Tag: performance of contract

Questions Related to performance 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

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.

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

A is a dancer. She contracts with B to dance in a programme. But before due date of programme,  A dies. This contract is performed  _________.

  1. by A's legal heir

  2. by A's close joined

  3. by B himself

  4. none of the above

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Contracts involving personal skill, such as dancing, are discharged by the death of the promisor. Since the performance depends on the personal qualifications of the promisor, the contract cannot be performed by legal heirs.

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 reciprocal promises, which is not applicable?

  1. They can perform simultaneously

  2. They cannot perform simultaneously

  3. They can be fixed by the parties to the Contract

  4. As depending upon the nature of the Contract

Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Reciprocal promises can be performed simultaneously, or the order can be fixed by the parties or the nature of the contract. The statement that they cannot perform simultaneously is incorrect as it contradicts the standard provisions for reciprocal promises.

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

If no time is specified for performance of a Contract, it must be performed with in a reasonable time. " Reasonable time" means __________.

  1. which seems reasonable to the promisor

  2. which seems reasonable to the promise

  3. which is determined as reasonable by a third party

  4. which is reasonable under the facts and circumstances of the case

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Reasonable time is a question of fact. It is not determined by the subjective opinion of one party or a third party, but by the specific circumstances surrounding the contract.

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

Whether time is  the essence of the contract depends on _________.

  1. the intention of the parties

  2. the facts and circumstances of each separate case

  3. the provisions of law

  4. all of the above

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Whether time is of the essence depends on the intention of the parties, the nature of the contract, and the facts and circumstances of the case. All these factors are relevant.