Professional Documents
Culture Documents
(d) contract
3. Promises which form the consideration or part of the consideration for each other are called
9. When, at the desire of the promisor, the promisee or any other person has done or abstained from
doing or, does or abstain from doing or promises to do or to abstain from doing something, such act or
10. Promises which form the consideration or part thereof, for each other under section 2(F) are called
11. Every promise or set of promises forming the consideration for each other under section 2(e) is
called
(b) contract
(c) agreement
called
(a) at any time before the communication of acceptance is complete as against the promisee
(a) valid
(b) voidable
(c) void
(d) unenforceable
(c) unlawful detaining or threatening to detain any property with an intention to causing any person to
enter into
an agreement
Q.13:- The Indian Contract Act,1872 which was enacted on 25 April, 1872 came into force
with effect from:
Q.16:- Where a minor has entered into a contract for purchase of necessary items. In such
cases:
Correct Option: A
a. Adequate
b. Must be adequate
c. Need not be adequate
d. Substantially adequate
Which one of the following is not a method by which a contract can be discharged?
a) Discharge by misrepresentation
b) Discharge by performance
c) Discharge by breach
d) Discharge by agreement
Question 2
Regarding the time of performance, which one of the following statements is untrue?
a) Where time is of the essence of a contract, a slight delay will not allow the non-breaching
party to terminate the contract.
b) Where a contract does not provide that performance must be completed by a certain date,
the parties to the contract must perform their obligations within a reasonable time.
c) Where the time of performance is not 'of the essence of the contract,' then a party to the
contract can give notice that it has become of the essence of the contract.
d) Time will be of the essence where the subject matter of the contract indicates that time
shall be of the essence.
Question 3
Regarding the tendering of performance, which one of the following statements is untrue?
a) If a debtor attempts to tender payment, but the other party refuses, then the debtor is
discharged from the obligation to pay.
b) A tender of payment is only valid if made in legal currency.
c) A refusal to accept the tender of performance (where performance amounts to an act other
than the payment of money) will constitute a breach of contract
d) The tender of payment is invalid if the other party is required to provide change.
Question 4
a) If both parties wish to discharge a contract, they must create a written agreement stating
that the contract has been discharged.
b) Generally, both parties will need to provide consideration for the other's agreement to
discharge.
c) Under the common law, a contract made by deed can only be discharged via a deed.
d) A partial discharge of a contract that must be made in writing will usually only be valid if
the agreement to discharge is made in writing.
Question 5
What is 'renunciation?'
a) Renunciation occurs where one party demonstrates an intention not to perform his
contractual obligations.
b) Renunciation occurs where one party, through his own act or default, incapacitates
himself from performing his contractual obligations.
c) Renunciation occurs where a party fails to perform adequately his contractual obligations.
d) Renunciation occurs where both parties decide to abandon the contract.
Question 6
Regarding breach of contract that arises through defective performance, which one of the
following statements is true?
a) Where statute or case law does not classify the status of a term, the court will attempt to
determine the status of the term by reference to the parties' intentions.
b) If one party fails to adequately perform his obligations, then the other party can always
terminate the contract.
c) The court will always uphold the parties' classification of a term.
d) Breach of a warranty will allow the non-breaching party to terminate the contract and
claim damages.
Question 7
What is an innominate term?
Question 8
If a non-breaching party validly terminates the contract, a number of consequences may follow.
Which one of the following is not a valid consequence of termination?
Question 9
If the non-breaching party decides to affirm the breach, a number of consequences may follow.
Which one of the following is not a valid consequence?
a) If the non-breaching party affirms the breach, the contract remains in force, but any
further breaches will entitle the non-breaching party to immediately terminate the contract.
b) If the non-breaching party obtains an order for specific performance, this will amount to
conditional affirmation only.
c) The contract will remain in force and will continue to bind both parties.
d) If the non-breaching party unequivocally affirms the breach, the right to terminate is lost
and he cannot subsequently change his mind and terminate the contract.
Question 10
What is frustration?
a) Frustration occurs where a party fails to perform his contractual obligations due to an
event that is beyond the control of either party.
b) Frustration occurs where one party breaches his contractual obligations due to
interference from the other party.
c) Frustration occurs where one party cannot perform his contractual obligations due to his
own negligent act.
d) Frustration occurs where contractual performance becomes more difficult.
reset
+A
-A
Find out more, read a sample chapter, or order an inspection copy if you are a lecturer, from the
Higher Education website