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1. All parties in an insurance contract should follow the principle set out in the legal maxim “Ubberrima fides”, what
does this maxim imply?
A. A promise must be made for consideration. B. A promise must be mutually beneficial to both parties.
C. A promise should not be executed in ignorance. D. A promise should be made in good faith.
2. Which Sections of the Indian Contract Act specifically deal with the concept of “Quasi-contracts”?
A. Sections 59-62 B. Sections 64-71
C. Sections 68 -72 D. Sections 74-83
3. Which Chapter of the Indian Contract Act provides for the remedy to a non-defaulting party to contract by way of
compensation from the defaulting party?
A. Chapter II B. Chapter IV
C. Chapter VI D. Chapter VII
4. In the case a minor has enriched himself unjustly, in accordance with contract law, equity therein demands that the
goods or property so enriched by the minor should be restored by the minor. Which doctrine enshrines this principle?
A. Doctrine of Restoration B. Doctrine of Restitution
C. Doctrine of Minor Restitution D. Doctrine of Frustration
5. Which of the following defences may be availed in the case a signing party wishes to opt-out of performance of the
agreement that is different from what the signing party intended to execute or sign?
A. Defence of “Non-est factum” B. Defence of “Implied Execution”
C. Defence of “Implied Term” D. Defence of “Non-est ad idem”
6. Which section of the Indian Contract Act provides for “consequential damages” in case of a breach of contract?
A. Section 71 B. Section 72
C. Section 73 D. Section 74
7. According to Section 39 of the Indian Contract Act, if one party refuses to perform the entirety of their promise, the
other party may end the contract unless that other party has signified its consent for the continuance of the contract.
If the other party ends the contract, it amounts to a breach of contract by the party not performing. What is this
known as?
A. Revocation of contract B. Repudiation of contract
C. Renunciation of contract D. Breach of contract
8. Which of the following landmark cases deals with the concept of “fundamental breach of contract’?
B. Maharashtra State Electricity Distribution Company
A. Oil Natural Gas Company v. State of Maharashtra
Ltd. v. Datar Switchgear Ltd
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C. Gurudas and Ors. v. Rasaranjan D. Johanlal Prasad v. Hamsinidevanada Rao

9. Which of the following terms refers to the process of substituting an existing contract for a new one?
A. Novation B. Alteration
C. Amendment D. Replacement
10. Which of the following Doctrines under contract law deal with the practice of setting down default rules for a
contract?
A. Doctrine of Explicit Term B. Doctrine of Implied Term
C. Doctrine of Default Term D. Doctrine of Essential Term
11. In which of the landmark cases was the concept of a contract with a minor is “void ab initio”?

A. Olga Tellis vs. Bombay Municipal Corporation B. RC Cooper vs. Union of India
C. Mohiri Bibi vs. Dharmodas Ghosh D. MC Mehta vs. Union of India
12. In which of the landmark cases had the Supreme Court of India ruled that “the Second marriage of Hindu man is
invalid even if he converts to Islam before marriage?”

A. Sarla Mudgal vs. Union of India B. Daniel Latifi vs. Union of India
C. Hussaiara Khatoon vs. Union of India D. Roopa Hurrah vs. Ashok Hurrah
13. In which of the following cases was it held that the Parliament has the right to amend the Fundamental rights as
provided in the constitution?

A. Keshavananda Bharti vs. The State of Kerala B. SR Bommai vs. Union of India
C. Minerva Mills vs. Union of India D. Shankari Prasad vs. Union of India
14. Which of the following is not a feature of the Constitution of India?

A. Single Citizenship B. Dual-Citizenship

C. Equality D. Secularism
15. In which landmark case was it held that Preamble is not a part of the Constitution?

A. Indira Gandhi vs. Raj Narain B. In Re, Berubari

C. Sneha Dalal vs. Union of India D. Nilabati Behra vs. Union of India
16. From which country was the concept of “Judicial Review” borrowed from?

A. South Africa B. England

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C. The United States of America D. Australia

17. In which of the following scenarios, the President cannot declare an Emergency under Articles 352, 356, or 360?

A. War with Pakistan B. Armed rebellion in Delhi

C. The collapse of Government in Assam D. Naxal attack in Jharkhand
18. Which of the following Articles of the Constitution of India provides for the President of India?

A. Article 62 B. Article 72
C. Article 108 D. Article 52
19. Which of the following key elements is not part of the Preamble to the Constitution of India?

A. Secular B. Sovereign
C. Democratic D. Federal
20. Which Article of the Constitution of India provides for the impeachment of the President of India?
A. Article 52 B. Article 61
C. Article 65 D. Article 54
21. Which of the following cases laid down the foundation of modern tort law on negligence?
A. Donoghue vs. Stevenson B. Rylands vs. Fletcher
C. Lister vs. Hall D. Carlile vs. Carbolic Smokeball Company
22. If you commit an act that interferes with my enjoyment of a property that I have possession over, and such an act is
unreasonable, you are committing a tort of?
A. Negligence B. Trespass
C. Nuisance D. Slander
23. I dislike you and thus, I institute a case against you for which you’re prosecuted and acquitted because of lack of
truth in the complaint, it would result in a?
A. Criminal prosecution B. Malicious prosecution
C. Civil prosecution D. Defamation prosecution
24. Who was the pigeon-hole theory of torts propounded by?
A. Salmond B. Jeremy Bentham
C. John Locke D. Winfield
25. Which of the following need not be proved for the tort of negligence?
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A. Breach of duty owed to the plaintiff B. Damage caused

C. Breach of duty owed someone D. Duty-situation arises
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Solutions
1. D
Sol. Parties must deal in “utmost good faith” which is the meaning of the Latin maxim Ubberrima
fides, and ensure all material facts in the proposal are declared.
2. C
Sol. The Indian Contract Act, 1872 through Sections 68-72 detail the five circumstances under
which Quasi-contracts comes into existence. There is no real contract that arises between the
parties; the law only imposes contractual liability that arises with specific regards to the
peculiar circumstances.
3. C
Sol. The Indian Contract Act 1872 provides for the remedy of compensation to a non-defaulting
party when there is a breach of contract under Chapter VI.
4. B
Sol. The Doctrine of Restitution states that if a minor has received goods or property with regard to
a contract since any contract entered into by a minor is void ab ignition, the goods or property
must be restored by the minor as if the contract had never taken place. Equity demands that
such property or goods be restored by the minor.
5. A
Sol. The Defence of “Non-est factum” allows the signing party to escape performance of the
agreement which is fundamentally different from what he or she has intended to execute or
sign.
6. C
Sol. The Indian Contract Act in Section 73 provides that on the case of breach of contract, the
party who suffers by such breach is entitled to receive, from the party who has breached the
contract, compensation for any loss or damage caused to him.
7. B
Sol. According to Section 39, repudiation of a contract takes place when either party refuses to
perform their part or makes it impossible for it to be performed.
8. B
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Sol. In the case of Maharashtra State Electricity Distribution Company Ltd. v. Datar Switchgear
Ltd., the Supreme Court stated that an innocent party can claim damages for the entire
contract when the contract is terminated on account of a fundamental breach.
9. A
Sol. Novation of a contract refers to replacing an existing obligation; adding a new obligation, or
replacing a part to agreement- a party substitutes an existing contract or terms for new ones.
10. B
Sol. The Doctrine of Implied terms refers to the setting down a certain set of default rules to be
used for a certain type of contract.
11. C
Sol. The Privy Council in this case had that, “the minors contract is void and not merely voidable on
the basis of sections 10, 11, 183, 184 and old sections 246 and 247(now section 30 of the
Partnership Act). A minor’s contract is, therefore, ab initio and wholly void. In the view of the
Privy Council, this was also in accordance with the Hindu Notion of a minor’s incompetence to
contract”.

12. A
Sol. This case is related to the offense of bigamy. The court held that “the second marriage of
Hindu man after being converted to Islam, will be invalid if the first marriage has not been
dissolved.” The conflict between the personal laws of various religions was discussed in this
case. The need for a Uniform Civil Code was also touched upon.

13. D
Sol. Well before the Keshavananda Bharti judgment in 1973, an 11-bench judge of the Supreme
Court in the case of Shankari Prasad vs. Union of India had decided that the fundamental
rights enshrined in the Constitution can be amended via Article 368 of the Indian Constitution.

14. B
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Sol. The constitution of India does not provide for Dual Citizenship. Indian Citizens can only hold a
single nationality if they chose to be Indian Citizens.

15. B
Sol. Before being overruled by a 13-judge bench of Keshavananda Bharti vs. Union of India, In Re Berubari case, it was
held that Preamble is not a part of the Constitution.

16. C
Sol. The first recorded case of judicial review was “Marbury vs. Madison” in the USA. The concept
of Judicial review was borrowed from there. “Judicial Review is the power of Courts to
pronounce upon the constitutionality of legislative and executive acts of the government which
fall within their normal jurisdiction.”

17. D
Sol. In option A, the President can declare an external emergency, in option B he can declare an
internal emergency, and in option C he can declare Constitutional Emergency. Whereas,
option D doesn’t warrant the declaration of any emergency according to Articles 352, 356, or
360.

18. D
Sol. Article 52 of the Constitution of India provides as follows: There shall be a President of India.

19. D
Sol. The key elements of the Preamble are: Secular, sovereign, democratic, socialist, and republic.
Federal is not a part of the preamble.

20. B
Sol. Article 61 of the Constitution of India lays down the procedure for the impeachment of the
President of India.
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“Article 61 - (1) When a President is to be impeached for violation of the Constitution, the
charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is
contained in a resolution which has been moved after at least fourteen days' notice in writing
signed by not less than one-fourth of the total number of members of the House has been
given of their intention to move the resolution, and (b) such resolution has been passed by a
majority of not less than two-thirds of the total membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall
investigate the charge or cause the charge to be investigated and the President shall have the
right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-
thirds of the total membership of the House by which the charge was investigated or caused to
be investigated, declaring that the charge preferred against the President has been sustained,
such resolution shall have the effect of removing the President from his office as from the date
on which the resolution is so passed.”
21. A
Sol. Donoghue v Stevenson [1932] was a landmark court decision in English tort law by the House
of Lords. “It laid the foundation of the modern law of negligence, establishing general
principles of the duty of care.”

22. C
Sol. The scenario described in the question is that of a nuisance as the necessary elements have
been satisfied.
1) A plaintiff has a possessory interest in the land;
2) A defendant performed an act that interfered with the plaintiff’s use and enjoyment of his
property; and
3) That the defendant’s interference with the plaintiff’s use or enjoyment of land was
substantial and unreasonable.
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23. B
Sol. Malicious prosecution is the malicious institution of unsuccessful criminal or other proceedings
against another without reasonable or probable cause.

24. A
Sol. Salmond propounded the Pigeon-hole theory. According to Salmond “if one person commits
any wrong and that wrong can be placed in a pigeon hole or he opined that there is no general
principle and if the plaintiff can by any mean put that wrong in the pigeon-hole which has all
the labeled torts, then the plaintiff could succeed.”

25. C
Sol. The tort of negligence comes to light when the defendant owes a duty to the plaintiff, which is
breached. As a result of such breach, damages are incurred by the plaintiff. There is no
question about the duty owed to someone else.