Indian Contract Act 1872 Quiz

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Questions and Answers

What is the legal status of a promise made without consideration?

  • It is void unless made in writing and registered. (correct)
  • It is valid with verbal agreement.
  • It is always enforceable.
  • It is automatically binding.

In which situation can a promise be deemed valid even if it lacks consideration?

  • When the promise is in the public interest.
  • If one party promises a favorable outcome.
  • If both parties agree verbally.
  • When it involves natural love and affection. (correct)

What must be proven for a promise related to natural love and affection to be enforceable?

  • It must have a witness present.
  • It needs to be in writing, registered, and signed. (correct)
  • It requires a monetary value.
  • The promise must be communicated in person.

Why is the promise made to pay an additional amount to a lawyer for a successful lawsuit considered void?

<p>The lawyer had a pre-existing obligation. (A)</p> Signup and view all the answers

What is required for consideration to be deemed enforceable?

<p>It cannot be uncertain or ambiguous. (D)</p> Signup and view all the answers

Which of the following obligations can be enforceable even without consideration?

<p>A written promise to a relative out of affection. (D)</p> Signup and view all the answers

What principle governs the enforceability of an agreement made without consideration?

<p>Agreements must always have some form of consideration. (A)</p> Signup and view all the answers

What characterizes consideration that is 'uncertain' in a legal context?

<p>It cannot be quantified or specified. (D)</p> Signup and view all the answers

What happens to an offer if the specified time for acceptance has expired?

<p>The offer lapses. (C)</p> Signup and view all the answers

Which condition does not cause an offer to lapse?

<p>The offeree waits for ten days after receiving the offer. (C)</p> Signup and view all the answers

If a counter offer is made, what happens to the original offer?

<p>The original offer lapses. (A)</p> Signup and view all the answers

What is required for 'Acceptance' to be considered valid?

<p>The offeree must have a clear intention to accept the offer. (C)</p> Signup and view all the answers

Acceptance of an offer cannot be considered valid if:

<p>The terms of acceptance are different from the original offer. (A)</p> Signup and view all the answers

Which of the following is NOT a mode through which an offer can lapse?

<p>Acceptance by silence. (A)</p> Signup and view all the answers

What defines a 'Tender' in the context of an invitation to offer?

<p>A tender is a response to an invitation to offer. (D)</p> Signup and view all the answers

Under which circumstance does an offer not lapse due to the acceptance process?

<p>When the offeree does not know about the death of the offeror. (D)</p> Signup and view all the answers

Which of the following scenarios best illustrates past consideration?

<p>A saved B's house from a fire, and in gratitude, B promised to pay A $1000. (A)</p> Signup and view all the answers

In the case of Chinnaiya V/s Rammaiya, who was considered to have provided consideration?

<p>The old lady, as she provided consideration through her gift to D. (B)</p> Signup and view all the answers

Which statement accurately describes future consideration?

<p>It will occur after the contract is finalized. (A)</p> Signup and view all the answers

What does it mean when consideration is said to be adequate?

<p>The law does not require its sufficiency, only that it is present. (A)</p> Signup and view all the answers

Which of the following would NOT be considered real consideration?

<p>A who promises to resurrect B's deceased wife for a payment of Rs 50. (C)</p> Signup and view all the answers

Which type of consideration occurs simultaneously with a promise?

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

What is a key requirement for consideration in a contract?

<p>It should be realistic and capable of being performed. (A)</p> Signup and view all the answers

In legal terms, consideration that is based on a promise made for something that happened in the past is known as:

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

What happens to a debt that remains unpaid for a period of 3 years?

<p>It is legally considered time barred. (D)</p> Signup and view all the answers

Under which condition can an agent's appointment be valid according to the Indian Contract Act?

<p>Consideration is not immediately necessary at the time of appointment. (B)</p> Signup and view all the answers

What is a valid characteristic of gifts made under the Indian Contract Act?

<p>They are valid even without any consideration. (D)</p> Signup and view all the answers

What does 'Privity of Contract' imply?

<p>Only parties involved in the contract can sue. (D)</p> Signup and view all the answers

What is an exception to the doctrine of 'Privity of Contract'?

<p>Promises made to charitable organizations can be enforced. (C)</p> Signup and view all the answers

In the case of a debt owed by A to B, if A sells property to C who promises to pay A's debt, what is the outcome if C defaults?

<p>B cannot sue C because he is a stranger to the contract. (A)</p> Signup and view all the answers

What section of the Indian Contract Act discusses the necessity of consideration in creating an agency?

<p>Section 185 (D)</p> Signup and view all the answers

Why might it be important to have consideration in a contract according to traditional contract law?

<p>It establishes a legal basis for obligations. (D)</p> Signup and view all the answers

What happens if one party wrongfully refuses to accept the performance of a contract?

<p>The promisor is exempted from performing the contract. (B)</p> Signup and view all the answers

Which of the following is NOT a mode of dissolving a contract by mutual consent?

<p>Impossibility (C)</p> Signup and view all the answers

In the context of contract discharge by remission, what does it mean?

<p>Accepting a lesser amount than originally agreed. (A)</p> Signup and view all the answers

What is meant by 'waiver' in the context of contracts?

<p>Renouncing a right which leads to discharge of liability. (C)</p> Signup and view all the answers

Which of the following causes a contract to be discharged due to impossibility?

<p>The death of one of the parties involved. (D)</p> Signup and view all the answers

What does 'accord and satisfaction' imply in contract law?

<p>Accepting a lesser amount than what was originally agreed. (A)</p> Signup and view all the answers

Under what circumstance is a contract automatically discharged?

<p>When performance cannot be achieved due to impossibility. (C)</p> Signup and view all the answers

Which mode of dissolving a contract involves creating an entirely new contract?

<p>Novation (C)</p> Signup and view all the answers

What occurs when one party to a contract becomes physically or mentally incapable of performing their duties?

<p>The contract is discharged. (D)</p> Signup and view all the answers

Which event does NOT result in the discharge of a contract according to the specified principles?

<p>Minor adjustments in contract terms (B)</p> Signup and view all the answers

If war is declared between two countries whose citizens are parties to a contract, what happens to the contract?

<p>It is discharged due to impossibility. (C)</p> Signup and view all the answers

What happens to a contract if one party is declared insolvent before its performance?

<p>The contract is discharged due to impossibility. (A)</p> Signup and view all the answers

What type of breach occurs when a promisor informs the promisee that they will not keep their promise before the performance date?

<p>Anticipatory breach (D)</p> Signup and view all the answers

Which event does NOT typically lead to the discharge of a contract?

<p>A change in business management (C)</p> Signup and view all the answers

In the event of an actual breach of contract, what is the right of the non-breaching party?

<p>They are discharged from their liabilities. (A)</p> Signup and view all the answers

What is the consequence if the subject matter of a contract is destroyed before performance?

<p>The parties are discharged from liabilities. (A)</p> Signup and view all the answers

Flashcards

Offer Lapse

When an offer ends and can no longer be accepted.

Time Limit (Offer)

The specified period for accepting an offer. If not given, it's a reasonable time.

Unfulfilled Condition

The offer ends if one or more of the conditions in the offer for acceptance are not met.

Death/Insanity

An offer lapses if the offerer or offeree dies or becomes insane before acceptance.

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Rejection (Offer)

The refusal of the offer by the recipient; an offer ends if rejected.

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Counter Offer

A new offer made in response to an earlier one, effectively rejecting the original offer.

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'Acceptance' (contract law)

The positive and agreeing reply by the offeree to a valid offer.

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Revocation (of an offer)

The withdrawal of an offer by the offerer, before it is accepted.

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Consideration moving from another person

Agreement is valid if consideration is provided by someone other than the parties involved in the promise exchange. The person providing consideration does not need to be the direct recipient of the promise.

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Past consideration

Consideration given before the promise is made. It does not support the promise's enforceability.

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Present consideration

Consideration given at the same time as the promise is made.

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Future consideration

Consideration given after the promise is made, with future action.

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Adequacy of consideration

The law doesn't require consideration to be equivalent in value; parties decide the value.

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Real consideration

Consideration must be something tangible, realistically possible, and legally attainable.

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Physical impossibility (consideration)

A promise that cannot be physically fulfilld

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Legal impossibility (consideration)

A promise that is against the law or beyond legal ability for performance

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Consideration in Contract

Something of value exchanged between parties to a contract; must be present for a contract to be valid.

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Void Contract (No Consideration)

A contract with no valid consideration is unenforceable by law.

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Uncertain Consideration

A contract where the value of the exchange is unclear or cannot be determined.

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Pre-existing Duty

A promise to do something already legally obligated to do is not valid consideration.

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Illegal Consideration

A contract with an illegal consideration is void and unenforceable.

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Natural Love and Affection

An exception to the requirement of consideration; a gratuitous promise between close relatives can be enforceable if in writing and registered.

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Essential elements of a valid contract

A contract must meet specific requirements to be legally binding, including offer, acceptance, consideration, and intention to create legal relations.

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Written and Registered Agreements

Agreements based on natural love and affection must be written, registered, and signed by both parties to be enforceable

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Time-barred debt

A debt that is legally not recoverable after 3 years of remaining unpaid or unclaimed.

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Agency (contract)

An appointment of a person as an agent, which is valid even without immediate consideration, but the agent typically gets paid via commission.

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Valid gift

A gift that is legally effective even if no consideration is exchanged.

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Charity contract

A contract where someone promises to contribute to charity, creating legal obligation for the promise only up to said amount.

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Privity of Contract

Only contracting parties have rights and liabilities in a contract; outsiders cannot sue.

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Stranger to Contract

A person not involved in a contract, unable to enforce its terms.

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Doctrine of Privity

Legal doctrine stating that contracts only bind the parties who made them, not others.

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Indian Contract Act 1872

A law governing contracts in India.

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Contract Discharge by Refusal

If a party wrongfully refuses to perform their part of a contract, the other party is released from their obligations.

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Contract Discharge by Lapse of Time

A contract that isn't performed within a reasonable time is discharged.

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Contract Discharge by Mutual Consent

Parties can end a contract by agreement, through methods like novation, alteration, remission, rescission, accord and satisfaction, or waiver.

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Novation (Contract Law)

Replacing an old contract with a new one, ending responsibilities under the old.

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Alteration of Contract Terms

Modifying the existing contract's terms to create a new agreement.

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Remission

A contract discharge where one party accepts less than the agreed upon amount.

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Rescission (Contract Law)

Cancellation of a contract due to a voidable reason (like misrepresentation, undue influence, or fraud).

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Discharge by Impossibility

A contract is discharged if its performance becomes impossible due to circumstances beyond the parties' control.

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Discharge by Frustration

A contract is discharged when unforeseen events make performance impossible or pointless after it's formed.

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Incapacity

A party's inability to fulfill contractual obligations due to physical or mental impairment.

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Destruction of Subject Matter

A contract ends if the essential object—or purpose—of the contract is destroyed.

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War Declaration

A contract can be discharged because of a war between the involved countries.

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Change in Law (Merger/Amalgamation)

A change in the legal identity of a company involved in the contract ends the contract.

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Insolvency

If a party is declared insolvent, the contract is discharged due to their inability to perform.

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Death of a Party

Death of a party involved in a contract ends that contract.

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Breach of Contract

One party failing to fulfill their contractual duties.

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Study Notes

Indian Contract Act 1872

  • A contract is an agreement enforceable by law
  • Agreement = Offer + Acceptance
  • Contracts need agreement and enforceability at law
  • Social agreements aren't contracts
  • Domestic agreements aren't contracts unless there's intent to form a legal relationship

Essential Elements of a Valid Contract

  • Offer and acceptance: A definite offer and absolute acceptance

  • Intention to create legal relations: Social or domestic agreements aren't contracts

  • Lawful consideration: Something in return for a promise

  • Capacity of parties: Must be major, of sound mind, not disqualified by law

  • Free consent: Agreement must be given freely

  • Lawful object: The object of the agreement must not be illegal, immoral, or against public policy

  • Certainty and possibility of performance: Terms must be certain and achievable

Offer and Proposal

  • Offer: A proposal from one party to another, intending to create a binding agreement.
  • Types of offer: Express (oral/written), implied (conduct), general (to public), specific (to one person)
  • Essentials of a valid offer: Clear, definite terms; intention to create a legal relation; and communication to the offeree

Acceptance

  • Acceptance: Manifestation of agreement to the exact terms of an offer.
  • Essentials of a valid acceptance: Unconditional; communicated to the offeror; must be absolute; and in proper form.
  • Acceptance must be done before the offer lapses or is revoked and communicated

Consideration

  • Consideration: Something of value given in exchange for a promise or an act.
  • Consideration must move at the desire of the promisor
  • Consideration need not be adequate
  • Consideration must be real, not fictitious or impossible
  • Past Consideration: not valid
  • Exceptions: Natural love and affection
  • Illegal consideration
  • Gratuitous promise or gift
  • Promise to pay time barred debt
  • Exceptions: Contracts not enforceable unless registered

Revocation of Offer

  • Revocation: Withdrawal of an offer before acceptance.
  • Lapse of offer
  • Time Limit: Offer lapses if no acceptance within stipulated time
  • Failure to fulfill a condition: Offer lapses if the condition in the offer is not met.
  • Death or insanity: Offer lapses with death or insanity of the offeror or offeree

Stranger to a Contract

  • Privity of contract: Principle that only parties to a contract can enforce it or be bound by it.
  • Exceptions: Trust or Charge, Family arrangements
  • Acknowledgement

Discharge of Contract

  • Discharge of contract: Termination of a contract's obligations
  • Performance of contract: The parties fulfil their obligations
  • Agreement: Both parties agree to cancel the contract
  • Impossibility of performance: If performance becomes impossible, the contract ends.
  • Breach of contract: One party fails to fulfil contractual obligations

Quantum Meruit

  • Quantum Meruit: "as much as earned"
  • A claim for payment for work already done, even if the original agreement is not valid
  • Claim can only be made when the original contract is broken

Capacity of Parties

  • Competency: Legal ability to enter into a contract
  • Minors: Contracts with minors (under 18) are voidable
  • Unsound mind: Those with unsound mind aren't competent
  • Others disqualified: Illegal aliens and convicts, or those disqualified by law

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