The Indian Contract Act, 1872 – Free Consent 0 The Indian Contract Act, 1872 - Free Consent 1 / 30 Q.30 Which of the following is true ? The threat to commit suicide does not amounts to coercion Undue Influence involves use of physical pressure Ignorance of the law is no excuse Silence always amounts to fraud 2 / 30 Q.29 A wrong representation when made without any intension to decide the other party amounts to Coercion Undue Influence Fraud Misrepresentation 3 / 30 Q.28 The threat to commit suicide amounts to Coercion Undue Influence Fraud Misrepresentation 4 / 30 Q.27 When the consent of a party is obtained by fraud ,the contract is Void Voidable Valid Illegal 5 / 30 Q.26 Consent is not said to be free when it is caused by Coercion Undue Influence Fraud All of these 6 / 30 Q.25 When the consent of a party is not free,the contract is Valid Void Voidable Illegal 7 / 30 Q.24 D was infected by disease. B his medical attendant influenced him to agree to pay B an unreasonable sum of his professional services. D's consent is not free and based on undue influence. This contract is - Void Illegal Valid Voidable 8 / 30 Q.23 Which of these constitute essential elements of fraud ? representation should relate to a material fact, which exist or had existed in the past representation should be false & should be made before conclusion=on of contract the intention must be to induce the other party to act upon it All of these 9 / 30 Q.22 Coercion is the committing or threatening to commit any act forbidden by the Indian Penal Code the unlawful detaining or threatening to detain, any property ,to the prejudice of any person whatever Either (a) or (b) neither (a) nor (b) 10 / 30 Q.21 Candy vs Lindsay Case deals with Coercion undue influence mistake as to nature of transaction mistake as regards identity 11 / 30 Q.20 H sells a horse to G knowing well that the horse is vicious H does not disclose the nature of the horse to G .Can X be made liable to G for the transaction ? Yes NO Not possible to answer with the available information the Indian Contract Act is silent on such issue 12 / 30 Q.19 A mere attempt at deceit by one party is not fraud unless the other party is actually deceived is fraud whether the other party has been deceived or not amounts to misrepresentation amount of undue influence 13 / 30 Q.18 to be covered under misrepresentation ,statement must be wrong ,but the person making it believed it to be true TRUE Partly True FALSE None of these 14 / 30 Q.17 A person to whom money has been paid or anything delivered by mistake or under coercing ,must repay or return it TRUE Partly True FALSE None of these 15 / 30 Q.16 Mere silence is not fraud unless the silence is deceptive there is a change in the circumstances to be brought to the notice of other party there is a duty to speak All of these 16 / 30 Q.15 If a discipline agrees to gift to his spiritual Guru, his entire property in return for attainment of salvation ,the agreement can be set aside on ground of mistake undue influence misrepresentation fraud 17 / 30 Q.14 where the misrepresentation is intentional , deliberate & willful, with an intent to deceive the other party ,such misrepresentation = Fraud TRUE Partly True FALSE None of these 18 / 30 Q.13 The aggrieved party can rescind the contract on account of fraud. Can he also claim damages from the other party ? Yes NO Not possible to answer with the available information the Indian Contract Act is silent on such issue 19 / 30 Q.12 If the contract is avoided on grounds of _________it is at the discretion of the court to direct the aggrieved party to restore or refund the benefit received Coercion undue influence misrepresentation fraud 20 / 30 Q.11 Which of the following acts does not fall under the categories of fraud ? Intentional false statement of facts Active concealment of facts Innocent false statement Promise made without intention to perform 21 / 30 Q.10 A's son had forged B's name to a promissory note. B under threat of prosecuting A's son ,obtains a bond from A for the amount of the forged note .B sues on bond .will he succeed ? Yes NO partly Yes None of these 22 / 30 Q.9 Agreement with a view to defraud others is Valid void Voidable illegal 23 / 30 Q.8 A falsely represents to B that 500 tonnes of cement are made annually at A's factory & thereby induces B to buy the factory .the contract is voidable at A's option at B's option Either (a) or (b) not voidable at all 24 / 30 Q.7 _______is the term used in English law to denote actual or threatened violence over the person or another including his wife ,parents or child ,with a view to obtain his consent to an agreement Coercion undue influence misrepresentation Duress 25 / 30 Q.6 If by an agreement a person is bound to do something which is against his personal or professional duty ,or which intervenes in another 's personal or professional interest is Valid void Voidable Any of these 26 / 30 Q.5 Moral pressure is involved in the case of Coercion undue influence misrepresentation fraud 27 / 30 Q.4 A being indebted to B ,the money -lender of his village ,contracts a fresh loan on terms which appears to be unconscionable .will it be presumed that the contract was induced by the undue influence ? Yes no partly Yes None of these 28 / 30 Q.3 When the consent to an agreement is obtained by coercion ,the agreement is voidable at the option of either party to the agreement a party who consent was so obtained a party who obtained the consent None of these 29 / 30 Q.2 A ,enfeebled by disease or age ,is induced by B ,his attendant to agree to pay B an unreasonable sum for his professional services .Can B enforce the agreement ? Yes NO partly Yes None of these 30 / 30 Q.1 A ' acquired certain goods from 'C' by falsely representing that he was acting on behalf of 'B' & was authorized to collect the goods .'A' later sold the goods to 'D'.is the sale valid ? The sale is valid as ' D' is not supposed to inquire the status of 'A' as a seller The sale is valid because ' D' has purchased the goods in good faith The sale is valid as ' A' has acquired the good by way of fraud The sale is not valid because it's a sale by non-owner & therefore , ' D ' , the buyer ,will not acquire any good title of the goods Your score is LinkedIn Facebook Twitter VKontakte