CBSE Questions for Class 12 Commerce Legal Studies Topics Of Law Quiz 5 - MCQExams.com

When a corporation enters into a contract beyond the scope of the object such a contract is said to be ________.
  • intra vires
  • ultra vires
  • ultimo vires
  • infra vires
An agreement enforceable by law is a ________.
  • enforceable acceptance
  • accepted offer
  • approved promise
  • contract
A contract of agency may be created by ________.
  • express agreement
  • implied agreement
  • ratification
  • all of the above
What is the legal status of an agreement with uncertain meaning?
  • Valid
  • Void
  • Voidable
  • Illegal
A person who makes a promise is know as ______.
  • promisor
  • promisee
  • offere
  • donor
'Voidable ' contract means __________.
  • parties are incompetent to contract
  • free consent of the parties is missing
  • consideration is inadequate
  • the object of contract is expressly declared void by the act itself.
In which of the following situation original contract need not be performed?
  • When parties substitute a new contract for the old one
  • When the parties to a contract agree to rescind it
  • When the parties to a contract agree to alter it
  • All of the above.
If a new contract is substituted  in place  of an existing contract, it is called _________.
  • alteration
  • rescission
  • novation
  • waiver
A contract is __________.
  • a promise to do something or abstain from doing something
  • a communication of intention to do something or abstain from doing something
  • a set of promises
  • an agreement enforceable by law
An agreement the object of which is unlawful is _________.
  • valid
  • void
  • voidable
  • optional.
When consent is obtained under undue influence,the contract is termed as _______.
  • valid contract
  • void contract
  • voidable contract
  • unilateral contract.
A contract which become impossible to perform is known as __________ contract.
  • voidable
  • void
  • valid
  • illegal
A person who provides guarantee in a contract is called _____________.
  • debtor
  • principal debtor
  • surety
  • creditor
All void agreement are illegal, this statements is ____.
  • true
  • false
  • partly True
  • partly False
X contracted with Y for supplying of high quality 1000 Quintals of oil. Y supplied the desired quantity but of low quality. The contract is __________.
  • void
  • voidable
  • void ab initio
  • None of the above
An agreement for rendering service entered into by a father on behalf of his minor daughter is _______.
  • void
  • voidable
  • valid
  • quasi
All contracts are agreements. This statements is _____.
  • true
  • false
  • partly true
  • partly false
Positive morality is not a part of _____________.
  • Customs law
  • Presidents
  • Legislation
  • Personal law
Where statute law and common law conflict ___________________.
  • Statute law prevails
  • Common law prevails
  • The matter will be referred to equity for a decision
  • The matter will be referred to High Court for a decision
A minor child was provided treatment in hospital by a doctor. The doctor can recover his reasonable expenses from _________.
  • can't recover as there was no contract
  • can recover from minor personally
  • can recover from guardian's of minor
  • can recover from estate of minor as it was a necessary of life - supplied to him.
_____means "adhere to the decision and do not unsettle things which are established"
  • Stare decisis
  • Ratio decidendi
  • Obiter dicta
  • None of the above
Law is an "essentially and exclusively a social fact" whose definition of law is this?
  • Duguit
  • Jeremy Benthan
  • Savigny
  • Keisen
Under the revised Uniform Partnership Act, which of the following have the right to inspect partnership books and records?
  • Employees
  • Former partners
  • Inactive partners
  • Transferees of partners interests
The contract can come under the preview of mistake if ________________.
  • at the time of contract the goods were not in existence.
  • at the time of contract the identity of the contract was not clear.
  • both A & B
  • none of the above.
When the consent of a party is obtained by fraud, the contract is ________.
  • valid
  • voidable
  • illegal
  • void
Joint heirs to a property are called ____________.
  • co-heirs
  • coparceners
  • successors
  • joint owners
Principles:-
A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
Whether an act is committed in the course of employment has to be judged in the context of the case.
Both master and third parties must exercise reasonable care in this regard.
Facts
Rama Bai was an uneducated widow and she opened a S.B. account in Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. Keshav used to deposit the money of Rama Bai from time to time and get the entries done in the passbook. After the years or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bai continued to hand over her savings to him and Keshav misappropriated them. Rama Bai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bai.
(b) Syndicate Bank shall not be liable to compensate Rama Bai.
(c) Rama Bai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshav.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest.
Your decision with the reason.
  • (a)(iii)
  • (c)(iv)
  • (b)(ii)
  • (b)(i)
Custom as a source has a very inferior place in the ____________________.
  • Hindu law
  • Judicial decision
  • Criminal law
  • Mohammedan law
In pari delicto means ________________.
  • where the lawyer is at fault
  • where the judge is at fault
  • where the petitioner is at fault
  • where both parties to a dispute are equally at fault
Conspiracy is ____________.
  • absconding from the police
  • a secret plan to commit a crime
  • disobeying the criminal process
  • wilful deceiving of the fact
Ramesh asks his servant to sell his cycle to him at a price less than that of market price. This contract can be avoided by the servant on the ground of ________.
  • fraud
  • mistake
  • undue influence
  • coercion
The act of unlawfully entering into anothers property constitutes __________.
  • trespass
  • restraint
  • appropriation
  • encroachment
'Alibi' means a plea by an accused person that he _______________.
  • was present elsewhere
  • remained in judicial custody
  • underwent preventive detention
  • was facing trial
Principle One of the principles of natural justice is Nemo judex in causa sua, which means that no one should be a judge in his own cause. In other words, no person can judge a case in which he has an interest.

Facts 'X', a member of the selection board for a government service, was also a candidate for selection for the same service. 'X' did not take part in the deliberations of the board when his name was considered and approved.
  • Selection of 'X' is against the principle of natural justice.
  • Selection of 'X' is not against the principle of natural justice.
  • Non-selection of 'X' will be against the principles of natural justice.
  • Non-participation of 'X' in the board deliberations will render his selection valid.
What is the legal meaning of the word 'Battery'?
  • Cells, as used in torch, tape recorder, etc.
  • Battering a person to death.
  • Actual or intended striking of another person.
  • Assault resulting in, at least, 6 months hospitalisation.
The killing of a new born child by his/her parents is called _________.
  • malfeasance
  • infanticide
  • abortion
  • foeticide 
An offence of breaking a divine idol ______________.
  • Blasphemy
  • Salus populi
  • Crime
  • Sacrilege
Libel is addressed to the eye; slander to the ear. State which of the following statement is /are slander?
  • slanderous words are uttered by the characters on the dramatic stage.
  • slanderous words are uttered by the characters on the cinema screen.
  • abuses recorded in the gramophone disc.
  • both (b) and (c).
A married man commits adultery if he has sexual intercourse with ______________. 
  • an unmarried women
  • a married woman
  • any woman except his wife
  • an unmarried woman without her consent
Principle : A citizen is expected to take reasonable duty of care while driving on the road and not to cause injuries to any person.

Facts : X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X's) office, it hit a pedestrian P on account 'Y's negligent driving and injured him seriously. P sued X for damages.

Two persons are said to be joint tort-feasors when ______________.
  • a person on account of his negligence gives opportunity to another for committing a tort
  • two or more persons are simultaneously involved in committing a wrong
  • a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose
  • two persons together commit a tort
Principle : A person is liable for all the injurious consequences of is careless act.
Fact: Ram, 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.
  • Ram is liable to compensate the child's family for his careless act
  • Ram is not liable to anything as such things to keep happening
  • Ram is not in a position to compensate as he is poor
  • None of  these.
Principle: Vicarious liability is the liability of the Master or Principal for the tort committee by his servant or agent, provided the tort is committed in the course of employment. The Master or Principal is not liable for private wrongs of the servant/agent.
Facts 'X' hands over some cash money at his house to 'Y' who is his (X's) neighbor and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
  • The bank would not be liable because 'Y' die not do any wrong in the course of his employment
  • The bank would be vicariously liable because 'Y' was the employee of the bank
  • The bank would not be liable because 'Y' did not do any wrong
  • The bank would be liable because 'Y' acted as bank's agent
Which of the following marriages is approved by Islamic law Between a Muslim ?
  • Male and a Christian female
  • Female and a Hindu male
  • Female and a Christian male
  • Female and a Jew male
Which of the following is not included within the meaning of intellectual property ?
  • Patents
  • Copyrights
  • Trade Mark
  • Property of an intellectual
Given below is a statement of legal principle followed by factual situation. Apply the principle to the facts and select the most appropriate answer.

PRINCIPLE: An agreement is void to the extent that it restricts absolutely, a party from enforcing his contractual rights by usual proceedings in any ordinary court.

FACTS: A and B entered into a transaction in Delhi for sale of goods based in Delhi. The contract stated that in case of a dispute, only civil courts in Chennai would have jurisdiction. Neither A, nor B resided or carried on business in Chennai.

DECIDE
  • The contract is valid since it is still an Indian court that has jurisdiction.
  • The contract is void since it ousts the jurisdiction of the competent court.
  • The contract is void since the consent of the court is required before entering into such a contract.
  • The contract is valid since Chennai courts have expertise with respect to contractual matters.
Principle A person has no legal remedy for an injury caused by an act to which he has consented.
Facts 'R', a cricket enthusiast, purchases a tickets to watch a T$$20$$ match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivation is correct?
  • 'R' should be compensated as he purchased the ticket to get entertainment and not to get injured.
  • 'R' would fail in his action, as he voluntarily exposed himself to the risk.
  • IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries.
  • None of the above
Who among the following judges had never been the chairman of the Law Commission of India?
  • Justice RC Lahoti
  • Justice AR Lakshamanan
  • Justice Jeevan Reddy
  • Justice Jagnnatha Rao
Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorized the act. A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.
  • D will succeed since C was employed A
  • D will not succeed since A had not authorized C to drive the bus
  • D will not succeed since the bus was not on an official trip
  • D will succeed since turning the bus was in the course of employment

The law of torts has largely developed through ___________________.
  • judicial decisions
  • customs
  • legislations
  • none of the above
LEGAL PRINCIPLES:
Bigamy is not permitted under Hindu law.
2 A Hindu of sound mind can adopt a child of the gender they don't already have a child of.
Only the child's father, mother or guardian has the capacity to give the child up in adoption, under Hindu law.
FACTUAL SITUATION : Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son,Gunjan with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh's brother. However, Rajat's parents decide to go of to Dubai for 5 years and they leave their son under the care of Ramesh's sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Sum an want to adopt a daughter as well and they do adopt a girl -Sara-from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire Sunny member are Buddhists. Keeping in mind the given principles and facts, solve the questions Is Rajat's adoption a valid adoption ?
DECISION:
  • No, because Ramesh already has a son.
  • No, because Ramesh's sister has no authority to give Rajat up in adoption.
  • Yes, it is a valid adoption because Ramesh has no child with Tania and Ramesh's sister is Rajat's guardian for 5 years at least.
  • Both (a) and (b)
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