Contract-Act-Part1-Formation-Void-Agreements Judiciary
54 questions · Judiciary
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Question 1 of 54
Under Section 19, when consent to an agreement is caused by coercion, fraud, or misrepresentation, what is the resulting agreement?
ExplanationA contract voidable at the option of the party whose consent was so caused — Under Section 19, when consent to an agreement is caused by coercion, fraud, or misrepresentation, what is the resulting agreement.
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Question 2 of 54
Under Section 16(3), where a dominant party enters into a transaction that appears unconscionable, upon whom does the burden of proving no undue influence lie?
ExplanationThe person in a position to dominate the will of the other — Under Section 16(3), where a dominant party enters into a transaction that appears unconscionable, upon whom does the burden of proving no undue influence lie.
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Question 3 of 54
Under Section 19-A, when consent is caused by undue influence, what is the resulting agreement?
ExplanationA contract voidable at the option of the party whose consent was so caused — Under Section 19-A, when consent is caused by undue influence, what is the resulting agreement.
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Question 4 of 54
A promises to obtain public employment for B, and B promises to pay A Rs.1,000 for it. Under Section 23, what is this agreement?
ExplanationA promises to obtain public employment for B, and B promises to pay A Rs.1,000 for it. Under Section 23, what is this agreement: Void, as the consideration is unlawful.
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Question 5 of 54
Under Section 12, may a person usually of unsound mind, but occasionally of sound mind, make a contract during a lucid interval?
ExplanationYes — Under Section 12, may a person usually of unsound mind, but occasionally of sound mind, make a contract during a lucid interval.
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Question 6 of 54
Under Section 11, who is competent to contract?
ExplanationA person who has attained the age of majority, is of sound mind, and is not disqualified from contracting by any law — Under Section 11, who is competent to contract.
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Question 7 of 54
Under Section 13, when are two or more persons said to 'consent'?
ExplanationWhen they agree upon the same thing in the same sense — Under Section 13, when are two or more persons said to 'consent'.
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Question 8 of 54
Under Section 30, what is the general rule on agreements by way of wager?
ExplanationAn exception exists for certain horse-racing prize subscriptions of Rs.500 or more.
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Question 9 of 54
Under Section 2(h), what is an agreement enforceable by law?
ExplanationA contract — Under Section 2(h), what is an agreement enforceable by law.
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Question 10 of 54
Under Section 4, when is the communication of an acceptance complete as against the proposer?
ExplanationWhen it is put in a course of transmission to him, so as to be out of the power of the acceptor — Under Section 4, when is the communication of an acceptance complete as against the proposer.
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Question 11 of 54
Under Section 2(d), what is called the 'consideration' for a promise?
ExplanationAn act, abstinence, or promise done or given at the desire of the promisor by the promisee or any other person — Under Section 2(d), what is called the 'consideration' for a promise.
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Question 12 of 54
Under Section 15, how is 'coercion' defined?
ExplanationCommitting or threatening to commit any act forbidden by the Pakistan Penal Code, or unlawfully detaining or threatening to detain property, to cause a person to enter into an agreement — Under Section 15, how is 'coercion' defined.
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Question 13 of 54
Under Section 14, consent is 'free' when it is not caused by which of the following?
ExplanationCoercion, undue influence, fraud, misrepresentation, or mistake — Under Section 14, consent is 'free' when it is not caused by which of the following.
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Question 14 of 54
Under Section 9, when is a promise said to be 'implied'?
ExplanationWhen the proposal or acceptance is made otherwise than in words — Under Section 9, when is a promise said to be 'implied'.
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Question 15 of 54
Under Section 17, does 'fraud' require the active concealment of a fact by someone with knowledge of it?
ExplanationYes, this is one of the specific acts included in the definition of fraud — Under Section 17, does 'fraud' require the active concealment of a fact by someone with knowledge of it.
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Question 16 of 54
On what date did the Contract Act, 1872 come into force?
ExplanationThe Act itself was passed/assented to on 25th April 1872 but came into force later.
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Question 17 of 54
Under Section 21, is a contract voidable because it was caused by a mistake as to law in force in Pakistan?
ExplanationA mistake as to a foreign law not in force in Pakistan, however, is treated the same as a mistake of fact.
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Question 18 of 54
Under Section 10, what are the essential elements for an agreement to be a contract?
ExplanationFree consent of parties competent to contract, lawful consideration, lawful object, and not expressly declared void — Under Section 10, what are the essential elements for an agreement to be a contract.
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Question 19 of 54
Under Section 9, when is a promise said to be 'express'?
ExplanationWhen the proposal or acceptance is made in words — Under Section 9, when is a promise said to be 'express'.
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Question 20 of 54
Under Section 2(c), what is the person making a proposal called?
ExplanationThe promisor — Under Section 2(c), what is the person making a proposal called.
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Question 21 of 54
Under Section 18, what does 'misrepresentation' include?
ExplanationUnlike fraud, misrepresentation does not require an intent to deceive.
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Question 22 of 54
Under Section 22, is a contract voidable merely because it was caused by a mistake as to fact on the part of only one of the parties?
ExplanationNo — Under Section 22, is a contract voidable merely because it was caused by a mistake as to fact on the part of only one of the parties.
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Question 23 of 54
Under Section 27, what is the general rule on agreements in restraint of trade?
ExplanationSection 27's exception permits a seller of business goodwill to agree not to compete within reasonable local limits.
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Question 24 of 54
Under Section 7, what must an acceptance be, in order to convert a proposal into a promise?
ExplanationThis is the classic 'mirror image' rule of acceptance.
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Question 25 of 54
A, B and C agree to divide among themselves gains acquired by fraud. What is the legal effect of this agreement under Section 23?
ExplanationA, B and C agree to divide among themselves gains acquired by fraud. What is the legal effect of this agreement under Section 23: Void, as its object is unlawful.
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Question 26 of 54
Under Section 2(c), what is the person accepting a proposal called?
ExplanationThe promisee — Under Section 2(c), what is the person accepting a proposal called.
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Question 27 of 54
Under Section 2(e), what is 'every promise and every set of promises forming the consideration for each other' called?
ExplanationAn agreement — Under Section 2(e), what is 'every promise and every set of promises forming the consideration for each other' called.
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Question 28 of 54
Under Section 24, what is the effect if any part of a single consideration for one or more objects is unlawful?
ExplanationThe whole agreement is void — Under Section 24, what is the effect if any part of a single consideration for one or more objects is unlawful.
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Question 29 of 54
Under Section 20's Explanation, is an erroneous opinion as to the value of the subject-matter treated as a mistake of fact?
ExplanationNo — Under Section 20's Explanation, is an erroneous opinion as to the value of the subject-matter treated as a mistake of fact.
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Question 30 of 54
Under Section 5, until what point may a proposal generally be revoked?
ExplanationAt any time before the communication of its acceptance is complete as against the proposer — Under Section 5, until what point may a proposal generally be revoked.
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Question 31 of 54
Under Section 25, Explanation 2, may inadequacy of consideration alone render a freely-consented agreement void?
ExplanationNo, though the court may take inadequacy into account when assessing whether consent was actually free — Under Section 25, Explanation 2, may inadequacy of consideration alone render a freely-consented agreement void.
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Question 32 of 54
Under Section 2(b), what does a proposal become once accepted?
ExplanationA promise — Under Section 2(b), what does a proposal become once accepted.
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Question 33 of 54
Under Section 8, what may amount to acceptance of a proposal?
ExplanationPerformance of the conditions of the proposal, or acceptance of consideration offered with it — Under Section 8, what may amount to acceptance of a proposal.
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Question 34 of 54
Which section of the Contract Act defines what a 'sound mind' means for the purposes of contracting?
ExplanationSection 12 — Which section of the Contract Act defines what a 'sound mind' means for the purposes of contracting.
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Question 35 of 54
Under Section 4, when is the communication of a proposal complete?
ExplanationWhen it comes to the knowledge of the person to whom it is made — Under Section 4, when is the communication of a proposal complete.
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Question 36 of 54
Under Section 16, 'undue influence' arises where the relations between parties are such that one is in a position to dominate the will of the other and does what?
ExplanationUses that position to obtain an unfair advantage over the other — Under Section 16, 'undue influence' arises where the relations between parties are such that one is in a position to dominate the will of the other and does what.
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Question 37 of 54
Under Section 2(j), when does a contract which ceases to be enforceable by law become void?
ExplanationWhen it ceases to be enforceable — Under Section 2(j), when does a contract which ceases to be enforceable by law become void.
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Question 38 of 54
Under Section 25, is an agreement made without consideration generally void?
ExplanationYes, unless it falls within specific exceptions (e.g. natural love and affection reduced to writing and registered, compensation for a past voluntary act, or a written promise to pay a time-barred debt) — Under Section 25, is an agreement made without consideration generally void.
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Question 39 of 54
Under Section 6, by what means may a proposal be revoked?
ExplanationBy notice of revocation, by lapse of prescribed or reasonable time, by failure to fulfil a condition precedent, or by the death/insanity of the proposer known to the acceptor before acceptance — Under Section 6, by what means may a proposal be revoked.
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Question 40 of 54
Under Section 17's Explanation, is mere silence as to facts likely to affect a person's willingness to contract generally treated as fraud?
ExplanationNo, not unless there is a duty to speak or the silence is equivalent to speech — Under Section 17's Explanation, is mere silence as to facts likely to affect a person's willingness to contract generally treated as fraud.
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Question 41 of 54
Under Section 29, what is the effect of an agreement whose meaning is not certain and not capable of being made certain?
ExplanationVoid for uncertainty — Under Section 29, what is the effect of an agreement whose meaning is not certain and not capable of being made certain.
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Question 42 of 54
Which section of the Contract Act deals with agreements void for uncertainty?
ExplanationSection 29 — Which section of the Contract Act deals with agreements void for uncertainty.
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Question 43 of 54
Under Section 20, what is the effect where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement?
ExplanationThe agreement is void — Under Section 20, what is the effect where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement.
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Question 44 of 54
Under Section 2(a), when is a person said to make a 'proposal'?
ExplanationWhen he signifies to another his willingness to do or abstain from doing anything, with a view to obtaining that other's assent — Under Section 2(a), when is a person said to make a 'proposal'.
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Question 45 of 54
A promises B to drop a robbery prosecution he has instituted, and B promises to restore the value of goods taken. Under Section 23, what is this agreement?
ExplanationA promises B to drop a robbery prosecution he has instituted, and B promises to restore the value of goods taken. Under Section 23, what is this agreement: Void, as its object is unlawful.
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Question 46 of 54
Which section of the Contract Act deals with agreements by way of wager?
ExplanationSection 30 — Which section of the Contract Act deals with agreements by way of wager.
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Question 47 of 54
Under Section 26, what is the effect of an agreement in restraint of the marriage of any person (other than a minor)?
ExplanationVoid — Under Section 26, what is the effect of an agreement in restraint of the marriage of any person (other than a minor).
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Question 48 of 54
Under Section 2(i), what is an agreement enforceable by law at the option of one or more parties, but not at the option of the other(s)?
ExplanationA voidable contract — Under Section 2(i), what is an agreement enforceable by law at the option of one or more parties, but not at the option of the other(s).
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Question 49 of 54
Under Section 28, what is the general rule on agreements that absolutely restrict a party from enforcing rights through ordinary legal proceedings?
ExplanationAn exception preserves the validity of arbitration agreements.
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Question 50 of 54
Under Section 19's Exception, is a contract voidable for misrepresentation or fraudulent silence if the party had the means to discover the truth with ordinary diligence?
ExplanationNo, it is not voidable in that circumstance — Under Section 19's Exception, is a contract voidable for misrepresentation or fraudulent silence if the party had the means to discover the truth with ordinary diligence.
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Question 51 of 54
Under Section 2(f), what are promises called which form the consideration or part of the consideration for each other?
ExplanationReciprocal promises — Under Section 2(f), what are promises called which form the consideration or part of the consideration for each other.
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Question 52 of 54
Under Section 23, which of the following makes the consideration or object of an agreement unlawful?
ExplanationIt is forbidden by law, defeats the provisions of any law, is fraudulent, involves injury to person/property, or is immoral/opposed to public policy — Under Section 23, which of the following makes the consideration or object of an agreement unlawful.
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Question 53 of 54
Under Section 2(g), what is an agreement not enforceable by law said to be?
ExplanationVoid — Under Section 2(g), what is an agreement not enforceable by law said to be.
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Question 54 of 54
Under Section 4, when is the communication of an acceptance complete as against the acceptor?
ExplanationWhen it comes to the knowledge of the proposer — Under Section 4, when is the communication of an acceptance complete as against the acceptor.
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