CIVIL LAW (SET: I) ( MP (HJS) (Preliminary) Examination, 2008 Question and Answers
1. Which judicial pronouncement of the Queen's Bench of England has dealt with the concept of 'General offer'?
( MP (HJS) (Preliminary) Examination, 2008)
(a) Carlill Vs. Carbolic Smoke Ball Co.
2. What is the terminology used to describe a situation when two parties make identical offers to each other ignorant of each other's offer?
( MP (HJS) (Preliminary) Examination, 2008)
(a) Offer
(b) Cross offer
(c) Counter offer
3. What is the remedy available for breach of contract in a case where a person enjoys the benefit of non-gratuitous act although there exists no express agreement between the parties?
( MP (HJS) (Preliminary) Examination, 2008)
(a) Suit for damages
(d) Suit for specific performance
4. Which decision has laid down the principle that contract by a minor is void ab initio?
( MP (HJS) (Preliminary) Examination, 2008)
(b) Mohori Bibi Vs. Dharmodas Ghose
(c) Iswaran Pillai Vs Sonnivaveru
5. In which of the following cases would there be a presumption of undue influence?
( MP (HJS) (Preliminary) Examination, 2008)
(a) Husband and wife
6. What is the term used to describe a guarantee which is intended to cover a number of transactions over a period of time?
( MP (HJS) (Preliminary) Examination, 2008)
7. Section 73 of the Act is based on which of the judicial pronouncement?
( MP (HJS) (Preliminary) Examination, 2008)
(a) Carlill Vs. Carbolic Smoke Ball Co.
(d) Simpson Vs London and North Western Railway
8. A contract of life insurance is a
( MP (HJS) (Preliminary) Examination, 2008)
9. The first case on the 'doctrine' of frustration as decided by the Supreme Court of India is
(MP (HJS) (Preliminary) Examination, 2008)
(a) Basanti Bastralaya Vs River Steam Navigation Co.Ltd.
(b) Raja Dhruv Dev Chand Vs Raja Harmohinder Singh
(c) Sushila Devi Vs Hari Singh
(d) Satyabrata Ghose Vs Mungreeram.
10. 'An acceptance is complete as soon as the letter of acceptance is posted, whether it reaches the offerer or not' which one of the following with regard to the above statement is correct?
( MP (HJS) (Preliminary) Examination, 2008)
(a) According to India law, the rule is valid
(b) According to English law, the rule is valid
(c) Both Indian law and Enlgish law follow the same rule.
(d) None of the above is correct.
11. Which one of the following contracts has time as the essence of the contract?
( MP (HJS) (Preliminary) Examination, 2008)
(a) 'A' contracts with 'B' for the sale of his property.
(b) 'A' contracts to marry 'B' at the earliest.
(c) 'A' contracts to send money to 'B' for B's sustenance in England.
(d) 'A' contracts to buy 'B's house for immediate occupation.
12. Promissory estoppel is sometimes considered as a substitute for
( MP (HJS) (Preliminary) Examination, 2008)
(a) novation.
(b) quasi contract.
(c) consideration.
(d) coercion.
13. A becomes surety to C for B's conduct as a manager of C's bank. Afterwards B and C contract, without A's permission that B shall become liable for one-fourth of the losses on overdaft. B allos a customer to withdraw and the bank losses a sum of money. To make good this loss, A is
(MP (HJS) (Preliminary) Examination, 2008)
(a) Wholly liable
(b) not liable.
(c) liable to the extent of one-fourth.
(d) liable to the extent of three-fourth.
14. Communication of acceptance is complete as against the acceptor
(Haryana Judicial Services Examination, 2011)
(a) When it comes to the knowledge of the proposer.
(b) When it is put in the course of transmission
(c) When it is communicated to the acceptor that the acceptance has reached the proposer.
(d) When the proposer conveys the acceptance to the acceptor
15. An agreement not to pursue any legal remedy to enforce the rights under Section 28 of Contract Act is
( Haryana Judicial Services Examination, 2011)
(a) Valid.
(b) Voidable.
(c) Void
(d) Unenforceable
16. Under Section 73 of the Contract Act
( Haryana Judicial Services Examination, 2011)
(a) special damages cannot be claimed.
17. Where the rate of interest prescribed in case of breach is too high, the Court can interfere
( Haryana Judicial Service Examination, 2011)
(b) on the proof of undue influence.
(c) on the satisfaction that the stipulation is by way of penalty.
18. delay in filing the suit
(Haryana Judicial Service Examination, 2011)
(b) Can be condoned under Section 3 of Limitation Act.
(c) Can be condoned under Order VII, Rule 6 of C.P.C
(d) Can be condoned under Section 5 of Limitation A ct.
19. The delay under Section 5, Limitation Act, 1963, can be condoned on
( Haryana Judicial Services Examination, 2011)
20. A child of void marriage is
( Haryana Judicial Se vices Examination, 2011)
(a) Entitled to an interest in which his father is a co-parcener.
(b) not entitled to an interest in which his father is a co-parcener.
(c) may or may not be entitled to an interest in which his father is a co-parcener.
(d) Entitlement of interest is discretionary to the court.
ANSWERS
1. A 2.B 3. C 4. B 5. A 6. C 7. B 8. C 9. D 10. A 11. D 12. B 13. C 14. B 15. C
16. C 17. C 18. C 19. D 20. B
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