Businessregulatoryframeworkmcqsslideshare 230524162337 E3eb4ba7
Businessregulatoryframeworkmcqsslideshare 230524162337 E3eb4ba7
Businessregulatoryframeworkmcqsslideshare 230524162337 E3eb4ba7
B.Com Semester -2
2) A contract creates
a) rights in personam , b)rights in rem,
c)only rights and no obligations , d)only obligations and no rights.
5) A contract
a) may be void as originally entered into
b) may become void subsequent to its formation
c) cannot become void under any circumstances
d) may become void at the will of party.
7) A contract is
a) a legal obligation b) an agreement plus a legal obligation
c) consensus ad idem, d) agreement plus a legal object.
11) A letter of acceptance sufficiently stamped and duly addressed is put into course of transmission. There
is
14) On the face of the ticket for a journey the words ―for conditions see back are printed in small print .The
passenger –
a) is bound by the conditions whether he takes care to read them or not.
b) is not bound by the conditions
c) may not take note of the conditions
d) none of the above.
16) An acceptance is not according to the mode prescribed but the offerer decides to keep quiet. In such a
case there is –
a) a contract, b) no contract,
c)a voidable contract, d) an unenforceable contract.
18) A makes an offer to B on 10th by a letter which reaches B on 12 th B posts letter of acceptance on 14th
which reaches A on 16th . The communication of acceptance is complete as against A on –
a) 12th b) 14th c)16th
20) Consideration –
a)must move from the promisee , b)may move from the promisee or any other person
c)may move from the third party d) may move from the promisor.
21) Consideration
a)must be adequate to the promise made, b)need not be adequate to the promise made
c)must be of reasonable value d) must be of more value than the value of promise made.
24) A promise to compensate ,wholly or in part , a person who has already voluntarily done something for
the promisor is
a)enforceable b)not enforceable because it is without consideration,
c) void d) voidable.
32) A minor enters into a contract for the purchase of certain necessaries , in such case –
a) he is not personally liable to pay b)he is liable to pay
c)his estate is liable to pay d) his guardian is liable to pay.
35) Contracts made before war with an alien enemy which are against public policy are –
a) suspended and are revived after the war is over. b) dissolved
c)not affected at all d)void
40) Where both the parties to an agreement are under a mistake as a matter of fact essential to the
agreement ,the agreement I –
a) void b) voidable
c )illegal d) not affected at all.
41) Merely because a contract was caused by one of the parties to it being under a mistake as to a matter of
fact , it is not-
a) voidable b) void
c)affected at all d) none of the above.
42) Consent given to a contract under some misrepresentation by the other party makes the contract –
a) void b) invalid
c) unenforceable d) voidable
43) When a person positively asserts that a fact is true when his information does not warrant it to be so,
though he believes it to be true , there is –
a) misrepresentation b) fraud
c) undue influence d) coercion.
44) Fraud exists when it is shown that a false representation has been made
a) knowingly b)unknowingly
c)unintentionally d)recklessly , not caring whether it is true or false
50) If there is a unilateral mistake as regards identity of a party caused by fraud of he other party , the
contract is –
a) void b) voidable
c)valid d)illegal
55) The unlawful detention of any property of a person to obtain his consent to a contract amounts to
a) misrepresentation b) fraud
c) undue influence d) coercion.
58) A person enters into an agreement whereby he is bound to do something which is against his public or
professional duty. The agreement is –
a) void on the ground of public policy b) valid
c)voidable d) illegal
60) An employee , by the terms of his service agreement , is prevented from accepting a similar engagement
after the termination of his service .The restraint –
a) valid b)void c) illegal d)unenforceable
71)A agree to pay B Rs. 2000 if a certain ship does not return at Mumbai port within a year .A promise can
be enforced when the ship
a) arrives Mumbai a damaged condition during the years
b) is lost during the year
c) is sunk during the years
d) arrives Mumbai in a good condition during the year.
72) Promises forming consideration for each other are known as,
a)independent promises b)dependent promises
c)reciprocal promises. d)mutual promises
74)When promisee refuses to accept performance from the promisor who offers to perform ,it is –
a)attempted performance , b) vicarious performance ,
c)tender d) frustration of contract.
77)Where the debtor does not expressly intimate or where the circumstances attending on a payment do
not indicate any intention , the creditor –
a)may apply it to any lawful debt due b)May apply it even to a time barred debt.
78)When two or more persons have made a joint promise ,then unless a contrary intention appears from
the contract, all such persons must fulfill the promise –
a) jointly b) severally c)jointly and severally d)jointly or severally
80)A who owes Rs. 10000 to B dies leaving an estate of Rs. 6000. The legal representation of A are –
a)Liable for Rs. 10000 b) liable for Rs. 6000
c)not liable at all d) liable for Rs. 3000.
81) Owing to a strike in the factory of A , he is not able to supply the goods to B as per the terms of the
agreement > The agreement in such a case
a) is discharged b) is not discharged
c) becomes void d) is voidable at the option of A.
86) A lends Rs. 500 to B . He later tells B that he need not repay the amount , the contract is discharged by –
a) breach b) waiver c) novation d) performance
87) A contract has become more difficult of performance due to some un-contemplated events or delays
.The contract –
a)is discharged b) is not discharged
c)becomes void d) becomes voidable.
88) Where a contract could not be performed because of the default by a third person on whose work the
promisor relied , it –
a) is not discharged b) is discharged
c)becomes void d)becomes voidable.
89) A creditor agrees with his debtor and a third party to accept that third party as his debtor . The contract
is discharged by, -
a) performance b)alteration
c)waiver d)remission
e) remission
91) A undertakes to paint a picture of B .He dies before he paints the picture . The contract –
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a) is discharged by death
b) becomes voidable
c) becomes voidable at the option of the legal representatives of A .
d) will have to be performed by the legal representatives of A.
95) The measure of damages in case of breach of a contract is the difference between the –
a)contract price and the market price at the date of breach
b) contract price and the maximum market price during the term of the contract
c) contract price and the price at which the plaintiff might have sold the goods ,
d) contract price and the price fixed by court.
98) In case of a wrongful dishonor of a cheque by a banker having funds to the credit of the customer ,the
court may award----
a) ordinary damages , b) nominal damages
c)exemplary damages d) contemptuous damages.
100) A agreed to sell 100 shares to B at Rs. 75 per share delivery to be given on the 1st march , B refused to
accept delivery on 1st march as price had gone down to Rs. 60 per share .Subsequently A sold these shares
at Rs.92 per share –
a) A cannot recover any damages from B
b) A will have to restore to BRs. 1700 i.e. the profit he made
c) A can recover damages to be determined by the President of the stock exchange.
103) when an agreement is discovered to be void ,any person who has received any advantage under such
agreement
a) is bound to restore it b) is not bound to restore it
c)is not bound to return it . d) may retain it
e) none of these
105) A person who finds good belonging to another and takes them into his custody ,is subject to the same
responsibility as a
a) bailee b) true owner c) bailor d) pledge.
109) The definition of a contract of indemnity as given in the Indian contract act ,1872 includes
a)express promises to indemnity
b) implied promises to indemnity
c) cases where loss arises from accidents and events not depending on the conduct of the promisor or any
other person
d) cases where the loss is caused by the conduct of the promisor himself or by the conduct of any person
110) S and P go into a shop ,S says to the shopkeeper ,C let P have the goods and if he does not pay you , I
will ―This is a –
a)contract of guarantee b)contract of indemnity
c)wagering agreement d) quasi contract
111) Any variance made without surety‘s consent in the terms of the contract between the principal debtor
and the creditor discharges the surety –
a) as to transactions prior to variance b) as to transactions subsequent to variance
c) as to all transactions d) from his liability under the guarantee.
113) Where there are co-sureties ,a release by the creditor of one of them –
a) discharges the other co-sureties b) does not discharge the other co-sureties
c)makes all the co-sureties immediately liable d) makes the contract of guarantee void.
117) In a sale ,if the goods are destroyed , the loss falls on –
a) the buyer b) the seller
c) partly on buyer and partly on seller d)the seller if price has not been paid
e) by the buyer.
118) The term property as used in the sale of goods act 1930 means
a) possession b ) ownership
c) ownership and possession both d) the subject matter of contract of sale.
119) If a price is not determined by the parties in a contract of sale , the buyer is bound to pay –
a)the price demanded by the seller ,
b) a reasonable price
c) the price which the buyer thinks is reasonable
d) the price to be determined by a third independent person.
5. When one person signifies to another his willingness to do or to abstain from doing any thing with a
view to obtaining the assent of that other person to such act or abstinence he is said to make a
A. Proposal B. Promise C. Both (a) and (b) D. None of these
6. When the person to whom the proposal is made signifies his assent thereto the proposal is said to be
accepted than its called
9. Every promise and every set of promises forming the consideration for each other
A. A proposal B. An offer C. An agreement D. None of above
12. Section 2(b) defines, "When the person to whom the proposal is made, signifies his assent thereto, the
proposal is said to be accepted. A proposal when accepted becomes a/an
(a) Contract (b) Agreement
(c) Promise (d) Offer
15. Goods displayed in a shop window with a price label will amount to
(a) Offer (b) Invitation to offer
(c) Acceptance of offer (d) None of these
17. An agreement to agree in future upon terms to be settled afterwards between the parties is
(a) Valid (b) Not valid (c) Illegal (d) Voidable
19. A contract or an obligation to perform a promise could arise in the following ways
(a) By agreement and contract (b) By standard form of contracts
(c) By promissory estoppel (d) None of the above
20. When the offers made by two persons to each other containing similar terms of bargain cross each
other in post, they are known as
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(a) Cross offers (b) Implied offers
(c) Direct offers (d) Expressed offers
23. When the proposal or acceptance is made other wise than words, the promise is said to be
(a) Expressed (b) Implied (c) Accepted (d) Rejected
24. If the communication is made by an un-authorised person, it does not result in a/an
(a) Contract (b) Agreement (c) Offer (d) Consideration
25. Which section of Law of Contract defines, "A proposal may be revoked at anytime, before the
communication of its acceptance is complete as against the proposer, but not afterwards."
(a) Section 5 (b) Section 4 (c) Section 6 (d) Section 7
26. A promisee is
(a) A person who makes a promise
(b) A person who monitors the statement of intentions of two parties
(c) A person to whom the promise is made
(d) None of these
31) The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover
from the promise :
A) All damages which he may be compelled to pay in any suit in respect to any matter to which he promise
to indemnity applies
B) All costs which he may be compelled to pay in any such suit
C) All sums which he may have paid under the terms any compromise of any such suit
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D) All of the above
32) A contract to perform the promise, or discharge the liability, of a third person in case of default is
known as :
A) Contract of indemnity B) Contract of guarantee
C) Contingent contract D) Quasi contract
35) The death of the Surety operates in the absence of any contract to the contrary, as a Revocation of a
Continuing guarantee, so far as regards future transactions, it is given in :
A) Section 131 B) Section 132
C) Section 133 D) Section 134
41. As per-section 2(1), a person who buys or agrees to buy goods is called
A. Buyer B. Seller C. Both (a) and (b) D. None of above
42. The voluntary transfer of possession from one person to another is called
A. Transfer B. Change of possession C. Delivery D. None of above
43. Section 2, sub-section , of the Sale of Goods Act, 1930 defines "Goods"
A. 5 B. 6 C. 7 D. None of above
44. As per section 2, sub section 7 every kind of moveable property other than actionable claim and money
is called
A. Goods B. Future goods
C. Both (a) and (b) D. None of above
45. Future goods means goods to be manufactured or produced or acquired by the seller
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A. In future prescribed time B. After making of contract
C. Before making of contract D. None of above
46. As per section 2 sub-section 8, of the Sales of Goods Act, insolvent means a person
A. Who has ceased to pay his debts in the ordinary course of business
B. Or can not pay his debts as they become due
C. Both (a) and (b)
D. None of above
47. The agent having in customary course of business as such agent authority either to sell goods or to
consign goods for the purpose of sale or to buy goods or to raise money on the security of goods is called
A. Agent B. Mercantile agent
C. Partner D. None of above
48. As per section 2(12), of the Sale of Goods Act, quality of goods include
A. State of goods B. Conditions of goods
C. Both (a) and (b) D. None of above
49. The goods identified and agreed upon at the time a contract of sale is made are called
A. Ordinary goods B. Specified goods
C. Scheduled goods D. None of above
51. As per section 4(2), of The Sale of Goods Act, a contract of sale may be
A. Absolute B. Conditional
C. Both (a) and (b) D. None of above
53. According section 5(2) Subject to provision of any law for the time being in force a contract of sale may
be
A. Made in writing
B. By words of month
C. Partly in writing or partly in words of month
D. All of above ways
55. A stipulation in contract of sale with reference to goods which are the subject there of may be
A. A condition B. A warranty
C. Both (a) and (b) D. None of above
56. As per the Negotiable Instruments Act 1882, the term negotiable means..
a) Money b) Transferable
c) Can be passed d) Bargaining
Negotiable term in Negotiable Instruments Act 1882 means the value in it which is transferable from one
person to another.
59. In Negotiable Instruments Act, the Bill of Exchange is covered under which section...
a) Section 4 b) Section 5
c) Section 6 d) Section 13
60. Which of the Followings are not the Negotiable Instruments as defined by the Statute...
a) Banker’s Note b) Promissory Note
c) Bill of Exchange d) Cheques
Explanation
According to Negotiable Instruments Act 1882, Promissory Note, Bill of Exchange and Cheques are the
instruments as defined by the statute (law). Banker’s note also performs like a Promissory Note and
guaranteed by the government, but Banker’s note is said to be the Negotiable Instruments by custom (trade
practices).
61. Which of the followings are defined as Negotiable Instruments by Custom (Trade Practices)...
a) Banker’s Note b) Share Certificates c) Share Warrants
d) Dividend Warrants e) All of the above
Explanation
The instruments which are not mentioned in the Negotiable Instruments Act, but are acquired as the
Negotiable Instrument by usage or custom of Trade.
63. Along with all the above conditions, the maker of the promissory note need to paste a revenue stamp on
it and sign across the stamp. The parties which are involved in the Promissory notes are...
a) The Maker b) The Payee
c) Endorsee d) All of the above
Explanation
The person who promises to pay money through Promissory Note is called as the maker (payer/drawer)
and the person to whom the money is to be received is called as Payee/Drawee.
64. As per Negotiable Instrument Act, the Promissory Note may also contain the promise of delivery of
things along with money...
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a) True b) False
Explanation: As per Negotiable Instrument Act, The promissory note must be a legal tender (money) of
India. If the Promissory Note promises to pay something other than money is not a valid instrument
Ex: I promise to deliver 100 bags of wheat to ‘B’ and Rs. 50000 is not a valid promissory note.
66. When the payment is to be made immediately by means of Bill of Exchange, such bill is called as ...
a) Term Bill b) Faster Bill
c) Sight Bill d) Ready Bill
When the payment is to be made immediately by means of Bill of Exchange, such bill is called as Sight Bill.
67. When the payment is to be made on a fixed date by means of Bill of Exchange, such bill is called as ...
a) Term Bill b) Faster Bill
c) Sight Bill d) Ready Bill
When the payment is to be made on a fixed date by means of Bill of Exchange, such bill is called as Term
Bill.
71. The difference between the Promissory note and the cheque is...
a) The Cheque has limited validity
b) Cheques are drawn on a specific bank
c) Cheques can be crossed for safety purpose
d) Cheques do not have any grace period after its expiry
e) All of the above
72. Payment through bearer cheques are said to be the unsafe method.
a) True
b) False
• If a bearer cheque (non crossed) is lost, the finder can cash it, unless the bank is notified in time to stop
the payment.
• It does not require endorsement.
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• If the bearer cheque is lost or payment is made to a wrong person, bank has no responsibility for it.
• It is not a safe method of payment
73. If the bearer cheque (non crossed) is lost or payment is made to a wrong person, bank can be held
responsible for it....
a) True b) False
Since the amount through bearer cheque is payable on demand to the bearer or to the presenter and It does
not require endorsement, if it is presented by a wrong person, banks will not ask for the identity proof,
hence, if the bearer cheque is lost or payment is made to a wrong person, bank has no responsibility for it.
76. is a bill to which the document of title to the goods and other documents are attached ...
a) Bills in Set b) Escrow
c) Documentary Bills d) Attached Bills
Documents of title include a bill of lading, dock warrant, dock receipt, warehouse receipt, and order for the
delivery of goods, insurance of goods etc. Such bills are called as Documentary Bill.
77. A Negotiable Instrument which is delivered conditionally or for the purpose as a collateral security or
for the safe custody only and not for the purpose of transferring absolutely the property therein is called
as...
a) Custody Bill b) Escrow c) Bill in Sets d) Security Bills
Explanation
Escrow is a bond, deed, or other document kept in the custody of a third party and taking effect only when
a specified condition has been fulfilled.
Drawee: The person who is to pay the money by the drawer is called the ‘drawee’,
Acceptor: If someone else accepts the money in place of the drawee then he is called the ‘ acceptor’.
Payee: Payee is the person to whom the money is to be paid as directed by the instrument. He is
considered to be the actual beneficiary. Where he signs his name and makes the instrument payable to
some other person, that other person does not become the payee.
Indorser: When the holder transfers the instrument to someone else, the holder becomes the ‘indorser’.
Holder: A person who is legally entitled to the possession of the negotiable instrument in his own name
and to receive the amount thereof, is called a ‘holder’.
79. On the face of cheque at the upper left corner two parallel lines with Bankers name and written words
as Not Negotiable’, such crossing is called as ...
a) Restrictive Crossing b) Special Crossing
c) Nominal Crossing d) General Crossing
80. When the cheque is not transferred physically to the drawee bank for the purpose of clearing, such
cheques are called as...
a) Truncated Cheques b) Electronic Cheques
c) ECS Cheques d) Duplicate Cheques
Explanation
Truncation means conversion into another form. In this case, the physical cheque is converted into an
electronic image, which is transferred to drawee bank for the purpose of clearing. Such process is called as
CTS- Cheque Truncation System. This allows to save time and cost of sending physical cheques for clearing
purpose.
81. In case of Cheque as Negotiable Instrument, the Payer’s (who prepares to cheque) bank is called as…
a) Drawer b) Drawee c) Indorser d) None of the above
Explanation
Drawee: is the Drawer’s Bank, where he/she has his/her bank account, who will make the payment on
account of Drawer.
82. In case of Cheque as Negotiable Instrument, the Payer- who prepares the cheque to pay the dues is
called as…
a) Drawer b) Drawee c) Payer d) Payee
Explanation
Drawer: is the person who is making the instrument for making the payment, is also called as holder by the
Drawer’s Bank.
83. In case of Cheque as Negotiable Instrument, the Person, on whose name the cheque is drawn, to pay the
dues is called as…
a) Drawer b) Drawee c) Payer d) Payee
Explanation
Payee: is the person, who is entitled to receive money.
87. A person, who is entitled to posses the instrument in his own name and also entitled to receive the
amount mentioned in it is called as.…
a) Holder b) Withdrawer c) Payer d) Claimant
Explanation
As per Sec (8) of Negotiable Instrument Act, Holder of Legally Approved Negotiable Instruments (i.e.
Cheque, Bills of Exchange & Pronote) is a person, who is entitled to posses the instrument in his own name
and also entitled to receive the amount mentioned in it.
88. As per Sec (8) of Negotiable Instrument Act, Holder of any Negotiable instruments has to satisfy
following conditions…
a) Must be entitled to receive the amount mentioned in it
b) Must have received the instrument in good faith
c) Must have certain consideration
d) The instrument must be obtained in due course of time
e) All of the above
89. The holder of the negotiable instrument has to present the instrument for the purpose of receiving the
claim (value or goods)…
a) True b) False
Explanation
The holder of the negotiable instrument has to present the instrument for the purpose of receiving the
claim (value or goods), called as Presentment. The presentment of negotiable instrument is made for
either; For Acceptance (Bill of Exchange) For Payment (Pronote & Cheque).
90. When the Negotiable Instrument is presented/sent by the payee to the drawer/payer for the purpose of
payment or acceptance, it is called as...
a) Encashing b) Demand c) Presentment d) Withdrawal
Presentment is simply a demand, by which holder of the instruments is required to do as per direction of
the instruments.
91. Negotiable instrument is said to be negotiated when the transferee (payee) becomes the holder of it.…
a) True b) False
The claimant (Payee) or presenter of the negotiable instrument must get the claim what is mentioned in
the instrument from the liable party (payer), then only it is said to be Negotiated (amount is transferred
from the payer to the payee).
92. The making, acceptance, or indorsement of the negotiable instruments like cheque, bill of exchange,
promissory note will be completed only by Delivery of it from the maker to the acceptor…
a) True b) False
Transferability is the most important aspect of negotiability. Hence unless the negotiable instrument is
delivered to the payee by the payer (pronote/cheque) or by the maker to the acceptor (Bill of exchange), it
can not become a negotiable instrument.
95. In such case of dishonor of Bill of Exchange, the Drawer can go to the Notary Public in the court to file a
complaint by requesting to note the fact of non acceptance. It is called as …
a) Noting b) Protest c) Complaint d) Petition
If the Bill of Exchange is not accepted by the payer (buyer) for the purpose of payment of dues against
goods received, is called as dishonor of BoE. The drawer of BoE can then go to Public Notary to file a
complaint along with the facts.
96. The process in which the Notary Public writes the facts of dishonor on the Negotiable Instrument and
Sign & Seal it, is called as…
a) Protesting b) Noting c) Case Study d) All of the above
Notary Public issues a certificate mentioning the case of dishonor of
97. Negotiable Instrument along with Sign and Seal of the Notary Public by charging some fees (Noting
Charges)…
a) Noting c) Protest
b) Complaint d) Petition
After the noting process is done, before filing a case in the court, the payee, whose Negotiable Instrument is
dishonored, must get a certificate from the Public Notary, which contains all the facts related to dishonor of
Negotiable Instrument. It is called as Protest.
99. When a bill is drawn, accepted, or indorsed without any consideration it is called as…
a) Escrow b) Factitious Bill
c) Accommodation Bill d) Clean Bill
Explanation
Suppose Akash asks for Rs. 2000 to Sagar as a loan. If Sagar lends Rs. 2000 to Akash, Sagar can ask Akash to
draw a bill on Sagar, which he will accept. Later Sagar would get the bill discounted from Akash’s bank
against given loan amount. It is called as Accommodation Bill.
100. If the bill is drawn on a fictitious name of the payer as well payee, such bill is called as fictitious bill.
a) True b) False
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Explanation
Yes, It is a kind of fraud or dishonesty. Suppose a dishonest accountant prepares a cheque on the name of
Mr. Balaji and intends his boss to sign the cheque, saying, that the business is owing pay to Balaji. Boss was
having no idea about any such case or Balaji to whom the business is owning to pay some money. Such
payee is called as non existing or fictitious payee.
101. when no bills are attached to the bill for acceptance/payable sent to the payer, such bill is called as…
a) Clean Bill b) Clear Bill
c) Not Attachment Bill d) Escrow
When only a Bill of exchange is sent for the acceptance to the payer or a Pronote or Cheque is sent to the
payer without any attached bills like Invoice, insurance documents etc., such bill is called as Clean Bill.
101. The Negotiable Instrument while drafting (writing), becomes faulty, it is called as. …
a) Faulty Bill b) Ambiguous Bill
c) Dishonored Bill d) Escrow Bill
Explanation
Since Negotiable instrument is a written document, which is transferable from one person to the another
person, it must be free from all types of writing errors in the title of payer or payee. If there is any
defect/fault while writing the instrument, it is called as Ambiguous Bill
102. The Negotiable instrument drafted on the name of any peyee/bearer is incomplete in any respect is
called as…
a) Inchoate Instrument b) Ambiguous Instrument
c) Fictitious Instrument d) None of the above
Suppose the party, who is delivering a promissory note, write all the details and sign it but forget to stamp
it or in case of cheque write incomplete details of the payee, will be called as Inchoate
(Developing/Immature) Instrument.
103. The maturity of Pronote/Bill of Exchange is the date on which it falls to due (becomes payable).
a) True b) False
The Negotiable instrument must be payable either by demand or on specified day or after a specified date.
The day/date on which the value in the instrument becomes due/payable, is called as Maturity.
104. Which of the following are the instruments not entitled for days of grace (no grace period)…
a) Cheque
b) Sight Bill
c) On Demand Pronote
d) Bill of Exchange or Pronote, on which no time/date is mentioned
e) All of the above
Explanation
Cheque has a validity of 3 months from its date of preparation but is payable even on the date mentioned
on it, Sight bill is also the bill for immediate payment. On demand pronote/bill is also payable immediately
after its demand. Cheque expires in 3 months of its issue, has no grace period.
108. . If in an instrument the amount undertaken or ordered to be paid is stated differently in figures and in
words…
a) the instrument is void due to uncertainty
b) the amount stated in figure shall be the amount undertaken or ordered to be paid
c) the amount stated in words shall be the amount undertaken or ordered to be paid
d) none of the above.
The Negotiable Instruments must be freely transferable and unconditional from the make to the
received/bearer.
110. The main advantage of ..............is that company can save underwriting expenses.
(A) shelf prospectus (B) red herring prospectus
(C) abridged prospectus (D) deemed prospectus
112. Not less than........ Days notice for a general meeting of a company must be given.
(A) 10 (B) 15 (C) 21 (D) 30
113. The minimum number of members that must be present at a valid meeting is called………
(A) simple majority (B) quorum
(C) proxy (D) none of these
115. A special resolution is one to pass with the votes cast in favour must be ............ times the votes cast
against it.
(A) 2 (B) 3 (C) 4 (D) 6
116. A special resolution must be filed with the registrar for registration within ....... days.
(A) 10 (B) 15 (C) 21 (D) 30
122. As per Sec 439, who can file a petition to the tribunal for winding up?
(A) The registrar. (B) Company.
(C) Contributory. (D) Any one of these.
123. As per Sec.444 when the Tribunal makes an order for the winding up it should be communicated
within two weeks to.
(A) Official liquidator. (B) Company.
(C) Central Government. (D) National Company Law Board.
125. Tribunal may appoint the official liquidator to be the liquidator provisionally at any time.
(A) After the presentation of petition for winding up.
(B) After making the winding up order.
(C) After dissolution.
(D) Before the statutory meeting.
126. The official liquidator after receipt of statement of affairs of the company must submit a preliminary
report to the Tribunal not later than ................. of the order.
(A) 6 month. (B) one year.
(C) two weeks. (D) one month.
127. On a winding up order being made, the company’s property comes under the custody of.
(A) Liquidator. (B) Tribunal.
(C) Central Government. (D) Share holders.
128. As per Sec.457, the statutory powers of the liquidator can be exercised.
(A) With the sanction of Tribunal.
(B) Without the sanction of the Tribunal.
(C) Some with and some without such sanction.
(D) With the sanction of the Central Government.
PRACTICE SETS’
1. Which of the following is correct?
a. Indian Contract Act 1882 b. Indian Contract Act 1972
c. Indian Contract Act 1872 d. Indian contract Act 1888
6. A contract is
a. agreement + offer b. agreement + consideration
c. agreement + enforceable by law d. none of the above
8. A contract creates
a. right in personam b. rights in remuneration
c. only rights with no obligation d. only obligations and no rights
10. When one person signifies to another his willingness to do or to abstain from doing anything with a
view to obtaining the assent of that other person to such act or abstinence, he is said to make a
a. proposal b. promose
c. contract d. none of these
11. A offers to sell B his car for Rs 200000. C standing nearby says, ‘I will take it of B does not take it. ‘B is
not interested in the car. What will be the position of C says to A, ‘here is the money, I take the car,
a. there is a contract between A and C b. There is no contract between A and C
c. A may or may not accept the offer d. Both b and c
16. Where the parties to a contract are under the mistake as to matter of fact essential to the agreement,the
agreement is
a. voidable at the option of the party making the proposal
b. voidable at the option of the party accepting the proposal
c. considered valid
d. void
19. Which of the following is not a necessary feature for free consent?
a. when the consent is not caused by coercion
b. when the consent is not caused by undue influence
c. when the consent is not caused by mistake
d. when the consent is not caused by misunderstanding
21. A contract is discharged on account of change of circumstances where the performance becomes
a. virtually impossible b. extremely difficult or hazardous
c. temporarily impossibility d. both a and b
22. when after the formation of a valid contract, an event happens which makes the performance of
contract impossible, the contract becomes
a. voidable b. void
c. valid d. illegal
25. Which of the following impossibility is the ground for discharge of contract?
a. initial impossibility b. supervening impossibility
c. both a and b d. none of the above
29. If a person who is incapable of entering into a contract is supplied with necessaries by another person,
then the latter shall
a. be reimbursed for such supplies by a relative of the incapable person and that relative must be capable of
contracting
b. be reimbursed for such suppliers from the property of such incapable person
c. be reimbursed for such supplies from the property of such incapable person
d. not entitled to be reimbursed at all
30. A owes Rs 10000 to B under a contract. It is agreed between A, B and C that B shall hence forth accept C
as his debtor instead of A for the same amount. Old debt of A is discharged and a new debt from C to B is
contracted. This is
a. alteration of contract b. rescission of contract
c. novation of contract d. charge in contract
31. In which of the following cases, the contract is not discharge on the ground of subsequent impossibility?
a. death of promisor b. charge of law
c. commercial hardships d. destruction of subject matter
32. A agreed to let a room to B for holding music shows on a certain dates. Before any show wars organized
the room has destroyed in an accidental fire. In this case, the contract becomes
a. void and is discharged b. voidable at As option
c. void but not discharge d. voidable at B s option
33. A owes B Rs 5000, C pays to B Rs 100 and B accepts them, in satisfaction of his claim on A. What is the
status of payment?
a. this payment is a partial discharge of the whole claim
b. this payment is a discharge of the whole claim
c. this payment is not a discharge of the whole claim
d. none of the above
36. In which of the following cases, a contract is discharge on the ground of frustration or subsequent
impossibility?
a. outbreak of war b. change of law or government policy
c. both a and b d. none of the above
37. A agreed to supply certain goods to B which to be procured from Cs factory. Due to strike is Cs factory,
A could not supply the goods. The contract
a. becomes void on account of impossibility
b. becomes voidable on account of difficulty
c. is discharged on account of impossibility
d. is not discharged on account of impossibility
39. When there is breach of contract, the party which aggrieved by breach is entitled for
a. compensation against the breacher
b. nothing
c. registration of criminal case against the breacher
d. none of the above
43. In case of breach of contract, which of the following remedy is available to the aggrieved party?
a. suit for recission b. suit for damages
c. suit for specific performance d. all of the above
44. In case of breach of contract of sale of some rare article or thing for which there is no substitute in the
market, the court may grant
a. quantum meruit b. rescission
c. injuction d. specific performance
45. When a contract is breached, the party who suffers such breach shall
a. be indemnified for the loss or damage caused to him
b. receive compensation for any loss or damage caused to him
c. be remunerated for the loss or damage caused to him
d. not have any right under the act
49. A person supplying necessaries to an incompetent person (such as a minor or lunatic) is entitled to
reimbursed from the property of such person on the basis of
a. valid contract b. quasi contract
c. vaidable contract d. contingent contract
50. In which of the following circumstances, the quasi contractual obligations arise?
a. liability of a finder of goods
b. compensation of none-gratiuitous acts
c. recovery of payments made by interested persons
d. all of the above
51. A person supplying ‘necessaries’ to an incompetent person is entitled to be reimbursed from the
a. incompetent person personaly b. parents of incompetent person
c. property of incompetent person d. funds with the state government
52. A supplies to B, a lunatic, the necessaries, suitable to his condition in life. In this case
a. B is personality liable to pay b. B property is liable
c. B parents are personally liable d. if B property is not sufficient to reimburse, than he is
personally liable
53. Mr As property was wrongfully advertised for sale for recovery of government revenue due from B. In
order to save his property, Mr A paid the government dues. In this case, Mr A is entitled to recover the
amount of dues paid by him from Mr B on the basis of
a. government contract b. valid contract
c. quasi contract d. none of these
54. Which of the following expression is used in the Indian Contract Act in the part dealing with quasi
contracts?
a. quasi contractual obligations
b. certain relations of quasi contractual obligations
c. certain relations resembling those created by contract
d. obligations in the absence of actual contact
55. When a party of the contract fails to perform a contract within the fixed time
a. such contract remains valid provided the promise is fulfilled whether at the time of performance or later
b. such a contact becomes void
c. such contract becomes voidable at the option of the promise if the intention of the parties was that time
28 | Page Prepared by Uma kant(SRF, Research Scholar “LU”, MBA, MCom)
should be of essence of the contract
d. such a contract becomes voidable at the option of the promises or promise and the intention of the
parties does not matter
56. A, a singer, enters into a contract with B. the manager of a theatre, to sing at his theatre two nights in
every week during the next two months and B engages to pay her Rs 1000 for each nights performance. On
the 6th night, A willfully absent herself from the theatre.
a. B is at libertu to put an end to the contract
57. A seaon article marked price Rs 50 in Neha’s shop, Sonal offers Neha Rs 50 for the article. Neha refuses
to sell saying the article is not for sale. Advice Sonal.
a. Sonal cannot force Neha to sell the article at Rs 50
b. Sonal can force Neha to sell the article at Rs 50
c. Sonal can claim damages
d. Sonal can sue Neha in the court
59. Mr X a builder, contracts to erect and finish a house by the 1st January, in order that Mr B may give
possession of it at that tome to Mr C, to whom Mr B has contracted to let it. Mr A is informed of the contract
between Mr B and Mr C. Mr A builds the house so badly that, before the 1 st January, it falls down and has to
be rebuild by Mr B, who in consequence, loses the rent which he have received from Mr C and is obliged to
make compensation to Mr C for the breach of his contract.
a. Mr A must make compensation to Mr B for the cost of rebuilding the house
b. Mr A must take compensation to Mr B for the rent lost
c. Mr A must make compensation to Mr for the compensation made to Mr C
d. all of the above
60. Mr A advertises in daily newspaper that he will give a prize of Rs 90000 to the first person to swim the
English channel and back during the month of August. F, who read the advertisement, sets off from Dower
on 1st August and reaches the coast of France on 2nd August. On that day, a further advertisement appears in
the same newspaper stating that the offer of the prize has been withdrawn. On 3rd august, F completes the
return swim to England can F recover the prize.
a. yes, as the second advertisement is ineffective as for as F is concerned
b. no, as the offer was revocated
c. F can only claim for damages
d. none of the above
61. Which of these contracts has three parties consisting of creditor, principle debtor and surety?
a. contract of indemnity b. contract of surety
c. contract of pledge d. contract of guarantee
62. Any guarantee which the creditor has obtained by means of keeping silence as to material
circumstances is
a. valid b. considered to be his approval
c. invalid d. considered to be his denial
63. Where a person pledge goods in which he has only a limited interest, the pledge is
a. invalid to the extent of that interest b. entire contract is invalid
c. valid to the extent of that interest d. entire contract is valid
66. A contracts to pay B a sum of money when B marries C. C dies without being married to B.
a. the contract still can be forced b. the contract becomes void
c. either a or b d. none of the above
70. A sub-bailee is a person to whom the actual possession of goods is transferred by someone
a. who is not himself not an owner of goods
b. who has a present right to possession of them as bailee of the owner
c. both a and b
d. none of the above
73. a transfers possession or custody of the farmland to his son ‘P’. P shall pay rent or a lease fee in return P
only receives custody and control of the property, but A still iwns it. A is thus responsible for paying the
property taxes and is liable for what happens on the land. This kind of contrat or arrangement is called
a. guarantee b. bailment c. pledge d. set off
76. Which of the following statement is correct with regard to the termination of agency in which the agent
himself has an interest in the subject matter?
a. such an agency can be terminated by the principal at his will
b. such an agent can be terminated on the death or insanity of the principal
c. such an agency cannot be terminated at all
d. such an agency can be terminated only upon an express contract to the said effect
77. A contracts to indemnify B against the consequences of any proceedings which C may take against B in
respect of a certain sum of Rs 500
a. this is contract of indemnity
b. this is not a valid contract of indemnity
c. this is contract of stipulation
d. none of the above
78. A employs B to beat C and agree to indemnify him against all consequences of the act. B thereupon
beats C and to pay damages to C for so doing.
a. A is liable to indemnify B for those damages
b. A is partially liable to indemnify B for those damages
c. A is not liable to indemnify B for those damages
d. none of the above
79. A engages B as clerk to collect money for him. B fails to account for some of his receipts and A in
consequence calls upon him to furnish security for his duly accounting. A does not acquaint C with Bs
previous conduct. B afterwards makes default.
a. the guarantee is not invalid b. the guarantee is partly invalid
c. the guarantee is invalid d. none of the above
80. The extent of an agents authority, whether express or implied, depends upon
a. the nature of act or business for which he has been appointed
b. things which are incidental to the business or are usually done in carrying it out
c. the usual customs and usages of the trade
d. all of the above
81. subject to a contract between the partners, the firm shall indemnify a partner is respect to payments
made and liabilities incurred by him.
a. in the ordinary and proper conduct of the business
b. in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by
a person of ordinary prudence, in his won case, under similar circumstances.
c. both a and b
d. none of the above
82. termination of an agency with public authority or a public body may attract judicial intervention in writ
petition
a. if the termination be unreasonable b. if the termination be arbitrary
c. if the termination be unconscionable d. all of the above
83. A directs B, his solicitot, to sell his estate by auction and so employ an auctioneer for the purpose. B
names C, an auctioneer to conduct the sale.
a. C is a sub agenct, and A’s sub agent for the conduct to the sale
b. C is not sub agent, but Bs agent for the conduct for the sale
c. C is not a sub agent, but As agent for the conduct of the sale
d. none of the above
32 | Page Prepared by Uma kant(SRF, Research Scholar “LU”, MBA, MCom)
84. A contracts with B to grow a crop of indigo on A’s land and to deliver it to B at a
fixed rate and C guarantee A’s performance of this contract. B diverts a stream of water
which necessary for irrigation of A’s land and thereby presents him from raising the
indigo.
a. A is liable on his guarantee b. A is partly liable on his guarantee
c. A is no longer liable on his guarantee d. None of the above
ANSWERS →
1=C 2=B 3=B 4=A 5=C 6=C 7=A 8=A 9=A 10=A
11=D 12=B 13=A 14=C 15=D 16=D 17=B 18=C 19=D 20=D
21=D 22=B 23=B 24=B 25=C 26=A 27=D 28=D 29=B 30=C
31=C 32=A 33=B 34=C 35=A 36=C 37=B 38=C 39=A 40=A
41=B 42=D 43=D 44=D 45=B 46=D 47=C 48=C 49=B 50=D
51=C 52=B 53=C 54=C 55=C 56=A 57=A 58=A 59=D 60=A
61=D 62=C 63=C 64=C 65=C 66=B 67=C 68=B 69=C 70=C
71=C 72=B 73=B 74=D 75=B 76=D 77=A 78=C 79=C 80=D
81=C 82=D 83=C 84=C 85=C