent a sum of Rs.100/- asking X to appropriate this money towards the third debt of Rs.500/-. X wants to appropriate this money to the first loan. Can he do so? – No 7. X agreed to supply certain goods to Y. The goods were to be procured from Algeria. Due to riots and civil disturbances in that country, goods could not be procured. Can X be discharged on the ground of riots, etc.? – No 8. A, a tradesman, sends some goods ordered by B. A's servant delivers the goods by mistake at C's house. C uses the goods. Can A recover the price of the goods from C? – Yes 9. A minor fraudulently represented to a moneylender that he was of full age and executed a mortgage deed for Rs.10,000/-. Has the moneylender any right of action against the minor for the money lent or for damages for fraudulent misrepresentation? – No 10. A executed a pronote in favour of B while he was a minor. The pronote was renewed by A in favour of B when he attained the age of majority. B brings a suit against A on the basis of the second pronote. Will he succeed? – No 11. A tells his wife that he would commit suicide, if she did not transfer her personal assets to him. She does so under this threat. Can the wife avoid the contract? – Yes 12. A pays some money to B by mistake. It is really due to C. Can C recover the amount from B? – No 13. 5 persons are the only members of a private company. All of them go in a boat on a pleasure trip into the open sea. The boat capsizes and all the 5 die being drowned. Does the private company cease to exist? – No 14. During the war, all the members of a private company, while in general meeting, were killed by a bomb. Does the company cease to exist because all the members died? – No 15. The promoters of a company, before its incorporation, enter into an agreement with P to buy a plot of land on behalf of the company. After incorporation, the company refuses to buy the said plot of land. Has P any remedy either against the promoters or against the company? – No 16. The secretary of a company issued in favour of R a certificate which apparently complied with the company's articles as it purported to be signed by 2 Directors and the secretary and it had the company's seal affixed to it. In fact the secretary had forged the signatures of the Director's and affixed the seal without authority. Is the certificate binding on the company? – No 17. To foster better industrial relations, Directors of A.B. Ltd agree with its trade union to offer 1,000 shares of Rs.100/- each, fully paid upto its employees and to receive amount thereon in 10 equal installments of Rs.10/- per share. Can the company make such an issue? – Yes 18. The secretary of a company purchased some stationery for the company but he took it home and put it to his private use. The company refused to pay to the supplier of the stationery on the plea that it never received the stationery. Is the company liable? – Yes 19. Anil aged 17 years, borrowed money from a moneylender by representing himself to be of 21 years. - Anil cannot be sued for fraud 20. An agreement made under coercion, renders the contract:- Voidable 21. The contract entered with a lunatic during the times of his sound mind is:- Valid 22. 'A' accepts 'B's invitation to dinner by phone. This is not a contract as:- There is no intention to create a legal relationship 23. 'A' agreed to sell his car to 'B'. His consent was given at gun point. This contract is voidable as it involves:- Coercion 24. A contract where consent is obtained by coercion is:- Voidable at the option of the party whose consent was obtained by coercion 25. A contract which is wholly performed by both the parties is called:- Executed contract 26. The right of lien exercised by an unpaid seller is to: - Retain possession 27. A private company must have atleast:- Two Directors 28. A person dealing with a company having satisfied himself that the proposed transaction is not in its nature inconsistent with the Memorandum and Articles, is not bound to enquire into the regularly of the internal proceedings. This is known as:- Doctrine of Indoor Management 29. Every person dealing with a company is presumed to have read the Memorandum and Articles and understood them in their true perspective. This is known as:- Doctrine of Constructive Notice 30. A public company:- ) Is required to file a prospectus and declaration of statutory compliance under Section 149 with the registrar and Can commence business after receiving the Certificate of Commencement of Business 31. The transferee becomes a member of the company when:- The transfer is registered by the company 32. Transmission of shares:- Requires an application to be made by the person to whom shares are transmitted 33. Total managerial remuneration payable by a public company to its Directors:- Cannot exceed 11% of net profits for the financial year 34. The maximum number of Directors in the Board of a public limited company can be:- 12 but excluding nominee and 12 without the approval of the Central Government 35. Portion of uncalled capital, to be called in the event of winding-up is called:- Reserve Capital 36. Inserting a coin in the slot of a weighing machine installed at the railway station is an example of:- Implied acceptance 37. Mr.A accepts Mr.B's telephonic invitation for dinner. This is:- Not a contract 38. Who can be a beneficiary to a contract? A minor 39. The liability of members in a company limited by shares:- Is nil, if the shares are fully paid- up 40. A public company:- Must have atleast 3 Directors 41. Vidyun purchased an used computer from Prajwal thinking it is a computer imported from USA, Prajwal failed to disclose the fact to Vidyun on knowing the fact that Viyun wants to repudiate the contract. C – Vidyun cannot repudiate the contract 42. Determine the status of Lakshmi Housing Co-operative society – D – Association of persons 43. A, a singer enters into a contract with B, the manager of a theatre, to sing in his theatre two nights each week during the next two months and B agrees to pay her at the rate fo Rs, 100 each night. On the sixth night A willfully absents himself with the absent of B, A sings on the seventh night but on the following day B puts an end to the contract. Can A claim damages for the breach of contract, Advice A – No 44. An agreement, the meaning of which is not certain or capable of being made certain, is valid? – False 45. The plaintiff hired a godown from the defendant for a period of 12 months and paid the whole rent to him in advance. After six months, the godown was destroyed by fire and the plaintiff claimed a refund of proportionate amount of the rent, is the claim valid? No 46. Which of the following is an exception to the rule that “an agreement of restraint in trade is voide”? Agreement of restraint of carrying of trade after sale of goodwill 47. Chandu orally offered to pay Ashok, an auto mechanic Rs. 100 for testing a used car which Chandu was about to purchase from Dharam. Ashok agreed and tested the Car, chandu paid Ashok rs 100 in cash. Agreement between Chandu and Ashok is? – Express, executed and Valid 48. A foreign company is one which is incorporated? - incorporated outside India, but has a place of business in India or conducts any business 49. The quorum for a valid meeting in case of a public limited company is – 5 members 50. M asked for a bottle of stone’s Ginger wine at F’s shop which was licensed for the sale of wines. While M was drawing the cork, the bottle broke because of defect in the glass and M was injured can M claim damages for the injury? Yes 51. X agreed to give his house to a school for the library on the condition that the library would be named after him. The management of the school accepted his condition. Later on X changed his mind. Could the management enforce the contract? – Yes 52. A sold a new singer car to B. on delivery, B found that it was not a new car. What is the remedy for B? Can B repudiate the contract? – Yes 53. The first directors of a company is appointed as its statutory meeting – False 54. A borrows Rs.500/- from B to purchase certain smuggled goods from C. Can B recover the amount from A if he? a) knows of A’s purpose for which he borrows money b) does not know of A’s purpose? – Yes 55. the right of lien exercised by an unpaid seller is to: retain possession 56. A contract which is wholly performed by both the parties is called:- Executed contract 57. The memorandum of association should contain the following fundamental clauses – Name, registered office, objects, liability and subscription clause 58. Payments made by a debtor are always appropriated in chronological order – False 59. A person who is usually of unsound mind cannot enter into a contract even when he is of sound mind – False 60. A, by advertisement in newspaper, offers a reward of rs 10000 to anyone who contracts influenza after taking his medicine for the disease. B used it and contracted influenza, Can B recover the reward? – Yes 61. Risk follows ownership – True 62. A firm is liable for the wrongful acts of a partner – Yes 63. Social agreements are enforceable in Courts – false 64. In which of the following relationships, there is no presumption of undue influence? – creditor and debtor 65. Commercial impossibility does not make the contract void. – True 66. Every person dealing with a company is presumed to have read the memorandum and articles and understood them in their true perspective. This is known as:- doctrine of constructive notice 67. A company is government company, if? - company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government 68. A sells B a certain quantity of rice. It is agreed three months credit shall be given. B allows the rice to remain in A’s warehouse till the expiry of the three months and then does not pay for them. Can A retain the goods for price? – Yes 69. A person dealing with a company having satisfied himself that the proposed transaction is not in its nature inconsistent with the Memorandum and Articles, is not bound to enquire into the regularly of the internal proceedings. This is known as - doctrine of indoor management 70. M mows L’s lawn without being asked by L to do so L watches M do the work but does not attempt to stop him. Is L bound to pay any charges to M? – Yes 71. Contracts purported to be made on behalf of a company before its incorporation will - Bind the company only after it obtains the Certificate of Commencement of Business 72. which of the following relationship do not raise the presumption of undue influence? –
a) doctor and patient b) debtor and creditor c) trustee and beneficiary d) landlord and tenant e) both (b) and (d)
b) Which of the following is a
quasi contract? – A consumed the goods delivered to him by mistake c) by d) Which of the following is a quasi contract? – A consumed the goods delivered to him by mistake e) by f) Which of the following is a quasi contract? – A consumed the goods delivered to him by mistake g) by h) Which of the following is a quasi contract? – A consumed the goods delivered to him by mistake i) by j) Which of the following is a quasi contract? – A consumed the goods delivered to him by mistake k) by l) Which of the following is a quasi contract? – A consumed the goods delivered to him by mistake m) by 73. Which of the following is a quasi contract? A consumed the goods delivered to him by mistake by B 74. X agreed to supply certain goods to Y. The goods were to be procured from Algeria. Due to riots and civil disturbances in that country, goods could not be procured. Can X be discharged on the ground of riots, etc.? – No 75. which of the following contracts is not void? - contract with a minor 76. A and B, two Indians were returning to India from London by a ship. A will throw him into the canal until B agrees to sell his scooter parked at Bombay for Rs. 1,000/- only. B agreed to sell the scooter. After reaching Bombay, B refuses to sell the scooter. Advice A. Is the contract valid? – No 77. Srinivas offered to sell his house to Aravind for Rs. 5,00,000/-. Aravind accepted the offer by post. On the next day, Aravind sent a telegram withdrawing the acceptance which reached Srinivas before the letter of acceptance sent by Aravind reaches Srinivas. Which of the following statement(s) is/are correct? There is no valid contract between Srinivas and Aravind withdrawal reached before the letter of acceptance 78. A company cannot be sued on a pre-incorporation contract because - Before incorporation a company is not liable for void contracts 79. Goods displayed by a shopkeeper in a showcase this is an example of - An invitation to offer 80. Display of goods by a shopkeeper with prices marked on them is: implied offer 81. An auctioneer advertised in a newspaper that a sale of office furniture would be held at Delhi. B, a broker of Bombay, reached Delhi on the appointed date and time. But the auctioneer withdrew all the furniture from the auction sale. The broker sues him for his loss of time and expenses. Will he succeed? – No 82. B selects certain furniture in a shop. The price is settled. He arranges to take delivery of furniture the next day through his servant and agrees to pay for the furniture on the first of next month. The furniture was destroyed by fire the same evening. Is B liable to pay the price? – Yes 83. A delivered his horse to B on trail for a week a condition that if found suitable he will buy the horse for Rs. 1,000/-. The horse died on the third day. Is B liable to pay the price? No 84. A offers to sell some goods to B thinking him to be X. B accepted the offer. Later on when A discovered that the acceptor is B and not X, he declines to sell the goods. Can he do so? – Yes 85. A company which controls the composition of the board of directors of another company is: A subsidiary company 86. Which of the following is not an exception to the Doctrine of Indoor Management? - No knowledge of irregularity 87. A, B and C, jointly borrow from D rs. 3000, D proceeds to recover his entire amount from C, will he succeed? – No (Plz crosscheck) 88. A and B jointly owe rupees 100 to C. A repays the entire loan to C, B not knowing the fact pays over again rupees 100 to C. Can B recover the amount from C? – YES 89. Prabhas hired the house of Sanjay to run a gambling house at a monthly rent of Rs. 5,000/-, on his failure to pay the rent Sanjay wants to sue Prabhas for recovery of rent. Which of the following statement(s) is/are correct? a) Sanjay can recover the rent amount from Prabhas b) Sanjay cannot recover the rent amount from Prabhas c) The contract between the Prabhas and Sanjay is void as the of the contract is unlawful d) Sanjay can recover the rent amount from Prabhas only if he now knows the object of the contract e) both (c) and (d)