Contract-Act-Part2-Contingent-Performance-Breach Judiciary
49 questions · Judiciary
-
Question 1 of 49
Under Section 34, if a contract is contingent on how a living person will act, when is that event deemed impossible?
ExplanationWhen that person does something rendering it impossible for him to so act within any definite time or otherwise than under further contingencies — Under Section 34, if a contract is contingent on how a living person will act, when is that event deemed impossible.
-
Question 2 of 49
Under Section 74, where a contract names a sum as the amount payable upon breach, or contains a penalty stipulation, is proof of actual loss required before compensation can be awarded?
ExplanationNo, the party is entitled to reasonable compensation not exceeding the amount named, whether or not actual loss is proved — Under Section 74, where a contract names a sum as the amount payable upon breach, or contains a penalty stipulation, is proof of actual loss required before compensation can be awarded.
-
Question 3 of 49
Under Section 55, what is the effect of a party's failure to perform at a fixed time where time is of the essence of the contract?
ExplanationThe contract becomes voidable at the option of the promisee — Under Section 55, what is the effect of a party's failure to perform at a fixed time where time is of the essence of the contract.
-
Question 4 of 49
Under Section 53, what happens when one party to a contract with reciprocal promises prevents the other from performing his promise?
ExplanationThe contract becomes voidable at the option of the party so prevented, who is entitled to compensation — Under Section 53, what happens when one party to a contract with reciprocal promises prevents the other from performing his promise.
-
Question 5 of 49
Under Section 51, in a contract of reciprocal promises to be simultaneously performed, must a promisor perform if the promisee is not ready and willing to perform his own reciprocal promise?
ExplanationNo — Under Section 51, in a contract of reciprocal promises to be simultaneously performed, must a promisor perform if the promisee is not ready and willing to perform his own reciprocal promise.
-
Question 6 of 49
Which section of the Contract Act governs contracts contingent on an event NOT happening?
ExplanationSection 33 — Which section of the Contract Act governs contracts contingent on an event NOT happening.
-
Question 7 of 49
Under Section 33, when can a contingent contract to do something if an event does NOT happen be enforced?
ExplanationWhen the happening of that event becomes impossible, and not before — Under Section 33, when can a contingent contract to do something if an event does NOT happen be enforced.
-
Question 8 of 49
Which two chapters of the original Contract Act, 1872 have been entirely repealed and now exist as separate standalone Acts?
ExplanationThis is a commonly-tested trap: sections 76-123 and 239-266 no longer contain operative law within the Contract Act itself.
-
Question 9 of 49
A delivers a machine to common carrier B for urgent delivery to A's mill, telling B the mill is stopped for want of it. B unreasonably delays delivery, causing A to lose a profitable government contract. Under Section 73's illustrations, for what is A entitled to compensation?
ExplanationA delivers a machine to common carrier B for urgent delivery to A's mill, telling B the mill is stopped for want of it. B unreasonably delays delivery, causing A to lose a profitable government contract. Under Section 73's illustrations, for what is A entitled to compensation: The average profit lost from the mill being idle during the delay, but not the loss of the separate government contract.
-
Question 10 of 49
Which section of the Contract Act governs the enforcement of contracts contingent on an event happening?
ExplanationSection 32 — Which section of the Contract Act governs the enforcement of contracts contingent on an event happening.
-
Question 11 of 49
Under Section 40, if it appears from the nature of a case that a promise was intended to be performed personally by the promisor, who must perform it?
ExplanationThe promisor himself — Under Section 40, if it appears from the nature of a case that a promise was intended to be performed personally by the promisor, who must perform it.
-
Question 12 of 49
Under Section 63, may a promisee dispense with or remit, wholly or in part, performance of the promise made to him?
ExplanationYes — Under Section 63, may a promisee dispense with or remit, wholly or in part, performance of the promise made to him.
-
Question 13 of 49
Which section of the Contract Act governs liability of a person to whom money is paid by mistake or under coercion?
ExplanationSection 72 — Which section of the Contract Act governs liability of a person to whom money is paid by mistake or under coercion.
-
Question 14 of 49
What happened to Chapter XI of the Contract Act, 1872, which originally dealt with Partnership?
ExplanationIt was repealed by the Partnership Act, 1932 — What happened to Chapter XI of the Contract Act, 1872, which originally dealt with Partnership.
-
Question 15 of 49
Under Section 36, what is the effect of a contingent agreement to do something if an impossible event happens?
ExplanationThe agreement is void, whether or not the impossibility is known to the parties at the time — Under Section 36, what is the effect of a contingent agreement to do something if an impossible event happens.
-
Question 16 of 49
Under Section 32, what happens to a contingent contract if the event on which it depends becomes impossible?
ExplanationThe contract becomes void — Under Section 32, what happens to a contingent contract if the event on which it depends becomes impossible.
-
Question 17 of 49
Under Section 68, if a person incapable of contracting (or someone he is legally bound to support) is supplied with necessaries suited to his condition in life, what is the supplier entitled to?
ExplanationReimbursement from the property of the incapable person — Under Section 68, if a person incapable of contracting (or someone he is legally bound to support) is supplied with necessaries suited to his condition in life, what is the supplier entitled to.
-
Question 18 of 49
Under Section 70, where a person lawfully does something for another (not intending to act gratuitously) and that other enjoys the benefit, what is the latter bound to do?
ExplanationMake compensation to the former, or restore the thing done or delivered — Under Section 70, where a person lawfully does something for another (not intending to act gratuitously) and that other enjoys the benefit, what is the latter bound to do.
-
Question 19 of 49
Under Section 71, what is a person who finds goods belonging to another and takes them into custody treated as, for responsibility purposes?
ExplanationA bailee — Under Section 71, what is a person who finds goods belonging to another and takes them into custody treated as, for responsibility purposes.
-
Question 20 of 49
Which section of the Contract Act deals with the effect of accepting performance of a promise from a third person?
ExplanationSection 41 — Which section of the Contract Act deals with the effect of accepting performance of a promise from a third person.
-
Question 21 of 49
Under Section 73, is compensation given for remote and indirect loss caused by a breach?
ExplanationThis reflects the classic remoteness-of-damage principle from Hadley v Baxendale.
-
Question 22 of 49
Under Section 67, if a promisee neglects or refuses to afford the promisor reasonable facilities for performance, what is the effect?
ExplanationThe promisor is excused for non-performance caused by such neglect or refusal — Under Section 67, if a promisee neglects or refuses to afford the promisor reasonable facilities for performance, what is the effect.
-
Question 23 of 49
A contracts to sell 500 bales of cotton to B on a fixed day, without knowing B's mode of business. A breaks the promise and B is forced to close his mill for lack of cotton. Under Section 73, is A responsible for the loss from B's mill closure?
ExplanationA contracts to sell 500 bales of cotton to B on a fixed day, without knowing B's mode of business. A breaks the promise and B is forced to close his mill for lack of cotton. Under Section 73, is A responsible for the loss from B's mill closure: No, A is not responsible, since this loss was not in A's knowledge or contemplation.
-
Question 24 of 49
Under Section 74's Exception, what is the effect regarding bail-bonds and similar instruments for performance of a public duty?
ExplanationThe person is liable, upon breach, to pay the whole sum mentioned in the instrument — Under Section 74's Exception, what is the effect regarding bail-bonds and similar instruments for performance of a public duty.
-
Question 25 of 49
What happened to Chapter VII of the Contract Act, 1872, which originally dealt with the Sale of Goods?
ExplanationIt was repealed by the Sale of Goods Act, 1930 — What happened to Chapter VII of the Contract Act, 1872, which originally dealt with the Sale of Goods.
-
Question 26 of 49
Under Section 39, when a party refuses to perform his promise in its entirety, what may the promisee do?
ExplanationPut an end to the contract, unless he has signified acquiescence in its continuance — Under Section 39, when a party refuses to perform his promise in its entirety, what may the promisee do.
-
Question 27 of 49
Under Section 31, how is a 'contingent contract' defined?
ExplanationA contract to do or not to do something if some event, collateral to such contract, does or does not happen — Under Section 31, how is a 'contingent contract' defined.
-
Question 28 of 49
Under Section 43, where two or more persons make a joint promise, may the promisee compel any one of them to perform the whole promise, absent a contrary agreement?
ExplanationYes — Under Section 43, where two or more persons make a joint promise, may the promisee compel any one of them to perform the whole promise, absent a contrary agreement.
-
Question 29 of 49
Which section of the Contract Act addresses novation, rescission, and alteration of a contract?
ExplanationSection 62 — Which section of the Contract Act addresses novation, rescission, and alteration of a contract.
-
Question 30 of 49
Under Section 75, is a person who rightfully rescinds a contract entitled to compensation for damage sustained through non-fulfilment?
ExplanationYes — Under Section 75, is a person who rightfully rescinds a contract entitled to compensation for damage sustained through non-fulfilment.
-
Question 31 of 49
Under Section 64, when a person rescinds a voidable contract, what must he do with any benefit he received under it from the other party?
ExplanationRestore such benefit, so far as may be, to the person from whom it was received — Under Section 64, when a person rescinds a voidable contract, what must he do with any benefit he received under it from the other party.
-
Question 32 of 49
Under Section 37, do promises generally bind the representatives of a deceased promisor before performance?
ExplanationYes, unless a contrary intention appears from the contract — Under Section 37, do promises generally bind the representatives of a deceased promisor before performance.
-
Question 33 of 49
Under Section 72, what must a person do who has received money or a thing by mistake or under coercion?
ExplanationRepay or return it — Under Section 72, what must a person do who has received money or a thing by mistake or under coercion.
-
Question 34 of 49
Under Section 38, if a promisor's offer of performance is not accepted by the promisee, is the promisor responsible for non-performance?
ExplanationNo, and he does not lose his rights under the contract — Under Section 38, if a promisor's offer of performance is not accepted by the promisee, is the promisor responsible for non-performance.
-
Question 35 of 49
Under Section 44, does releasing one joint promisor discharge the other joint promisors?
ExplanationNo — Under Section 44, does releasing one joint promisor discharge the other joint promisors.
-
Question 36 of 49
Under Section 35, what happens to a contract contingent on a specified event happening within a fixed time, if that time expires without the event occurring?
ExplanationThe contract becomes void — Under Section 35, what happens to a contract contingent on a specified event happening within a fixed time, if that time expires without the event occurring.
-
Question 37 of 49
Under Section 32, when can a contingent contract to do something on an uncertain future event happening be enforced?
ExplanationUnless and until that event has happened — Under Section 32, when can a contingent contract to do something on an uncertain future event happening be enforced.
-
Question 38 of 49
Under Section 65, when an agreement is discovered to be void, what must a person who received an advantage under it do?
ExplanationRestore it, or make compensation for it, to the person from whom it was received — Under Section 65, when an agreement is discovered to be void, what must a person who received an advantage under it do.
-
Question 39 of 49
Which section of the Contract Act deals with the responsibility of a finder of goods?
ExplanationSection 71 — Which section of the Contract Act deals with the responsibility of a finder of goods.
-
Question 40 of 49
Under Section 46, where no time for performance is specified and no application by the promisee is required, within what period must the promise be performed?
ExplanationA reasonable time — Under Section 46, where no time for performance is specified and no application by the promisee is required, within what period must the promise be performed.
-
Question 41 of 49
Under Section 73, what compensation is a party entitled to upon breach of contract?
ExplanationCompensation for loss or damage which naturally arose in the usual course of things, or which the parties knew was likely to result from the breach — Under Section 73, what compensation is a party entitled to upon breach of contract.
-
Question 42 of 49
Under Section 41, once a promisee accepts performance of a promise from a third person, can he afterwards enforce it against the original promisor?
ExplanationNo — Under Section 41, once a promisee accepts performance of a promise from a third person, can he afterwards enforce it against the original promisor.
-
Question 43 of 49
Which section of the Contract Act deals with a party's right to compensation upon rightfully rescinding a contract?
ExplanationSection 75 — Which section of the Contract Act deals with a party's right to compensation upon rightfully rescinding a contract.
-
Question 44 of 49
Under Section 62, if parties to a contract agree to substitute a new contract for it, or to rescind or alter it, must the original contract still be performed?
ExplanationNo, the original contract need not be performed — Under Section 62, if parties to a contract agree to substitute a new contract for it, or to rescind or alter it, must the original contract still be performed.
-
Question 45 of 49
A builder contracts to erect a house by a fixed date so B can let it to C, and A is informed of the B-C contract. A builds so badly the house collapses, causing B to lose C's rent and pay C compensation. Under Section 73's illustrations, what must A pay B?
ExplanationA builder contracts to erect a house by a fixed date so B can let it to C, and A is informed of the B-C contract. A builds so badly the house collapses, causing B to lose C's rent and pay C compensation. Under Section 73's illustrations, what must A pay B: The cost of rebuilding, the rent lost, and the compensation B paid to C.
-
Question 46 of 49
Which section of the Contract Act governs compensation where a penalty is stipulated for breach?
ExplanationSection 74 — Which section of the Contract Act governs compensation where a penalty is stipulated for breach.
-
Question 47 of 49
Which section of the Contract Act deals with agreements contingent on impossible events?
ExplanationSection 36 — Which section of the Contract Act deals with agreements contingent on impossible events.
-
Question 48 of 49
Under Section 56, what is the effect of an agreement to do an act impossible in itself?
ExplanationThis section also covers the doctrine of frustration, for contracts that become impossible after formation.
-
Question 49 of 49
Under Section 69, is a person who is interested in a payment that another is legally bound to make, and who therefore pays it, entitled to reimbursement?
ExplanationYes, entitled to be reimbursed by the other — Under Section 69, is a person who is interested in a payment that another is legally bound to make, and who therefore pays it, entitled to reimbursement.
0 / 49 answered
You can practise as a guest, but sign in to save your score and track your progress.