Contract Law
Practice questions on contracts of guarantee, indemnity, and general contract principles under Indian Contract Act 1872.
Questions
Under what the surety will not be discharged from liability?
- On the death of surety
- By variance in the terms of contract
- By release or discharge of principal debtor
- None of these
What is the effect of fraud in a contract?
- Sometimes the contract is valid.
- Contract is void.
- It is voidable.
- It is legal.
Which of the following statements is correct?
- Insurance contract is an indemnity contract.
- Insurance contract is a contingent contract.
- Insurance contract is a contract of guarantee.
- Insurance contract is a wagering contract.
Which section of the Contract Act defines contract of guarantee?
- Section - 124
- Section - 125
- Section - 126
- Section - 128
What is the objective of contract of guarantee?
- To provide additional security to the principal debtor
- To provide additional security to the creditor
- To provide additional security to the surety
- To provide additional security both to the principal debtor and creditor
Which of the following is not the right of indemnity holder?
- He can take action against promisor for recovering damages.
- He can take action for recovering costs.
- He has the right to be indemnified.
- None of these.
What is the effect of consent obtained by concealment in contract of guarantee?
- Contract is valid
- Contract is voidable
- Contract is invalid
- None of these
How many parties are required in contract of guarantee?
- Two parties
- Three parties
- One party
- None of these
Which of the following statements is incorrect?
- Guarantee obtained by misrepresentation is invalid.
- Guarantee obtained by concealment is invalid.
- Every contract requires free consent.
- Guarantee obtained by concealment is sometimes valid.
Which of the following is a correct statement?
- Contract of guarantee is always in written.
- Benefit to the principal debtor is sufficient consideration.
- There is no need of principal debt.
- Contract of guarantee is always in oral form.
In contract of indemnity one party promises to serve the other from loss which may be caused
- by the conduct of promisor himself
- by the conduct of any other person
- Both 1 and 2
- Neither 1 nor 2
Which of the following statements is incorrect?
- There are two parties in the contract of indemnity.
- Object of contract of guarantee is the security of creditor.
- Contract of guarantee consists of three contracts.
- Indemnity contract consists of two contracts.
What type of liability is possessed by surety?
- Same as that of principal debtor
- Not same as that of principal debtor
- Same as that of creditor
- None of these
What is the effect of surety's death?
- Discharge of surety from liability
- Discharge of principal debtor from liability
- Rights of creditor comes to an end
- None of these
Which form is required by the contract of guarantee?
- Oral
- Written
- Both oral and written
- None of these
Which of the following statements is incorrect?
- Liability of surety and principal debtor is joint and several.
- Sometimes surety is liable not to the full extent as that of principal debtor.
- In contract of guarantee there can also be a surety.
- None of these
What type of liability is possessed by indemnifier?
- Secondary
- Primary
- Neither primary nor secondary
- None of these
What is subrogation?
- Creditor's right
- Principal debtor's right
- Surety's right
- Third party's right
What type of loss is covered by contract of indemnity?
- Loss caused by human agency
- Loss caused by natural agency
- Loss caused by accidents
- None of these
Which of the following is not the right of surety?
- Right to subrogation
- Right to contribution with co- sureties
- Right to indemnity against the principal debtor
- Right to sue the creditor
When does a contract become irrevocable?
- When an offer has been made.
- When acceptance has been made.
- When there is a time limit for acceptance.
- None of these
Which of the following statements is correct?
- A minor can not take benefits of a partnership firm.
- A minor can become a partner of a partnership firm.
- A minor can take benefits of a partnership firm.
- None of these
What is provided by Section 124 of Contract Act,1872?
- Contract of guarantee
- Rights of indemnity holder
- Liability of surety
- Contract of indemnity
Which of the following statements is incorrect?
- Acceptance should be communicated.
- Acceptance should be expressed in usual and reasonable manner.
- Acceptance should be made while the offer is still subsisting.
- None of these
Which of the following is the legal consideration according to the Contract Act, 1872?
- Moral consideration
- Forbidden by law
- Fraudulante purpose
- None of these