Subject:
Contract Act
Source:
PYQs from: Rajasthan Judiciary
Q1. In which section of Indian Contract Act, of 1872 voidable contract is defined?
Options:
a. S.2(g)
b. S. 2(i)
c. S.2 (j)
d. S.3
Ans. Option “b”
Explanation: Section 2(i) of the Indian Contract Act, of 1872 defines a Voidable contract as “An agreement which is enforceable by law at the option of one or more of the parties to it, but not at the option of the other or others, is a voidable contract".
In simpler terms, we can say that a voidable contract is an agreement that is breakable at the will of any of the parties.
In cases where either part is minor or some coercion or influence is used to get consent, then the contract will be voidable.
Q2. What is not the essentials of a valid Offer?
Options:
a. Two parties
b. Two or more parties
c. The proposal must be communicated and must be certain and definite
d. Must not create legal relations
Ans. Option “d”
Explanation: A valid offer must establish legal obligations, enabling legal consequences in the event of non-compliance with the contract.
Q3. In which case the genesis of a general offer came?
Options:
a. State of Bihar v. Bengal Chemical and Pharmaceutical Works LTD (AIR 1954 PAT 14)
b. Carlill v. Carbolic Smoke Ball Co [1891-4] All ER 127
c. Tinn v. Hoffman (1873) 29 LT 271
d. Hyde v. Wrench (1840) 49 ER 132
Ans. Option “b”
Explanation: A General Offer is an offer that is open to everyone, like an advertisement.
In the Carlill v. Carbolic Smoke Ball Co. case, the company promised £100 to anyone who used their medicine as directed. Mrs. Carlill sued the company when she got sick despite using the medicine. The company argued that it wasn't a real offer as it was just a sales trick.
The court held that Mrs. Carlill must be compensated because anyone who fulfills the conditions of the offer is considered to have accepted the offer, and the money the company deposited in the bank shows their intention to create a legally binding relationship.
Q4. Which section mentions the qualification of a person to enter into the contract?
Options:
a. Sec 11, Indian Contract Act (1872)
b. Sec 12, Indian Contract Act (1872)
c. Sec 19, Indian Contract Act (1872)
d. Sec 19A, Indian Contract Act (1872)
Ans. Option “a”
Explanation: Section 11 of ICA, 1872 talks about the capacity to enter into a contract. Three main qualifications of a person to enter into a contract are mentioned in this section which are as follows:
1. Age of majority
2. Must be of sound mind
3. Not disqualified from entering into a contract by any law.
Q5. In which year did, the case Harvey Vs Facey's judgment come?
Options:
a. 1883
b. 1894
c. 1893
d. 1892
Ans. Option “c”
Explanation: In Harvey Vs Facey, Harvey inquired about buying property through telegram, to which Facey replied with the lowest price possible to sell that property. Harvey responded with an agreement to buy at that price, but Facey did not confirm.
The court ruled that Facey's response was not an offer, so there is no binding contract formed between them. Facey wasn't obligated to sell the property at the mentioned price.
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