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INTERVIEW QUESTIONS MERCANTILE LAW NATURE OF CONTRACTS DETAILS

Question: For a binding contract both the parties to the contract must:
(a) Agree upon the same thing in the same sense
(b) Put the offers and counter offer
(c) Stipulate their individual offer and consideration
(d) Not agree with each other

Answer: (a) Agree upon the same thing in the same sense
Description: As per Section 13, "two or more parties are said to have consented when they agree upon the same thing in the same sense i.e, consensus - ad- idem". It is an essential element that is required to make a valid contarct. Putting the offers and counter offer results in rejection of the original offer.

Category Nature of contracts Interview Questions & Answers - Exam Mode / Learning Mode
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Question: For a binding contract both the parties to the contract must:
(a) Agree upon the same thing in the same sense
(b) Put the offers and counter offer
(c) Stipulate their individual offer and consideration
(d) Not agree with each other


Answer:

(a) Agree upon the same thing in the same sense
Description: As per Section 13, "two or more parties are said to have consented when they agree upon the same thing in the same sense i.e, consensus - ad- idem". It is an essential element that is required to make a valid contarct. Putting the offers and counter offer results in rejection of the original offer. Source: CoolInterview.com



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Related Questions
View Answer
A offers to sell his house to B, who agrees to purchase it subject to approval by B's solicitors. Which one of the statements is correct?
(a) B's statement is absolute and unqualified
(b) B's statement is not absolute and unqualified
(c) B's statement is absolute but qualified
(c) All the above statements are correct
View Answer
a voidable contract is one which is ______________.
(a) Not enforceable by either of the parties thereto
(b) Enforceable by either of the parties thereto
(c) Enforceable only with the permission of the court
(d) Enforceable at the option of one of the parties thereto
View Answer
A contract where the consent of the one of the parties has been obtained by undue influences, will become _____________
(a) Void and cannot be enforced
(b) Voidable at the option of the party whose consent has been obtained by undue influence
(c) Valid provided it is approved by court of law
(d) An illegal contract
View Answer
Yatra travels operates AC buses from Mumbai to Nasik. The bus is standing at the bus stop in Mumbai waiting for passengers travelling to Nasik and is ready for departure. There is an __________ for passengers to board.
(a) Internal Offer
(b) External Offer
(c) Express Offer
(d) Implied Offer
View Answer
When offer is made to a definite person, it is known as
(a) Special Offer
(b) Counter Offer
(c) Cross Offer
(d) General Offer
View Answer
In telephonic conversation, the acceptance is completed when:
(a) The words are heard by the offeror
(b) The words are spoken by the offeree
(c) The words are heard and action is taken
(d) None of these
View Answer
A prospectus issued by a company for subscription of its share and debentures is:
(a) An invitation to make an offer to buy
(b) An express offer to sell the share/ debentures
(c) Implied offer to sell the share/ debenture
(d) None of the above
View Answer
All agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared as _____ by law.
(a) Valid
(b) Void
(c) Lawful
(d) Forceable
View Answer
A contract known by conduct of parties.
(a) Implied contract
(b) Express contract
(c) Unilateral contract
(d) Tacit contract
View Answer
A one- sided contract in which only one party has to perform his promise called
(a) Bilateral contract
(b) Executory contract
(c) Unilateral contract
(d) Executed contract
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A sells some smuggled goods at Rs. 100. The contract is void on the ground:
(a) Illegality
(b) Opposed to public policy
(c) Fraudulent
(d) None of the above
View Answer
A sells some smuggled goods at Rs. 100. The contract is void on the ground:
(a) Illegality
(b) Opposed to public policy
(c) Fraudulent
(d) None of the above
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A price list belongs to the category of:
(a) An offer
(b) An invitation to offer
(c) Answer to a querry
(d) Acceptance of an offer
View Answer
A asks B a watch repairer to repair his watch without forming any contractual relationship, still a legal relationship has arisen and it will create _____________
(a) Express Contract
(b) Implied Contract
(c) Tacit Contarct
(d) Formal Contract
View Answer
Which of the following is false? An offer to be valid must:
(a) Contain a term the non compliance of which would amount to acceptance
(b) Be certain and definite
(c) Be capable of creating legal relations
(d) Be communicated to the person to whom offer is made
View Answer
Cash withdrawn through ATM of a bank is:
(a) Unilateral Contract
(b) Tacit Contract
(c) Executed Contract
(d) Executory Contract
View Answer
B sends acceptance through telegram to A and it was lost in transit due to mishandling of postman. The contract is:
(a) Voidable
(b) Valid
(c) Void
(d) Illegal
View Answer
A sent a proposal for sale of goods to B through a letter. However letter was still in transit. A sent the letter of revocation of offer to B which was received by B before the first letter reached B.
(a) The contract is valid
(b) The revocation is valid as it reached B before the first letter reached B
(c) The contract is void
(d) None of these
View Answer
B's son is lost. A goes in search of B's son. Meanwhile, B makes an offer to pay Rs. 1,000 to the finder of his son. A finds B's son. Can A claim Rs.1,000 from B?
(a) Yes, A has found B's son
(b) No, A had no knowledge of the offer
(c) No, A is hired by B
(d) None of these
View Answer
X invites Y for his son's wedding. Y accepts the invitation. In this case there is an agreement but no contract since
(a) There is no consideration
(b) There is no iintention to create legal relationship
(c) There is no written document
(d) There is no formal acceptance of the offer
View Answer

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Latest 20 Questions
Payment of time- barred debt is: (a) Valid (b) Void (c) Illegal (d) Voidable
Consideration is defined in the Indian Contract Act,1872 in: (a) Section 2(f) (b) Section 2(e) (c) Section 2(g) (d) Section 2(d)
Which of the following is not an exception to the rule, "No consideration, No contract": (a) Natural love and affection (b) Compensation for involuntary services (c) Completed gift (d) Agency
Consideration must move at the desire of: (a) The promisor (b) The promisee (c) The promisor or any other party (d) Both the promisor and the promisee
An offer which is open for acceptance over a period of time is: (a) Cross Offer (b) Counter Offer (c) Standing Offer (d) Implied Offer
Specific offer can be communicated to__________ (a) All the parties of contract (b) General public in universe (c) Specific person (d) None of the above
_________ amounts to rejection of the original offer. (a) Cross offer (b) Special offer (c) Standing offer (d) Counter offer
A advertises to sell his old car by advertising in a newspaper. This offer is caleed: (a) General Offer (b) Special Offer (c) Continuing Offer (d) None of the above
In case a counter offer is made, the original offer stands: (a) Rejected (b) Accepted automatically (c) Accepted subject to certain modifications and variations (d) None of the above
In case of unenforceable contract having some technical defect, parties (a) Can sue upon it (b) Cannot sue upon it (c) Should consider it to be illegal (d) None of the above
If entire specified goods is perished before entering into contract of sale, the contract is (a) Valid (b) Void (c) Voidable (d) Cancelled
______________ contracts are also caled contracts with executed consideration. (a) Unilateral (b) Completed (c) Bilateral (d) Executory
A offers B to supply books @ Rs 100 each but B accepts the same with condition of 10% discount. This is a case of (a) Counter Offer (b) Cross Offer (c) Specific Offer (d) General Offer
_____________ is a game of chance. (a) Conditional Contract (b) Contingent Contract (c) Wagering Contract (d) Quasi Contract
There is no binding contract in case of _______ as one's offer cannot be constructed as acceptance (a) Cross Offer (b) Standing Offer (c) Counter Offer (d) Special Offer
An offer is made with an intention to have negotiation from other party. This type of offer is: (a) Invitation to offer (b) Valid offer (c) Voidable (d) None of the above
When an offer is made to the world at large, it is ____________ offer. (a) Counter (b) Special (c) General (d) None of the above
Implied contract even if not in writing or express words is perfectly _______________ if all the conditions are satisfied:- (a) Void (b) Voidable (c) Valid (d) Illegal
A specific offer can be accepted by ___________. (a) Any person (b) Any friend to offeror (c) The person to whom it is made (d) Any friend of offeree
An agreement toput a fire on a person's car is a ______: (a) Legal (b) Voidable (c) Valid (d) Illegal



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