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CONTRACT ACT & SPECFIC RELIEF ACT:-

1. All agreements are contract but all contracts are not agreements.
a) True
b) False

2. An auction is an ____________
a) Proposal
b) Offer
c) Invitation to offer
d) General offer

3. Which of the following persons are not competent to enter into a


Contract?
(a) Minors.
(b) Illiterate people.
(c) Senior citizens.
(e) Criminals

4. A contract of insurance is what kind of contract?


(a) Contract of guarantee.
(b) Contract of indemnity.
(c) Contract of surety.
(d) Contract of bailment.

5. A wishes to subscribe to an insurance policy provided by XYZ Insurance


Co. Ltd. The application form contained a set of instructions, clearly telling
the applicant to mark the box provided if she had consulted a doctor in
relation to any illness in the past three years. A had consulted a doctor in
relation to her heart ailment the previous year, but did not mark the box.
A felt that this would be a violation of her privacy. Has A committed fraud?

Principle: Fraud means and includes actively concealing a fact by a party


to a contract having knowledge or belief of that fact, with intent to deceive
the other party or her agent, or to induce her to enter into a contract.
Insurance contracts are considered uberrimae fidei, meaning, of utmost
good faith, and there must be full disclosure of all material facts in such
cases.

(a) A has not committed fraud, since it is up to the insurance company in


all such cases to examine the medical fitness of a subscriber.
(b) A has not committed fraud, since the insurance company had the
option not to provide the policy to her.
(c) A has committed fraud, since an insurance contract is one of utmost
good faith, and she actively concealed a material fact by not disclosing the
fact that she had consulted a doctor in relation to her heart ailment.
(d) A has committed fraud, since she had consulted a doctor in relation to
her
heart ailment in the past year, and while this may not be a material fact, it
could be a relevant fact for the purposes of the Evidence Act.
6. A offered to sell her estate for Rs.1,000. B offered to pay Rs. 950. A
refused. B
replied immediately, accepting the original offer of Rs.1,000. A now
refuses.

Principle:- An offer lapses if a counter offer is made. A counter offer is


considered a fresh offer, which must be accepted in order to give rise to a
contract

a) A is no longer bound by the terms of his original offer because he


has not revoked it.
b) A is bound by his terms of his original offer
c) A is no longer bound by the terms of his original offer, because B
has made a counter offer, Thus the original offer lapses.
d) A has made a mere invitation to offer.

7. Lack of consensus ad idem renders the contract ___________


a) Valid b) Voidable
c) Void ab initio c) Unilateral contracf

8. A buys a laptop from B for Rs.40,000/- in Kolkata. A week later, the


laptop
explodes while A is using it and causes severe burns to A. A files a
complaint in the relevant District Forum but the complaint is dismissed. A
then appeals to the State Commission, which also dismisses the appeal. A
then appeals to the National Commission, which once again dismisses the
appeal.

a) Since the National Tribunal has dismissed the appeal, A has no


other option now.
b) A can now appeal to the Supreme Court of India within 30 days of
the order of
the National Commission dismissing her appeal.
c) A can now appeal to the High Court of Calcutta within 30 days of
the order of
the National Commission dismissing her appeal.
d) A can now appeal to the Supreme Court of India within 90 days of
the order of
the National Commission dismissing her appeal.

ID ACT

1. Sovereign functions of the State qualify as “industry”


a) True
b) False

2. The right to strike is a ________________ right


a) Legal Right b) Fundamental Right
c) Natural Right d) It’s a fundamental duty

3. A lay off and retrenchment is a temporary act of the Industry


a) True
b) False

4. A is a workman who operates heavy machinery in a factory covered


by the Workmen’s Compensation Act, 1923 (“the Workmen’s
Compensation Act”). A has a history of epilepsy, but despite knowing
that, continues to work in that employment. One day, A suffers an
epileptic fit while operating heavy machinery, and is injured by the
machine. Is the employer liable to compensate A for the injury?

Principle: The word "accident" for the purposes of the Workmen’s


Compensation Act,means “some unexpected event happening without
design even though there may be negligence on the part of the
workman.”

(a) The employer is liable to compensate A for the injury, even though
there may
have been some negligence on the part of A.
(b) The employer is not liable to compensate A for the injury, since A was
fully
aware of the risks of operating heavy machinery in his condition.
(c) The employer is liable to compensate A for the injury, because the
factory is
covered by the Workmen’s Compensation Act.
(d) The employer is not liable to compensate A for the injury, since the
accident
was caused by A’s recklessness.

RTI ACT:-

1. If a request for information with regards to Life or Liberty of person is


required PIO is expected to reply within:-

a) 48 Hours b) 24 Hours
c) 96 Hours d) 72 Hours

Objective- 60
Subjective 30 + 10
Short answer- 3 marks * 10 ( out of 15 questions)
Long Answer-5marks * 2 ( Out of 5 Questions)
Answer
SUBJECTIVE:-
Short answers:-

Answer any 10 questions:-

a) Discuss the advantages of arbitration over litigation


b) Differentiate between Contract of Indemnity and Contract of Gurantee
c) When is a public servants said to have committed an
offence of
criminal misconduct as defined in the Prevention of
Corruption
Act, 1988?
d) What is Judicial activism? In this context evaluate the
contribution of the Supreme Court of India, which is
empowered to act as the guardian of the constitutional
provisions.
e) What are the grounds, duration and consequences of the
Proclamation issued by the President of India pertaining
to the
failure of constitutional machinery in States?
f) Define and distinguish between a 'Condition' and a
'Warranty.
g) Critically examine the principle of Caveat Emptor
h)

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