MCQExams
0:0:1
CBSE
JEE
NTSE
NEET
Practice
Homework
×
CBSE Questions for Class 12 Commerce Legal Studies Topics Of Law Quiz 14 - MCQExams.com
CBSE
Class 12 Commerce Legal Studies
Topics Of Law
Quiz 14
PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.
FACTS: 'A' was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one 'M' company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to 'A'. 'A' claims damages for the injuries caused to him.
DECIDE.
Report Question
0%
M company will be liable to pay damages because the injury was caused during the race organized by it.
0%
M company will not be liable to pay damages because A had come to see the race on his own will.
0%
M company will not be liable to pay damages because the collision between the cars was beyond its control.
0%
M company will be liable to pay damages because it has earned huge revenue by way of sale of tickets for the event.
Explanation
The above case based on latin phrase, a common law doctrine which denotes that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort. 'Volenti' is also known as "voluntary assumption of risk."
Hence, M company will not be liable since A consented.
A person cannot recover from another an amount paid under ____________.
Report Question
0%
mistake of law
0%
mistake of fact
0%
coercion
0%
None of these
PRINCIPLE: Res ipsa loquitur i.e. the thing speaks for itself.
FACTS: Seema got herself operated for the removal of her uterus in the defendant's hospital, as she was diagnosed having a cyst in one of the ovaries. Due to negligence of the surgeon, who performed the operation, abdominal pack was left in her abdomen.The same was removed by a second surgery.
DECIDE.
Report Question
0%
Surgeon cannot be held responsible because it is merely human error
0%
Surgeon can be held responsible but Seema will have to prove it the Court of Law that the surgeon was grossly negligent
0%
Surgeon will be responsible and Seema need not to prove surgeon's negligence because presence of abdominal pack in her abdomen is sufficient proof thereof
0%
None of the above
Explanation
Res ispa loquitur is a latin doctrine in common law of torts which infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. In this doctrine, the elements of duty of care, breach, and causation are inferred from an injury that does not ordinarily occur without negligence. Hence, in the above situation, Seema need not prove surgeon's negligence. The presence of abdominal pack in her abdomen speaks for itself as sufficient proof for negligence.
LEGAL PRINCIPLE: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.
FACTS: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount.
If A sues the Bank, for damages, then the Bank is _______.
Report Question
0%
Liable to pay because it was the employer of B
0%
Liable to pay because the employee did it during business hours and while working as an employee
0%
Not liable because he turned out to be the friend of the plantiff's husband
0%
Not liable because while committing the fraud, he was not acting as the agent or employee of the Bank
Explanation
Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently. It can also be called as imputed negligence. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. Hence, Bank will not be liable as B was not acting as the agent/employee of the bank while committing fraud.
LEGAL PRINCIPLE: An employee is responsible for any accident or less caused to his employees, during the course of employment.
FACTS: Ajay runs the 'Indian Circus'. The circus has an interesting night show. Two motor cyclists, Ramesh and Suresh, rotate their motorcycle inside a big iron globe in complete darkness. And the audience, especially, the children give a big clap. One day it so happens that during one night show an accident occurs inside the globe. Ramesh and Suresh collide with each other and Ramesh loses both his legs. His parents claim compensation from Ajay, the proprietor of the circus.
DECIDE.
Report Question
0%
Ajay is not liable to pay any compensation because he cannot be held responsible for the accident.
0%
Ajay is liable to pay compensation because he is the employer and the accident occurred during the course of employment.
0%
Ajay is not liable to pay compensation but he can pay some amount to Ramesh if he has sympathy for him.
0%
None of the above
PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation of a right.
FACTS: A, an Indian citizen, having a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. Name of A was mentioned in the voter's list. A has also reported at the polling booth in time. However, the candidate in whose favour A would have cast his vote won the election. A filed a suit claiming damages.
Report Question
0%
A will be entitled to damages
0%
A will be entitled to only nominal damages
0%
A will be entitled to exemplary damages
0%
None of these
Explanation
Injuria sine damnum means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc. Therefore, plaintiff will compensated if his legal rights are violated even though there is no actual damage/loss is suffered.This maxim has been explained in the above mentioned case as Ms A's right was violated.
A was suspected of having committed the murder of B, C a policeman who was investigating into B's murder, saw A in a market. He went up to him, caught hold of his hand and prevailed him from going anywhere.
Report Question
0%
C is liable for having falsely imprisoned A, since to arrest a person, a policeman requires permission from a Magistrate
0%
C is not liable for having falsely imprisoned A, since for the offence of murder, a policeman need not take the permission of a Magistrate to arrest
0%
C is not liable for having falsely imprisoned A since the restraint was not total
0%
C is not liable for having falsely imprisoned A, since he did not take him to a prison
Explanation
A police officer under Section 48 of Criminal Procedure Code has the right to arrest a person without a warrant whom he is authorized to arrest.
C is a police officer and is authorized to arrest A who is a suspect in the murder of B.
Therefore, he is not liable of falsely imprisoning A even though he had no warrant or prior permission of the Magistrate.
LEGAL PRINCIPLE: Agreements, the meaning of which is not certain, or capable of being made certain, are void.
FACT: A horse was bought for a certain price coupled with a promise to give RS. 500 more if the horse proved lucky.
Report Question
0%
This is a valid agreement.
0%
This agreement is void for uncertainty because it is very difficult to determine what is luck, bad or good, the horse had brought to the buyer.
0%
The agreement is partially valid and partially void.
0%
None of the above.
Explanation
According to Section 29, Agreements, the meaning of which is not certain, or capable of being made certain, are void.
PRINCIPLES: (i) Neighbour principle- A person is liable if he harms his neighbours. A neighbour is one whose action affects another.
(ii) One is liable only for contractual relations
FACTS: X manufactures a food item and sells his food item to Y, a whole seller. Y appoints Z, a retailer to retail these items. Z sells the food item to a consumer who after eating them falls ill. X is liable to the consumer because _______.
Report Question
0%
of contractual relations
0%
of the Food Adulteration Act
0%
the consumer is the neighbour of X
0%
of the consumer protection law
Explanation
The principle established in the case of Donoghue v Stevenson can be followed in this case. It held that although no contract was entered into between the manufacturer and the customer, negligence could nevertheless be proved as the customer is to be directly affected by the product of the manufacturer.
So, X's product has a direct impact on the ultimate consumer although no direct contract for sale has been entered into.
Who is a Recidivist ?
Report Question
0%
Saint
0%
Habitual criminal
0%
Rash person
0%
Reserved person.
LEGAL PRINCIPLE: A person is liable for all the injurious consequences of his careless act.
FACTUAL SITUATION: Ramesh, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.
DECIDE.
Report Question
0%
Ramesh is liable to compensate the child's family for his careless act.
0%
Ramesh is not liable to compensate the child's family because he exercised due care and did not do it wilfully.
0%
Ramesh is not liable to compensate the child's family because it is the duty of the spectators to take adequate care.
0%
Ramesh is not liable to compensate the child's family because it was a mere accident.
Explanation
In the above situation the snake charmer acted in a careless manner and so the snakes escaped causing injury to the child. Therefore Ramesh (the snake charmer) was liable to pay compensation for his careless act.
PRINCIPLE: An assault is an attempt to do a corporeal hurt to another, coupled with an apparent present ability and intention to do that act. A battery is the intentional and direct application of any physical force to the person of another.
FACTUAL SITUATION: A was slitting on a chair reading a book. His friend, B decided to play a practical joke on him. Accordingly, he pulled the chair from under him, as a result of which A landed on the floor.
Report Question
0%
B's act amounts to a battery
0%
B's act amounts to an assault
0%
B's act amounts to an assault till the time A lands on the floor
0%
B's act amounts to neither because there was no intention
Explanation
D is the correct option.
The tort of assault is defined as threatening bodily harm to another in a convincing way. The essential requirements of assault are:
(1) the intention of the defendant to cause apprehension of harmful contact
(2) the act resulted in apprehension in the mind of the plaintiff that a harmful contact would occur.
It must be with the intention to interfere with the right to liberty of a person. So, mere removal of a chair playfully that may result in mere falling on the floor will not give rise to sufficient intention to cause apprehension of harmful contact.
PRINCIPLE: Trespass to land is the wrongful and unwarranted entry upon the land of another.
FACTUAL SITUATION: A purchased a ticket to watch a movie in a theatre. After the show got over, A refused to leave the theatre. The owner of the theatre sues A for trespass.
DECIDE.
Report Question
0%
He will not succeed since A had purchased a ticket.
0%
He will not succeed since A has a right to remain wherever he wants to after the shows gets over.
0%
He will succeed since A's authorisation to remain in the theatre ends with the show.
0%
He will not succeed since A did not have the intention to trespass.
Which among the provisions of Advocates Act, 1961 in India provides for right of pre-audience of Attorney-General for India, Solicitor-General of India among others?
Report Question
0%
Section 23 of Advocates Act, 1961
0%
Section 20 of Advocates Act, 1961
0%
Section 19 of Advocates Act, 1961
0%
Section 18 of Advocates Act, 1961.
_______ is a one-sided contract in which only one party has to perform his promise or obligation.
Report Question
0%
Void Contract
0%
Illegal Contract
0%
Unilateral Contract
0%
Bilateral Contract
An offer made to the public at large is called as ___________.
Report Question
0%
Standing Offer
0%
Specific Offer
0%
General Offer
0%
Express Offer
_______ precedes offer purpose of which to get a better offer from parties.
Report Question
0%
Offer
0%
Invitation to offer
0%
Acceptance
0%
Bilateral Promise
A person advertised in newspaper to sell his old car. The offer is ______.
Report Question
0%
General offer
0%
Specific offer
0%
Continuing offer
0%
None of the above
A owned a truck and he had hired B to drive it. On one of its trips, C flagged the truck down and asked to be dropped to a nearby city. B agreed to do so for a small amount of money. The truck met with an accident en route, in which C was badly injured. C sued in for damages.
Report Question
0%
A will be liable since B did the act in the course of his employment
0%
A will be liable since he had not instructed B not to pick up passengers
0%
A will not be liable since taking passengers in a truck had no connection with his business
0%
A will not be liable because B was an experienced driver
Explanation
The principle of respondeat superior states that a master is vicariously liable for the wrongful acts of his servant which are undertaken within the scope of employment. The term 'scope of employment' has been explained in the case of Carter v Reynolds. The essential requirements of the term as given are:
(1) the work is of the kind the employee is entitled to perform.
(2) the wrongful act has occurred within the authorized time and space limits. (3) the wrongful act has been actuated atleast partially for the benefit of the master.
In the given instance, all these three factors have been negated because B was not entitled to carry put pick and drop, B drove it to a nearby city outside the space limits of his work and he did it for money and not for the benefit of his master.
When property is in possession of.a person other than the owner, the owner is in ____________.
Report Question
0%
Dispossession
0%
Unpossession
0%
Adverse possession
0%
None of the above.
The BCCI decided to hold an auction to sell IPL teams. 12 bidders registered for the auction. Unknown to the BCCI, these 12 bidders had entered into a contract that they would not bid more than a certain amount.
Report Question
0%
The contract will be void because BCCI is not a party to it
0%
The contract will be void since the object of the contract is to cause a loss to the BCCI
0%
The contract will be void since the maximum number of parties to contract as per Indian law is 10
0%
The contract will be valid
Explanation
Section 23 states "The consideration or object of an agreement is lawful, unless— it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement is said to be unlawful.
In this case it is immoral which will lead BCCI to have a loss and hence the contract is void
PRINCIPLE: Ignorance of law is no excuse.
FACTS: A fails to file his income-tax returns for ten years. The Income-tax department issues to him notice to show cause why proceedings should not be initiated against him for the recovery of the income-tax due from him with interest and penalty.
ADVISE.
Report Question
0%
He may take the plea that his advocate had advised him not to file the return as his income was not taxable
0%
He may request the department to waive the interest and penalty
0%
A must pay the tax due as ignorance of law cannot be ground of defence
0%
None of the above
Explanation
Ignorantia legis neminem excusat or ignorance of law is no excuse states that merely because a person is not aware of any law cannot escape liability under that law for not knowing its contents. It applies to all types of laws, civil,criminal as well as statutory laws. Therefore, even in the absence of any intention to evade taxes the person can escape criminal liability but not the liability to pay the taxes.
Here in this case, A failed to file his tax returns for ten years and tax paying is a legal liability and hence, ignoring it cannot be a ground of defence.
PRINCIPLE: In an agreement, a condition subsequent must be complied with, to claim the benefit of that agreement.
FACTS: A agrees to transfer a farm to B, provided that, if B does not go to England within three years after the date of the agreement, his interest in the farm shall cease. B goes not go to England within the term prescribed.
Report Question
0%
B's interest in the farm continue
0%
B's interest in the farm does not continue
0%
B has a fundamental right to go to England or not to go to England and hence the condition was illegal
0%
The agreement between A and B was void
Explanation
The condition was for B to go to England within 3 years from the date of commencement of the agreement. But B does not fulfill the condition hence B's interest in the farm does not continue.
Choose the correct answer from the alternatives given.
Hadley
v. Baxendale, (1854) case deals with ___________________.
Report Question
0%
anticipatory breach of contract
0%
quantum of damages
0%
supervening impossibility
0%
quasi-contract
PRINCIPLE: Under the Transfer of Property Act, 1882 a property must be transformed by one living person to another living person. The Act deals only with transfer of property between living persons.
FACTS: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.
Report Question
0%
Transfer of property by 'X' will be valid
0%
Transfer of property by 'X' will be invalid
0%
Transfer of property by 'X' to the presiding deity will become a valid transfer to 'A'
0%
None of the above
Explanation
The Transfer of Property Act (ToPA) 1882, deals with the transfer of properties between living beings only (Section 5). Here in question, X (living being) wants to transfer his property the presiding deity in a temple (non living being), hence this transfer of property is invalid. The correct option B.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Everybody is under a legal obligation to take reasonable care in order not to injury by an act or omission his neighbour, which he may foresee. The neighbour for this purpose is a person who is likely to be affected by the act or the omission.
FACTUAL SITUATION: Amit, while rushing to board a moving train at a station pushed Anil who was walking along with a heavy load, containing fire crackers, the push resulted in slipping of the load from Anil's hand. The crackers exploded injuring a boy, Sumit standing nearby. Sumit filed a suit against Amit claiming damages.
DECIDE.
Report Question
0%
Amit is not liable, because Sumit is not his neighbour.
0%
Amit is not liable, because Anil should not be carrying load of crackers on a railway station.
0%
Amit is liable, because he pushed Anil.
0%
Amit is liable, because he was running.
Explanation
The neighbour principle in law of torts was developed by Lord Atkin in the case of Donoghue v Stevenson. It stated that a person must take reasonable care to ensure that any act or omission that can be reasonably foreseen to injure a neighbour should not be carried out. The term 'neighbour' here refers to any person who is likely to be directly affected by the consequences of a person's act. In this instance, Sumil was the person to be immediately affected by Amit's act and he could reasonably foresee that pushing would result in dropping of heavy loads which would hurt any person standing close by. So, Amit ought to have taken precaution while rushing.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE:
The violation of legal right without damage gives rise to tort.
FACTUAL SITUATION:
X runs a coaching centre and charges Rs. 1800 per month as fees per candidate. Y runs another coaching centre and charges Rs. 1300 per month as fees per candidate for completing with X. This act of Y compelled X to reduce his charge to such Rs. 1300.
QUESTION:
Can X claim for damages from Y?
Report Question
0%
Yes, he can as Y violated his legal right.
0%
No, X has reduced the fees on his own.
0%
Yes, because as there was damages there was legal injury.
0%
No, because though there was damage there was no legal injury.
Explanation
The above case is based on the legal doctrine of Injuria sine damnum which means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc.
Therefore, A will not be compensated since his legal rights are not violated even though actual damage/loss is suffered.
The phrase
per incuriam
refers to ___________________
Report Question
0%
Judgment of a Court in accordance with law
0%
Judgment of a Court without reference to a statutory provision
0%
Judgment of a judge not of a Court
0%
All the above.
"What cannot be done directly cannot be done .indirectly" This doctrine pertains to ______.
Report Question
0%
Colourable legislation
0%
Ancillary power
0%
Implied power
0%
Not sustainable manner
Under the Indian Contract Act 1872, which of the following is not an essential element of a valid Contract?
Report Question
0%
Intention to create legal relationship
0%
Adequacy of Consideration
0%
Certainty of Terms
0%
Free Consent
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLES:
(1) Master is liable for the wrongful acts committed by servants, in the course of their employment if third employment if parties suffer damages in consequences.
(2) However the master is liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
(3) If a person by an act lowes the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
FACTUAL SITUATION: Tiwari is a servant of Ajit, on his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's Servant. Decide.
Report Question
0%
Ajit is liable because Tiwari defamed Singh.
0%
Ajit is not liable as the defamation was not in the course of Tiwari's employment.
0%
Ajit is liable even though the defamation was not in the course of employment.
0%
None of the above.
Explanation
The principle of respondeat superior states that the master is vicariously liable for the acts of his servant in the course of employment. The term 'course of employment' has three main requisites:
(1) the act must be committed while acting on the instructions of the employer.
(2) the employee is carrying out some work that is going to benefit the employer
(3) the employee did not do the act in personal capacity.
In the present instance not only was the act committed by Tiwari in his personal capacity but also before he entered workplace to get his assigned work. Therefore, he did not act in course of employment.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A present is not liable for a tort committed by his/her child except when the parent, affords the child an to opportunity to commit the tort.
FACTUAL SITUATION: A mother takes her 7-year-old son to market. On reaching the market she shuts the car ignition, pulls the handbrake and puts the car in gear. She leaves her son in the car itself. The child starts playing with the car, he releases the brakes and pushes the gear lever to neutral. As a result, the car starts moving down the road and runs down a pedestrian.
Question: What is the liability of the mother?
Report Question
0%
The mother is not liable because she took great care to ensure that the car would remain stationary
0%
The mother is liable because she was negligent
0%
The son is liable because his action caused accident
0%
The pedestrian is liable as he should have been careful while walking on the road
Explanation
In common law regimes, vicarious liability is not imposed on the parents for the wrongful acts of the child. But an exception to this situation is when the parent acts negligently on his own. For example, leaving the child with a dangerous thing reasonably knowing that the child is likely to use it. A similar finding applies to leaving cars in the hands of a minor who does not know how to use it carefully.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Contractual liability is completely irrevalent to the of existence of liability in tort.
FACTUAL SITUATION: A purchased a bottle of ginger-beer from a retailer. As she consumed more than 3/4th of the contents of the bottle, she found decomposed remains of a snail, she fell sick on the manufacturer of what she consumed. She sued the manufacturer of the beer for negligence, through there is no contractual duty on the part of the manufacturer.
DECIDE.
Report Question
0%
'A' cannot sue the retailer.
0%
'A' cannot sue the manufacturer for negligence in the absence of a contract.
0%
'A' can sue the retailer from whom she purchased the beer.
0%
'A' can sue the manufacturer as he had a duty to take care to see that bottles did not contain any other substance than beer and hence liable for negligence of duty.
Explanation
It was established in the case of Donoghue v Stevenson that tortious liability is independent of contractual laibility. In this case too the plaintiff had ordered for ginger beer which was found to contain a dead snail. She sued the manufacturer of the ginger beer bottle. The Court held that although there was no direct contract between the manufacturer and consumer, the manufacturer owed a duty of care towards the consumer and must ensure that reasonable care is taken to avoid any damage or loss to the consumer. Failure to do so results in tort of negligence although there is no contractual relation.
A invites B for his son's wedding by giving the wedding card. B accepts the invitation. In this case, there is no contract, since _______.
Report Question
0%
there is no formal acceptance of the offer
0%
there is no intention to create legal relationship
0%
there is no written document
0%
none of the above
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
PRINCIPLE: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.
FACTS: Z makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewels in it.
Report Question
0%
Z has done an act towards the commission of theft and therefore is guilty
0%
In the absence of the definition of offence in the stated Principle it cannot be said that Z is guilty
0%
The stated Principle neither defines the offence is punishable with imprisonment. So the position is unclear
0%
Police should arrest Z and produce him before the Magistrate as only the court has the authority to decide his guilt or innocence
Explanation
There are 4 stages of a crime- Intention-- Preparation-- Attempt and Commission.
The first 2 stages are not punishable as only mens reus is involved in the former stages, whereas in the latter two stages actus reus comes into play, Therefore when the act is in the latter two stages then it is punishable.
The legal principle restates the above principle. An attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.
The principle doesn't state whether the offence is punishable with imprisonment or not.
Option A is not correct because the legal principle doesn't make an act towards the commission of a crime as an offence. It makes attempt to commit a crime punishable with imprisonment as an offence.
Between option B and C, Option C is the better option as it clearly states the reasoning.
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A violation of a Legal Right, with or without damage, gives rise to a tort.
FACTUAL SITUATION: 'A' establishes a coaching class and charges Rs. 5000 per year as fees. 'A's neighbour 'B' establishes another coaching class thereby creating a competition, this forces 'A' to reduce his fees to Rs. 3000 per year.
Question: Can 'A' claim damages from 'B' for the loss caused to him?
Report Question
0%
No, because though there was damage, there was no legal injury
0%
Yes, he can as 'B' has violated his Legal Right
0%
No, 'A' has reduced the fees on his own
0%
None of the above
Explanation
The above case is based on the legal doctrine of Injuria sine damnum which means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc.
Therefore, A will not be compensated since his legal rights were not violated even though actual damage/loss was suffered.
D was enfeebled by disease. B, his medical attendant influenced him to agree to pay B an unreasonable sum for his professional services. D's consent is not free and is based on undue influence. This contract is ___________.
Report Question
0%
Void
0%
Illegal
0%
Valid
0%
Viodable
Voidable Contract is one which __________.
Report Question
0%
is enforceable by law at the option of one or more of the parties thereto
0%
can be enforced by othe parties
0%
cannot be enforced by both parties
0%
none of the above
When the contract is perfectly valid in its substance but cannot be enforced because of certain technical defects. This is called a/an _______.
Report Question
0%
Unilateral Contract
0%
Bilateral Contract
0%
Unenforceable Contract
0%
Void Contract
A, by a letter dated 10th January 2018, offers to sell his house to B for Rs. 40 Lakhs. The letter reaches B on 17th January 2018, who posts his acceptance on 18th January 2018 which reaches A on 30th January,Here, the communication of offer is complete on:
The communication of acceptance is complete against A on 18th January 2018 and against B on ____.
Report Question
0%
18.01.2018
0%
30.01.2018
0%
17.01.2018
0%
10.01.2018
M offer to sell his car for Rs. 3.9 lakhs to N. N says he would buy it for Rs. 3.5 lakhs. The Counter-Offer by N for Rs. 3.5 Lakhs _________.
Report Question
0%
cannot be accepted by M
0%
may be accepted by M
0%
is irrational
0%
is illegal
A offers B to supply Books at Rs. 100 each. B accepts the same with condition of 10% discount. It is _______.
Report Question
0%
Counter Offer
0%
Cross Offer
0%
Specific Offer
0%
Special Offer
_____ is a part of Executed Contracts.
Report Question
0%
Unilateral Contract
0%
Past consideration
0%
Bilateral Contract
0%
Executory Contract
There is a Counter-Offer when _______.
Report Question
0%
the Offeree gives conditional acceptance or introduces a fresh term in acceptance
0%
the Offeror makes a fresh offer
0%
the Offeree makes some query
0%
the Offeree accepts it
A minor's agreement is void. This was held in the case of ________.
Report Question
0%
Mohori Bibi Vs. Dharmadas Ghosh
0%
Nohal Chand Vs. Jan Mohamed Khan
0%
Suraj Narain Vs. Sukhu Aheer
0%
Chinnaiya Vs. Ramaiya
Which of the following is not true in relation to an agreement by minor?
Report Question
0%
All agreement by or with a minor is valid as minor is an individual.
0%
An agreement with a minor is void.
0%
A minor can ratify an agreement on attaining the age of majority.
0%
A minor can plead minority.
When the proposal or acceptance is made otherwise than in words, the promise is said to be _____.
Report Question
0%
Expressed
0%
Implied
0%
Accepted
0%
Rejected
Arun's estate is sold for arrears of revenue. As per the Act, the defaulter is prohibited from purchasing it. Bhat agrees with Arun to purchase the estate and convey it back to Arun for the price which Bhat has paid. This agreement is ________.
Report Question
0%
legal
0%
valid
0%
voidable
0%
void
Karthik is the coach of Sachin, a Minor who joined for Hockey training. The fees if Rs. 10,The contract is a _______.
Report Question
0%
Void Agreement
0%
Contingent Contract
0%
Quasi Contract
0%
Wagering Agreement
A contract was made for purchase of certain bales of cotton to arrive by a ship called "Peerless" from Mumbai. Two ships of the same name (Peerless) were to sail from Mumbai. Buyer intended to buy cargo of one ship but Seller was selling the cargo of ther. The contract is void on grounds of mistake as to _____.
Report Question
0%
existence of subject-matter
0%
identity of subject-matter
0%
quantity of goods
0%
quality of goods
0:0:1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
0
Answered
0
Not Answered
0
Not Visited
Correct : 0
Incorrect : 0
Report Question
×
What's an issue?
Question is wrong
Answer is wrong
Other Reason
Want to elaborate a bit more? (optional)
Practice Class 12 Commerce Legal Studies Quiz Questions and Answers
<
>
Support mcqexams.com by disabling your adblocker.
×
Please disable the adBlock and continue.
Thank you.
Reload page