Tag: performance, discharge, breach and remedies of contract

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Questions Related to performance, discharge, breach and remedies of contract

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

A teacher enters in to contract with a student to teach for the exams, but he dies before teaching. Now __________.

  1. legal representatives are bound to perform

  2. becomes enforceable

  3. voidable

  4. contract comes to an end
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Contracts involving personal skill are dependent on the continued existence of the promisor. Death of the promisor terminates such a contract.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

Shyam and Sunil are joint promisors. Promisee discharged one of the joint promisor. Then ___________.

  1. both of them discharged from liability

  2. promise comes to an end

  3. Sunil is not discharged from liability towards Shyam

  4. Sunil is discharged from liability
Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Discharging one joint promisor does not release the other joint promisor from their liability to the promisee, nor does it affect the right of contribution between the joint promisors.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

In case of death of a Joint Promisor(s), the Promisee can ________.

  1. enforce the contract against the survivor(s) of the said Joint Promisor(s)

  2. not enforce the contract against the survivor(s) of the said Joint Promisor(s)

  3. not enforce the contract at all

  4. both (a) & (b)
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

In the event of the death of a joint promisor, the promisee can enforce the contract against the surviving joint promisor(s) and the legal representatives of the deceased promisor.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

The right of Joint Promisees to demand performance is ________.

  1. joint

  2. several

  3. joint or several

  4. joint and several
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The right to claim performance by joint promisees is joint, meaning they must demand performance together unless the contract specifies otherwise.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

Where performance involves the exercise of personal skills by the Promisor, the promise should be performed by_________.

  1. promisor himself

  2. representative of the Promisor competent to perform

  3. a third person

  4. any of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

If a contract involves personal skill or expertise, it must be performed by the promisor personally and cannot be delegated to others.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

Where performance of contract is remaining in part of both parties of contract, then such contract is known as __________.

  1. executed

  2. executory

  3. void

  4. voidable
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

An executory contract is one where the obligations of both parties are yet to be performed, as opposed to an executed contract where both have performed.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

In case of death of the Promisor before performance, the Representatives of the Promisor are not bound when _________.

  1. it involves the personal skill of the Promisor

  2. there is no such provision in the correct

  3. either (a) or (b)

  4. neither (a) nor (b)
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Representatives are not bound to perform a contract if it depends on the personal skill of the deceased promisor, as that skill cannot be inherited.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can be enforced _________.

  1. when the ship sinks

  2. before the ship sinks

  3. when the ship returns

  4. only in International Court of ustice
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

This is a contingent contract. If the event (ship returning) becomes impossible (ship sinks), the contract becomes void and can be enforced based on the condition of non-return.

Multiple choice commerce performance of contract who will perform the contract performance, discharge, breach and remedies of contract business law and contract act

In case of default by Joint Promisors, the Promisee can sue any one of them for the entire promise.

  1. True

  2. Partly true

  3. False

  4. None of the above
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

Under the Indian Contract Act, the liability of joint promisors is joint and several. This means the promisee can compel any one or more of the joint promisors to perform the whole promise.