Compensation for Breach of Contract Quiz

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Questions and Answers

What must be taken into account when estimating the loss or damage arising from a breach of contract?

  • The party that caused the breach of contract
  • The means of remedying the inconvenience caused by the non-performance of the contract (correct)
  • The location where the breach of contract occurred
  • The date when the breach of contract took place

Under Section 74, what is a party entitled to receive if a contract stipulates a sum to be paid in case of breach?

  • Compensation based on the actual damages incurred
  • No compensation is provided in such cases
  • Reasonable compensation not exceeding the named amount (correct)
  • Double the named amount as compensation

What does Section 75 of the Arbitration and Conciliation Act 1996 state regarding rightful rescission of a contract?

  • Compensation is only awarded if substantial damage is proven
  • Entitled to compensation for damages sustained from non-fulfillment (correct)
  • Not entitled to any compensation
  • Entitled to double the contract value as compensation

What does the Arbitration and Conciliation Act 1996 emphasize as a preferred option for settling commercial disputes globally?

<p>Arbitration (B)</p> Signup and view all the answers

When did the Arbitration and Conciliation Act 1996 come into effect?

<p>25.01.1996 (B)</p> Signup and view all the answers

When was the Arbitration and Conciliation Act 1996 amended?

<p>Act 3 of 2016 (A)</p> Signup and view all the answers

What is one key feature of the amendment act introduced by Act 33 of 2019?

<p>Establishment of an independent body called the Conciliation Council of India (A)</p> Signup and view all the answers

What does the term 'Arbitration' mean according to the text?

<p>Any arbitration, regardless of being administered by a permanent arbitral institution (C)</p> Signup and view all the answers

How long is the time limit fixed for filing written claim and defense before an arbitral tribunal?

<p>6 weeks (D)</p> Signup and view all the answers

Under Section 8 of the ARBITRATION AND CONCILIATION ACT 1996, what must a judicial authority do when an arbitration agreement exists?

<p>Refer the parties to arbitration (D)</p> Signup and view all the answers

What is required for an arbitration agreement to be valid according to the text?

<p>It must be in writing (B)</p> Signup and view all the answers

What is one aspect of the composition of an arbitral tribunal according to Sections 10 to 12 of ARBITRATION AND CONCILIATION ACT 1996?

<p>The parties can decide on the number of arbitrators (D)</p> Signup and view all the answers

What is the role of the conciliator?

<p>Assisting parties to reach an amicable settlement (D)</p> Signup and view all the answers

What is the status and effect of a settlement agreement according to the text?

<p>It has a similar status as an arbitral award (D)</p> Signup and view all the answers

When is a settlement agreement considered final and binding?

<p>When it is signed by the parties (C)</p> Signup and view all the answers

What happens if parties reach an agreement on a settlement of the dispute?

<p>They can draw up and sign a written settlement agreement (B)</p> Signup and view all the answers

Are conciliators bound by the Code of Civil Procedure?

<p>No, they are not bound by it (A)</p> Signup and view all the answers

What is the status of proposals made by the conciliator for a settlement?

<p>They are not required to be in writing or accompanied by reasons (C)</p> Signup and view all the answers

What is one key feature of the Arbitration and Conciliation Act 1996 amendment introduced by Act 33 of 2019?

<p>Establishment of an independent body called the Arbitration Council of India (B)</p> Signup and view all the answers

Under the Arbitration and Conciliation Act 1996, what is the time restriction for arbitral tribunals to make their award in international commercial arbitrations?

<p>12 months (D)</p> Signup and view all the answers

According to Section 7 of the Arbitration and Conciliation Act 1996, what is required for an arbitration agreement to be valid?

<p>In writing (D)</p> Signup and view all the answers

What does Section 8 of the Arbitration and Conciliation Act 1996 state about referring parties to arbitration when there is an arbitration agreement?

<p>The judicial authority should refer the parties to arbitration (C)</p> Signup and view all the answers

What must a party do if there is an arbitration agreement but the same issue is pending before a judicial authority?

<p>Commence or continue arbitration and make an arbitration award (C)</p> Signup and view all the answers

What is the role of the conciliator according to Sec-67 of the ARBITRATION AND CONCILIATION ACT 1996?

<p>To assist the parties in reaching an amicable settlement. (D)</p> Signup and view all the answers

What status and effect does a settlement agreement have according to Sec-74 of the ARBITRATION AND CONCILIATION ACT 1996?

<p>It is final and binding on the parties like an arbitral award. (B)</p> Signup and view all the answers

Under Sec-73, what happens when parties sign a settlement agreement?

<p>The agreement becomes legally enforceable and binding on the parties. (D)</p> Signup and view all the answers

What is the similarity between a settlement agreement and an arbitral award under Sec-74 of the ARBITRATION AND CONCILIATION ACT 1996?

<p>Both have the same status and effect on the substance of the dispute. (D)</p> Signup and view all the answers

According to Sec-66, what legal provisions bind the conciliator in conciliation proceedings?

<p>The Code of Civil Procedure. (D)</p> Signup and view all the answers

What is the entitlement of a party who rightfully rescinds a contract according to the ARBITRATION AND CONCILIATION ACT 1996?

<p>Reasonable compensation for any damage sustained through non-fulfillment of the contract (C)</p> Signup and view all the answers

What is the status of a settlement agreement as per the ARBITRATION AND CONCILIATION ACT 1996?

<p>Final and binding (B)</p> Signup and view all the answers

When estimating loss or damage from a breach of contract, what must be considered according to the text?

<p>Means available for remedying the inconvenience caused (B)</p> Signup and view all the answers

Under what conditions is a complaining party entitled to receive reasonable compensation under Section 74 of the ARBITRATION AND CONCILIATION ACT 1996?

<p>Regardless of actual damage or loss proved (D)</p> Signup and view all the answers

What is one key feature of arbitration as emphasized in the ARBITRATION AND CONCILIATION ACT 1996?

<p>Preferred option for settling commercial disputes globally (B)</p> Signup and view all the answers

How can conciliation proceedings be terminated according to the text?

<p>By the signing of the settlement agreement by the conciliator (B)</p> Signup and view all the answers

When can conciliation proceedings be terminated by a written declaration of the conciliator according to the text?

<p>After consulting with the parties and finding further efforts at conciliation are no longer justified (B)</p> Signup and view all the answers

What is a key aspect of terminating conciliation according to the ARBITRATION AND CONCILIATION ACT 1996?

<p>A written declaration by parties is mandatory for termination (B)</p> Signup and view all the answers

What action should parties avoid during conciliation proceedings as per the text?

<p>Initiating arbitral or judicial proceedings related to the dispute (D)</p> Signup and view all the answers

How does a misplaced comma in a contract impact its meaning according to the text?

<p>It may subtly change the intended meaning of a complex business arrangement (B)</p> Signup and view all the answers

What is the status of an arbitration agreement in case of the death of a party according to the text?

<p>Not discharged, remains enforceable (B)</p> Signup and view all the answers

How can conciliation proceedings commence according to Section 62 of the Arbitration and Conciliation Act 1996?

<p>By written invitation and acceptance (A)</p> Signup and view all the answers

Under Section 40 of the Act, what happens to the mandate of an arbitrator in case of the death of a party who appointed them?

<p>Arbitrator continues despite party's death (C)</p> Signup and view all the answers

What is the consequence if a party initiating conciliation does not receive a reply within thirty days, as per Section 62 of the Act?

<p>The invitation is considered rejected (B)</p> Signup and view all the answers

What is the effect of an order passed in appeal under Section 3 of the Act on further appeals?

<p>No second appeal allowed, but appeal to Supreme Court is possible (A)</p> Signup and view all the answers

What happens if the parties settle a dispute during arbitral proceedings according to the text?

<p>The arbitrator must terminate the proceedings and may record the settlement in the form of an Arbitral Award. (B)</p> Signup and view all the answers

What is the status and effect of an Arbitration award on agreed terms as per the text?

<p>It has the same status and effect as any other arbitral award. (D)</p> Signup and view all the answers

What should be included in an Arbitration award unless it is based on agreed terms according to the text?

<p>The reasons upon which it is based. (D)</p> Signup and view all the answers

What happens if an arbitral award is not made within six months according to the text?

<p>The provisions of section 29A apply with regard to extension of the period. (A)</p> Signup and view all the answers

What may an arbitrator do during arbitral proceedings to encourage settlement according to the text?

<p>Use mediation or conciliation. (C)</p> Signup and view all the answers

What is the significance of Section 19 of the Arbitration and Conciliation Act 1996 in terms of the rules of procedure?

<p>It allows the Arbitrator to determine the admissibility and weight of evidence at their discretion. (B)</p> Signup and view all the answers

Under Section 20 of the Arbitration and Conciliation Act 1996, how is the place of arbitration determined?

<p>The place is determined by the Arbitrator based on the circumstances and parties' convenience if no agreement is reached. (C)</p> Signup and view all the answers

What is the requirement under Section 23 for respondents in an arbitral proceeding?

<p>To submit all relevant documents along with their statement. (B)</p> Signup and view all the answers

What does Section 18 of the Arbitration and Conciliation Act 1996 emphasize regarding the treatment of parties?

<p>Parties shall be treated equally and provided with a full opportunity to present their case. (C)</p> Signup and view all the answers

What happens if parties do not agree on a place for arbitration according to Section 20?

<p>The Arbitrator determines the place based on circumstances and parties' convenience. (D)</p> Signup and view all the answers

In terms of the procedure to be followed during arbitral proceedings, what happens if there is no agreement between parties under Section 19?

<p>The Arbitrator may conduct proceedings as they deem appropriate including determining admissibility and weight of evidence. (D)</p> Signup and view all the answers

What is the role of parties in determining the rules of procedure according to Section 19?

<p>Parties are free to agree on the procedure to be followed by the Arbitrator. (C)</p> Signup and view all the answers

Under Section 20, what freedom do parties have regarding the place of arbitration?

<p>'Parties can freely agree on the place of arbitration.' (D)</p> Signup and view all the answers

'What is required from claimants according to Section 23 during an arbitral proceeding?'

<p>'Claimants shall submit a statement of facts supporting their claim along with relevant documents.' (B)</p> Signup and view all the answers

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