Exam Details

Subject law
Paper
Exam / Course civil services preliminary
Department
Organization odisha public service commission
Position
Exam Date 2006
City, State odisha,


Question Paper

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1. "Jurisprudence is the fonnal science of those relations of mankind which are generally recognised as having legal consequences and as such is the fonna! science ofpositive law." Jurisprudence has been thus defined by

Salmond


Austin


Julius Stone


HoIland


2. The statement "There is no distinction between public and private law" is attributed to

Ihering


Ehrlich


Duguit


Spencer


3. "Law as such is found and not made. It is to be found in popular faith, common convictions, customs; traits, habits, traditions which in course of time grow into legal rules." This concept of law was propounded by

Savigny


Thibaut


Henry Maine


Salmond


4. Kelsen's theory of Law is caIled pure theory of law because Kelsen
purely discussed jurisprudence only
J
defined law in accordance with morality and purity

separated law from religion, ethics, sociology and history


discussed law purely in terms of justice


BAC-12 2A
5. 'Positive Law' is called positive because it is

followed by every body


made by a person in authority


madeasaresultofdivineprovidence


made as a result of collective effort


6. Consider the following four types of legal doctrines:
1.
Volksgeist

2.
Imperative theory of Law



3.
Social Engineering

4.
Social solidarity


t
Identify the correct order in terms of time
on which they appeared


I,2,3and4


2,I,4and3


I and 2


I,3and4


7. Consider the following statement with regard to Natural Law
1.
.The central notion of natural law is
the existence of objective moral
principle.


2.
These principles are discovered by
reference to legal soUrces as the




Constitution, Codes and so on. t
3. These principles are discovered as
the essential nature of man.
Of these statements


2 and 3 are correct


land 2 are correct


2 and 3 are correct


I and 3 are correct


(Contd.)
8. According to Jurists of Analytical School
Custom becomes law after its
recognition by the sovereign
Custom never becomes law
Custom is a law from the very
inception of it
i I Customs are only positive morality even after recognition
I 9. Roscoe Pound propounded the theory of "Social Engineering" which means
I greatest happiness to greatest number
I of people balancing of competing interests in

society
I
changes in the concepts and functions of the State
that law has its source in the general consciousness
10. Realist theory of Gierke is also known by the name of

Purpose theory


Bracket theory


Organic theory


t
Concession theory
II. "All theories on the subject ofpunishment have more or less broken down and we are at sea as to first principle of

punishment." It was so observed by

Sir Henry Maine


Blackstone


St. Stephens


Taylor


BAC-12
12. "Fear is an eJlotion that plays a paramount part in every human being's life. If a man knows that violation of laws will render him to suffer, he by instinct fears to commit it." The above statement supports

Retributive theory of punishment


Expiatory theory of punishment


Reformative theory of punishment


Deterrent theory of punishment


13. "To open a school is to close a prison." The above dictum is of

Salmond


Roscoe Pound


Victor Hugo


Ferry


14. "The pleasure ofvengeance calls to mind sermon's riddle It was sweet corning out of terrible, it is the honey dropping from the lion's mouth." It was so observed by

Aschenffenburg


Bentham


Gillin


Kenny


15. "Custom as a source of law, comprises legal rules which have neither been promulgated by legislation nor formulated by professionally trained judges, but arises from popular opinion and sanctioned by long usage." Who amongst the following defined custom as above?

Henry Maine


Comte


Carter


Vinogradoff


(Contd.)
16. Which ofthe following could be considered to be advantages· of legislation over precedent?
1.
Abrogative power

2.
Foreknowledge

3.
Prospective application

4.
Systematic arrangement Select the correct answer, using codes given below:


Codes:

and 4


i and 3


1,2and4


1,2and3


17. The statement "Precedents are the past decisions which are used as guide in the moulding offuture decisions", is attributed to

Keeton


Gray


Oppenheim


None of the above


18. Find out according to whom, there are four classes of absolute duties viz. duties to self, duty to indeterminate person, duty to the sovereign and duty to one who is

not a human being.

Salmond


Pollock


Austin


Duguit


BAC-12 4J
19. Which one of the following is not the correct attribute of ownership?

Right to sell the property


Right to mere occupancy


Right to residual use of the property


Right to make a gift of the property


20. In which one of the following case has the court applied the doctrine -of "lifting the veil" to detennine distinct personality of corporation

Salomon V Salomon Co. Ltd.


Young V. Hitchens


Johnson V. Kennedy


Brookland V. Metropolitan Corpomtion


21. The preamble to the Constitution secures to all citizens

Liberty of thought, expression and worship


Liberty ofthought, expression, belief, faith and worship


Liberty of thought, expression, faith and worship


Liberty of thought, expression, belief and faith


22. The words 'Socialist Secular' have been inserted in the preamble by

The Constitution Forty-fourth Amendment


The Constitution Forty-second Amendment


The Constitution Forty-first Amend­ment


The Fortieth Amendment of the Constitution


(Contd.)


23. The nature of the Indian Constitution is

Federal


Unitary


Quasi-federal


None of the above


24. Constitution (77th Amendment) Act, 1995 provides for

Consequential seniority in matters of promotion in favour ofschedule caste and schedule tribes


Keeping unfilled vacancies of a year


reserved for SC/ST candidates separate from the of• succeeding years, for determining the ceiling of fifty percent

Permits the state to showing any favour to any class of persons


Prohibits discrimination against the acCess to shops, public restaUrants and place of public entertainment


25. In Air fudia V. Nargesh Meerza (1981)
4SCC 335 the termination ofAir Hostesses on the ground of pregnancy within four yearS was held to be

Violative of the Constitution being unreasonable and arbitrary as it compels the Air Hostess not to have any children


yalid as it not only improves the


S
health of the employee but also helps
in boosting up ofour family planning programme
Valid as otherwise the Corporation will have to incur huge expenditure in recurring additional air hostesses either on a temporary on ad-hoc basis
None of the above
BAC-12 SA

26. The directive to the state for fonnulating its economic policy is provided under Art. 37

Art. 39


Art. 39


Art. 43 A


27. The fundamental duties are confined to

Citizens


Juristic persons


All persons


None of the above


28. The President of India shall hold office

For a term of five years from the date of declaration of the result


For a term of five years from the date of the: post has fallen vacant


For a term of five years from the date on which he enters upon his office


For a tenn of five years from the date he is administered oath of his office


29. The governor of a state under the Constitution of India is empowered to act without the aid and advice of the Council of Ministers and acts in his own discretion under

Article 164


Article 162


Article 163


None of the above·


30. Every Judge of the Supreme Court shall hold office until he attains the age of

60 years


62 years


65 years


58 years


(Coold.)
31. Article 323 is related to

Expenses ofPublic Service Commissions


Reports of Public Service Commissions


Functions ofPublic Service Commissions


None of the above


32. The Chairman of a State Public Service Commission is appointed by the

Chief Minister


Prime Minister


President


Governor


Article 355 of the Constitution of India proVides for

Distribution of revenue during the emergency promulgated under Art. 352 of the Constitution


Duty of the Union to protect states against external aggression and internal disturbances


The power of Parliament to legislate on matters not enumerated under Union list


None of the above


34. The 44th Constitutional Amendment Act, 1978 provides that

During emergency the right to move to the Court for the enforcement of fundamental rights except article 20 and 21 is suspended of the Constitution


The President can authorize the expenditure from the Consolidated


J
Fund of the State

Permits, during ernergency (Under Article to State Legislative Assemblies to Legislate on Railways


Allows the administration ofSchedule areas and Tribal Areas


BAC-12 6A
35. An amendment of the Constitution may be initiated
Council of States House of People Either in the Council of States or in the House of People None of the above
36. To seek the services of a legal practitioner of his own choice is guaranteed as a fundamental right under Article 21 A Article 22 . Article 39 A Articld2
37. The salary ofa sitting judge ofthe Supreme Court of India may be reduced By the President of India If it· is approved by Parliament with special majority If it is approved by the Chief Justice of India
If a proclamation of financial emergency is in operation
38. Any charge for impeachment of the President may be preferred Only in the Lok Sabha
Only in Rajya Sabha Only in a joint Session of Parliament 1
By eitherHouse of Parliament
39. 'The preamble is Ii part of the Constitution' was held in
A.K. Gopalan V. State of Madras
Berubari Union case
Keshavanand Bharti V. State ofKerala
None of the above
(Conld.)

40. The Chainnan ofthe Union Public Service
Commission may be removed from his office

By the Government of India


By the members of the Commission an unanimous resolution for the removal is passed


By the order ofthe President ofIndia, where the Supreme Court to whom reference was made after conducting the inquiry, reports that the Chairman should be removed


None of the above


41. Which ofthe following statements reflects the true definition of International Law
"

International Law is a body of rules and principles of action which are binding upon civilised states in their . relations with one another


International Law is 'the form ofrules accepted· by civilised states as their conduct towards each other and. towards each other subjects


International Law is the standard of conduct at a given time for the states and other entities thereto


International Law consists of body of rules which regulate. the conduct ofthe states in theirintercourse.with each other


42. Which ofthe following statements relating to the basis of International Law is true
International law is law because states regard it as law


International law is not a true law


International law is a mere positive morality


The true basis of International law is coercion


BAC-12 7A
43. Wliich ofthe following staternents relating to Monism is true

obligations and Municipal rules are not the facets of same phenomenon


International obligations and Municipal rules derive ultimately from one basic norm


International Law and Municipal Law are two· separate systems


International Law and Municipal Law are unified branches of knowledge, while the former applied to states, the later is applied to individuals


44. Which of the following theory is being
.followed in India in respect of International Law?

Specific Adoption theory


Monism


Dualism


Delegation theory


45. Which of the following source of International Law does not find mention inArticle 38 ofthe Statute ofInternational ·Court of Justice?

General principles oflaw recognised by civilised States


Decisions or determinations of the organs of International Institutions


Decisions of Judicial or Arbitral Tribunals and Juristic works


International customs


(Contd.)
46. Which of the following is considered as
a subsidiary means of determination of
law, under International Law in its
settlement of disputes


General principles oflaw recognised by civilised States


International Customs


International Conventions


Teachings of most highly qualified publicists


47. According to Article 38 of the Statute of International Court of Justice, which is the correct order of the sources of International Law

Customs, International Conventions, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions


International conventions, general principles of law recognised by civilised States, Judicial decisions and Juristic opinions


International conventions, customs, general principles of law recognised by Civilised States, Judicial decisions and Juristic opinions


International conventions, judicial decisions and Juristic works, customs, general principles of law recognised by Civilised States


BAC-12 SA
48. Which ofthe following statements relating to 'custom' as a source of International Law is correct

A practice, in order to be recognised
as should be universal in
practice



A custoltlB1Y practice is not customary
law unless, opinio juris is present



A custom is required to be ancient
and immemorial



The custom should be complete in
uniformity



49. WhichofthefollowingstatementsIelating to the recognition of States is not true

A state is recognised when it
possesses essential elements of
statehood



Recognition of a State means that it
has been included as a member of
International Community



Recognition of a State is purely a
Legal act



There is no difference between


recognition of State and recognition .of government
50. Which of the following is a consequence of non-recognition of a State

A recognised state cannot sue in the
. courts. of non-recognising state



An unrecognised state cannot sue in
the courts of non-recognising state



recognised state can sue in the
courts ofany state whether recognised
or not



An =gnised state cannot sue in
the courts ofrecognised, by UN, states



(Contd.)
51. The principle of 'continuity of State' means
The change in the government of a
state does not affect its legal
personality of the state
The new government will not succeed
to any of the rights and obligations
of the predecessor state
The new government· will succeed
to certain rights but to no obligations
The new government will succeed
only to the debt obligations of the
I .. predecessor state
52. Which of the following statements relating
to succession of state is true/correct
Both the Civil and Criminal Law of
the former state continue until
changed by the successor state
Only Civil Laws continue until
changed by the successor state
Only Criminal Laws continue until
changed by the successor state
Both Civil and Criminal Laws will
not continue

53. Which of the following Articles of the
I

UN Charter embodies the principle of self­
determination as one of the purposes of United Nations?

Article
Article
Article
Article
BAC-12 9A

54. Which ofthe following statements relating to the principle of 'Non-Intervention' proclaimed under Article of the UN Charter is true
domestic matters state is an absolute principle
E,ven the, UN Charter does not authorise the UN to intervene in matters whij:h are essentially within the domestic jurisdiction of a state

The UN cannot interfere in its domestic matters of a state with its express consent


The UN is competent to intervene, in its domestic, matters of a state, where the provisions of Charter and


'rules of International Law permit it to dow
55. According to the provisions of the UN Charter, the primary responsibility for the maintenance of International Peace and Security rests,with

General Assembly


Security Council


Both General Assembly and Security Council


Security Council and International Court ofJustice


(Contd.)
56. Which ofthe following statements relating
to the binding nature of the Resolutions
of Security Council is


.Only the resolutions of Security Council passed under chapter VII of Charter are binding, rest are not


As per Article 25 ofthe Charter, the resolutions of the Security Council are partly binding and partly recommendatory


As per Article 25 of the Charter, all the resolutions passed by the Security Council under the UN Charter are binding on the part of the states


As per Article 25 of the Charter, the resolutions passed by the Security Council are only recommendatory in nature and not binding on the states


57. Which ofthe following statements is not true with respect to the Human Rights under the UN Charter

Human Rights are Natural and inalienable


The existence of Human Rights are independent of positive law


Human Rights are well defined under the provisions of the UN Charter


UN has the duty to promote Universal respect and the observance ofHuman Rights and fundamental freedoms for all without distinction


BAG-12 lOA
58. Which of the following Human Right is
not expressly provided for in the UDHR,
1948
Right to life, liberty and security of
persons
Right to own property
Right ofpeople to selfdetennination
Abolition of slavery and slave like
practices
59. Which of the following rights is not
included in the Convention on tlie

Against Women (CEADAW)
To have access to Agriculture credit
and loans
To enjoy adequate living conditions
To have access to adequate health
care faCilities·
participate in .. promoting
International peace and co-operation
60. Which of the following Human Rights is
considered as the. third generation of
Human Right
Right to social security
Right to development
Right to own property
Right to work
61. Which one of the following is an essential component of the law of tort
Breach of a right
Specific restitution of property
Injunction
Breach of duty
(Contd.)

62. In law of tort duty is

primarily fixed by the law


ordinarily fixed by the law


naturally fixed by the law


definitely fixed by the law


63: In Law of tort a person should be called upon to pay for damage caused br his
. directions

instructions


capability


fault



64. A plaintiff has no remedy under strict liability if

the defendant is negligent·


there is an escape ofa dangerous thing


the plaintiff does not default


the defendant has no statutory authority


65. A master M employed a car mechanic S to repair cars. S repaired' the plaintiff's car and drove it for a short distance to check whether the repair was proper. In the process S caused an accident and injured the plaintiff P. M is
• not liable as S was not authorised to drive the car

liable for negligence of S


not liable as act was outside his



course of employment
liable as act is necessarily incidental to the nature of his duties
BAG-12 w
66. Which one of the following does not
constitute course of employment

The servant's act is expressly authorised by the master


The servant is doing something for



of the IDl,ISter ,The servant's' act is impliedly ,authorised by the master
The servant is doing the authorised act in an unatithorised manner
67. Persons are said, to be joint tort-feasors when their separate shares in the commission of the tort are done in
,furtherance of a common

intention


interest


design


object


68. X and Y searchillg for a,gas leak applied a naked light to a gas pipe in turns. act caused an explosion resulting in damage. Which OIie of the following statements is correct
Y alone is liable as his act caused the damage

X is vicariously liable for act X and Yare both liable


X and Y are both liable as joint tort­feasors



69. Which one of the following statements is correct with reference to the neighbour principle?

One must take reasonable care towards persons who are near him


There is no general duty to act positively for the benefit of others


Consumer items are beyond the purview of the neighbour principle


Neighbour is a person who is in physical proximity to the defendant


70. Employees of a municipality opened a street manhole to correct underground faults. Since they could not complete the work the same day, -they covered the manhole by canvass and surrounded the same by waming lamps. In the evening a child ofeight years of age came on to the scene and started playing with a lamp' when he stumbled and fell into the manhole sustaining burn injUries. The municipality is

not liable as they acted reasonably


liable because a known source of danger cau'sed' damage ·through unforseeable sequence of events


not liable as injury to the child is not foreseeable


liable because they should have


completed their work before leaving
71. In the tort of defamation

there may not be a loss of reputation


someone isridiculed


hatred is generated


there is a loss of reputation


BAC-12 12,
72. Which of the following statements are
correct in respect of the defence of fair
comment in tort of defamation

1.
The matter commented on must be of public'interest.

2.
The comment must be an assertion oUact.

3.
The comment must be true.

4.
. The comment must not be malicious.

5.
The comment must be an expression


of opinion. Select the correct answer using the code given below
Code:


2 and 3


1,4 and 5


3 and 5
2,4 and 5
. 73. one of the following is not an essential element of the tort of conspiracy

Purpose


Overt act


Concerted action


Intention


74. In the tort of conspiracy it is necessary to

form an agreement


cause damage


do an illegal act


do a legal act


75. Which one of the following is a remedy
in an action. for nuisance in tort

Private defence
Habeas corpus

Abetment


Specific restitution of property


(Cantil.)
76. A private action.lies in public nuisance when the damage caused is

direct


substantial


consequential


special


77. A is sleeping in his room at night when B locks his door from outside. B unlocks and opens the door before A gets up in the morning. B is

liable for defamation in tort because he can boast that he had locked A


liable for false imprisonment because he has caused total restraint to A




not liable for defamation in tort because A did not know that he remained locked in the night

not liable for false imprisonment because A did not know that he remained locked in the night
78. A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from inside and corne out. But B forgets about the key and, as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out A is


liable for false imprisonment because he llcted unlawfully

not liable for false imprisonment


because B had a duplicate key by whichhe could have opened the door and corne out


..


liable for false imprisonment because B had furgotten that he had a duplicate key


not liable because forgetfulness was responsible for B remaining in the room


BAC-12 13
79. Malicious prosecution is a tort against

police excesses


damaging the dignity of a person


abuse of legal procedure


violation of personal liberty


8q. Which one of the following is not an essential element ofthe tort of malicious . prosecution

Damage caused to the plaintiff


Absence of reasonable and probable cause


Termination of the case in favour of the plaintiff


. Prosecution of the defendant by the plaintiff
81. Mens rea implies

intention


knowledge


motive


a guilty mind


82. Mens rea on the part of the accused is

necessary in all the crimes


not necessary at all


necessary unless excluded expressly or by necessary implication


not required to be proved by the prosecution


83. A, with the intention of marrying a lady B during the life time ofhis wife enters into a wedlock with B. Unknown to X had died in an accident just a few hours before the marriage. Here A is liable for

Bigamy


Attempt to Bigamy


Preparation to commit bigamy


Not liable for any offence


A (Could.)
84. A keeps his wife B locked up in a room without food for several days with intention to bring about her death. One day, B escapes from the lock up and is at verge of collapse when taken to hospital by the villagers. however, recovers fully after the treatment. Here

A is not liable for attempt to murder as he has not done the last act necessary for the commission of the crime


A is not liable for attempt to murder as he still has locus paenitentiae


A is liable for attempt as he has intention to cause death and has done acts towards the commission of the crime which clearly indicate his intention


A is not liable for attempt to murder and is liable for causing bodily harm to the woman


85. A was under voluntary intoxication when he· killed B. The prosecution could not establish that A was capable offormulating the intention to kill. Here A is guilty of

Murder


culpable homicide not amounting to



murder

causing death by a rash or negligent act


no offence


BAC-12 14A
86. A joins a gang of dacoits by reason of a
threat of being beaten. He is compelled
later on by the decoits to break open the
door of a house tll facilitate dacoity in
which an inmate of the house is killed.
Here
A will not be liable for any offence
as he joined the gang under threat of
being beaten
A will· be liable only for breaking
open the door
.A will be jointly liable for murder
along with other dacoits as he joined
the, gang under a threat which was
short of instant death
A will not be liable for murder as he
was standing outside the house and
did not know as to what was
happening inside the house
87. For determining liability ofseveral persons
with the help of Section 34, it is required
that these persons should
share the same intention
have the same intention
have the common object
have the same knowledge
88. D and E allegedly entered the
house of X with the common object of
taking forcible possession of the house.
who was carrying a pistol within the
knowledge ofothers, shot X dead in order
to take possession. E was acquitted as it
could not be proved beyond reasonable
doubt that E was present in the assembly. Here •

C and D are jointly liable for
a10ngwith A on the basis of
Section 149
C and D are jointly liable for
murder on the basis of Section 34
D are liable for constituting
an unlawful assembly
A alone is liable for murder and others
are not liable for any offence
(Contd.)

89. X, servant of a household, agrees with A'· and B to keep the door of the house open during night to facilitate theft. In accordance with the agreement, X keeps the door open but A and B do not turn up. Here the offence committed is
attempt
(l» abetment by conspiracy abetment by instigation
no offence
90. Which of the following-statements .isnot correct?

abetment of an abetment also an offence


to constitute the offence of abetment, it is not necessary that the act abetted should be committed


it is not necessary that the person abetted should have the same guilty intention or knowledge as that of the abettor


an abettor cannot be held liable for abetment if the abetted person is not liable


91. An agreement between two or more persons is required for criminal conspiracy under Section 120-A. Which of the folIowing statements is correct in this
context?

the agreement must be to do an illegal act by illegal means


the agreement must be to do an illegal act or a legal act by illegal means


the agreement must be to commit an offence


an overt act apart from the agreement is required


BAC-12 ISA
92. A and B agreed to cause the death of X by poisoning. in persuance of the agreement, went to a chemist shop and told him the purpose for which the poison was required. C provided B the poison. The accused were caught before
l'Oison could be adminjstered to X. . A and B are liable for criminal
• conspiracY but C is not liable

and Garejill}iable for criminal c9hspirllcy .


B and C lire liable for attempt to murder


B and C are not guilry of any offence


93. A speech is punishable as sedition if it

simply excites or attempt to excite disaffection towards the government


strongly criticises the measures undertaken by the government


is intended or has a tendency to create disorder ordisturbance ofpublic peace by resort to violence


advocates boycott of multinational corporations and their products


94.. Which ·of the following is required' as an essential ingredient of 'sedition'

mala fide intention


intention to disturb the government established by Law


intention to overthrow the governinent by resort to violent means


intention to bring or attempt to bring into hatred the government established by Law


(CorM)
95. The act of the accused causing death amounts to murder if the act is done

with the intention of causing such bodily injury as is likely to cause death


with the knowledge that the act is likely to cause death


with the intention of causing such bodily injury as the offender knows to be likely to cause the death of that person


with the intention ofcausing a simple hurt


96. The act ofthe accused amounts to culpable homicide not amounting to murder if it falls under
I. anyoneoftheClauses ofSection299.
2.
anyone ofthe Clauses ofSection 299 but does not fall under anyone of the four Clauses of Section 300.

3.
anyone of the exceptions to


Section 300. Of these statements

only is correct


both and are correct


both and are correct


only is correct


97. On being infonned that six persons, armed with deadly weapons,. are coming to loot their house, the inmates of the house flcid away in fear of being killed. The accused entered the house and took away the
property without use of any violence. The offence committed was

theft


dacoity


attempt to dacoity


robbery


BAe-12 16A
98. Extortion becomes robbery when

force is used in taking away the
property



committed by more than one person


property is delivered under the fear
of instant death



property is delivered under the fear
of an injury



99. An employer deducts an amount from the salary of an employee as Provident Fund but fails to deposit the amount in the provident fund account of the employee.
. The offence Committed by the employer
is


cheating


theft


criminal misappropriation


criminal breach of trost


100. A finds a five hundred rupee currency note near his office. A is guilty ofcriminal misappropriation if he

puts the currency note in ·his pocket


puts a notice on office notice board
and waits fot reasonable time before
using the money



purchases eatables with the money
as he is. hungry and has no money



it·
given the money for charity after
waiting for some time allowing the
owner to claim the money

(Could.)
10I. Ifboth the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be

Unenforceable


Void


Voidable


None of these


102. A master asks his servant to sell his cycle' . to him at less than the niarket price. This contract can be avoided by the servant on
L
the grounds of
i
. Coercion
I

Fraud


Undue Influence


t
Mistake
103. Which country does not recognise a past
consideration

England


America


India


Germany


.
104. When the damages can not be assessed the party may be awarded by the court

Actual Damages


Liquidated Damages


Exemplary Damages


Nominal Damages


r
105. "B" accepts the proposal of"A" by posting a letter of acceptance to "A" the above acceptance
Can not be revoked by "B" as he has already accepted the offer and
'dropped the letter of acceptance J

Can be revoked by "B" before the letter of acceptance reaches "A"


Can be revoked by "B" as soon as the letter ofJlcceptance reaches "A"


Can be revoked by "B" at any time after the letter of acceptance reaches


"AU
BAC-12
106. "V" places an order with "S" for the supply of 20 sewing machines. "S" could not supply these in time. "V" loses a profitable contract due to this and claims his loss of profit from "S". But does not succeed as the natUre of Damage is

Foreseeable
. Remote



Ordinary


Special


107. Which one of the following conditions must be satisfied for making claim under "Necessaries" supplied to a person incapable of contracting?

The articles supplied should be necessaries


The articles supplied should be necessary at the time of sale and delivery


Necessaries must have been supplied gratituously out of mere kindness


Necessaries should be supplied out to a contract


108. In case of conflict of jurisdiction of the courts; the incidence of a Contract shall be governed by the law of the place where the

Contract is made


Contract is performed


Acceptor resides


Proposer resides


7A (CoDld.)
109. A quantum meruit claim might'arise in the situations some ofwhichare contractual and others quasi-contractual. The plaintiff entered into an agreement to work for a periodical and as per the agreement he was to receive a lumpsum amount on completion ofhis work. When the plaintiff had written part ofthe work, the defendant had already abandoned the project. The plaintiff was held entitled to sue for the work already done, because the plaintiff's claim was

Contractual


Tortous


Quasi-contractual


Partly contractual and partly tortous


II O. The inadequacy of consideration will be taken into account by a Court of Law

When the promisor expresses his desire to get maximum returns for a promise


When the promisor performs his promise


When the fraud, coercion or undue influence in the formation of contract is pleaded


Always at the discretion of the Court


III. The principle behind the doctrine of pari delicto is that where each party is equally at fault the law favours the party who actually is

Not is possession


In possession


Injured and helpless


Owner of the things concerned


BAC-12 18.
112. A standard fonn of contract is one in which:

the tenus art< fixed by the government of the state to which the contracting party belongs


The tenus are pre-detenuined by the custom of the trade to which the contracting parties belong


The tenns on which mercantile transactions of common occurrence are to be carried out


The tenus are fixed by one of the parties in advance and one open to acceptance by anyone


113. Consider the following statements, with regard to "Uberrima fides"
1.
It falls within a class of cases which require utmost good faith.

2.
Every contract is a contract, "Uberrima fides".

3.
Contract ofInsurance is an example of "Uberrima fides".



2 and 3 are correct


1 and 3 are correct


2 and 3 are correct


1 and 2 are correct


1i4. A property worth Rs. 25,000 was agreed to be sold by "X" for Rs. 8,000. However, mother moves for setting aside the agreement on the proof that "X" is a congenital "Idiot". In this context which one of the following is correct

The mother will not succeed


The mother will succeed


The mother is bound to execute the agreement


The "Idiot" can avoid the agreement


(Conld.)
liS. Which one of the following is II contingent", contract?

"A" insures his factory against damage or destruction by fire


"A" sells his property subject to the condition that the property will be reconveyed to him on repayment of price with interest


A guard is appointed lit II swimming pool for the sole purpose'ofrescuing drowning persons


A borrower solC!fiJ1ly promises to pay­


t offthe tender when the borrower will be in funds
1 116. The plaintiff sees the defendants child falling in water. He saves the child from drowning. Later the defendant promises to give him Rs. 1000. In this context which one of the following propositions is correct?

The defendants liability is statutory


The defendants liability arises in quasi-contract


The defendant is not liable as there is no contract


The defendant is liable because the agreement is not "nudum pactum"


117. Liquidated damages is essentially as
Payment of money stipulated as warning to thll offending ptu1y
I. PlIyment ofcompensotioll determined by court

Compl;:llsatlon arbltrllrlly determined by aSBrll"ved party


Genuine cQytmanted pre-oltlmate of


J
damaglls
BAC-12 19;
U8.The, qefence of "non est factum" is available to the contracting party who has committed mistake as to the

Nature of contract


Identity of the contracting party


Quality ofthe promise made by other . contracting party


Quality of the subject-matter of the contract


119. Which one of the foIlowing constitutes an offer in a self-service store

Display of goods at the shop window


When the customer asks for some goods


There is not offer in such a case


Picking up an article and approaching the cashier's desk for payment


120. The communication of acceptance through telephone is regarded complete when

Acceptance is spoken on phone


Acceptance comes to the knowledge of party proposing


Acceptance is put in course of transmission


Acceptor has done whatever is required to be done by him


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