Professional Documents
Culture Documents
A,B,C, and D are partners, A retires and B dies, the partnership between them
comes to an end .
Agents are authorised to act within the scope of the authority given.
An agent is simply a connecting link between his principal and the third party.
Any person claiming himself as a consumer must prove that the services must
have been rendered to him.
As per S.2(1) (f) of the Consumer Protection Act, defect means any shortcoming
in the quality of goods.
As per Sec. 2 (1) (O) of the Consumer Protection Act, service does not include
rendering of any service under a contract of personal service.
If any consideration is present while forming the agency then the relationship
of agency becomes contractual.
In order to become a holder, a person must possess the instrument under some
lawful title.
In the right of lien, the possession is retained by Unpaid seller.
Issued capital can be defined as the nominal value of shares which are offered
to the public for subscription.
Past consideration is one which is wholly suffered by the promisee even before
making of the agreement.
Poll is the capitalistic method of voting with the rule "one share one vote "
Reserved capital is the part of uncalled capital which can only be called up at the
time of & for the purpose of winding up the company.
The agency can be terminated at any time by mutual agreement between the
principal and his agent.
The company does not possess fundamental rights, stll it is a person in the
eyes of law.
The directors of a company have to file their consent with the registrar to act as
director.
The essential point about an agent's position is his authority of making his
principal answerable to third parties.
The Indian Contract Act, 1872, does not cover all those duties which are not
Contractual in nature.
The object of the Consumer Protection Act of 1986 is to educate the people so that
they can find out legal remedies for their grievances.
The partners continue to be liable as such to _______________for any act done by them.
The person who buys the goods for trading purposes is not a Consumer under
the Consumer Protection Act, 1986.
The property in the Negotiable Instrument passes from one person to another
person by Mere/ Simple delivery.
There are certain relations, which are not created by contracts but are upheld by
law, which are known as Quasi contracts.
Un-called capital is the part of issued and subscribed capital which has not
been called up.
Under undue influence the dominant party may hold a real authority over the
other party.
Unfair Trade Practice is a trade practice which for the purpose of promoting a
sale, use or supply of any goods or for the provision of any service adopts any
deceptive practice.
Unfair trade practice includes a representation made to public in a form that
purports to be a warranty of a product.
Unpaid seller's Right to stop the goods in transit arises only when the buyer is
Bankrupt.
When the endorsement of a bill is ‘for collection only’ the endorsee cannot be a
holder.
When the notice of stoppage in transit is given by the seller to the Carrier in
possession of goods, the latter must re-deliver the goods to the seller.
When the person to whom the proposal is made Signifies his assent thereto, the
proposal is said to be Accepted.
Where a conditional promise is made to pay either cash or money’s worth for
an uncertain event, it is known as Wagering contract.
True/False
"I promise to pay Mr.John Rs.500/- seven days after my marriage with Miss
Lucy" is a promissory note. False
A commission agent is generally appointed for selling and buying goods on behalf
of his principal. True
A trader is a middleman bringing the buyer and seller together and receiving any
commission for services rendered by him. False
All contracts are agreements and all agreements are contracts. False
An agency can be terminated after lapse of time or completion of the work. True
An agent does not have the right to enter into contracts with third parties. False
An agreement enforceable by law is a contract. True
An agreement to sell takes place in the case of existing goods or specific goods.
False
An auctioneer has full authority to sell the goods of his principal by private
contracts. False
An unpaid seller has a right against the goods but does not have any personal
right against the buyer. FALSE
Any user of goods with the approval of the person who has purchased the goods
for consideration is also a consumer. True
Directors of a private company need to file their consent with the registrar to act
as director or sign an undertaking. False
Even if all the members of a company are citizens of India, the company does not
become a citizen of India. True
Existing goods are those goods, which are owned and possessed by the seller at
the time of sale.True
If all the members of a company are married, the company would not be a
married person. True
If one of the parties to the contract dies the contract becomes void. False
Money order, Postal order, Share Certificates, Deposit receipts and such other
documents are Negotiable Instruments. False
Persons who have entered into partnership with one another are called
individually partners and they are collectively "a firm". True
Railway or S.T. Receipts, Dividend, Warrants, Railway Bonds are not Negotiable
Instrument. False
Section 10 of the Indian Contract Act, 1872 applies to contract of sale. True
Sections 1 to 75 of the Indian Contract Act, 1872 provides for the special
contracts. False
Services rendered by the Post and Telephone Department are covered by the
Consumer Protection Act, 1986. True
Special agent and Particular agent mean one and the same thing. True
Special Notice and Special Resolution mean one and the same. False
Specific goods are those which are identified and agreed upon at the time of a
contract of sale is made. True
Subsidiary company can hold shares and can acquire membership of the holding
company. False
The company law board confirms the change of registered office of the company
within a state.False
The company law board may, at any time, by order, extend the time for the filing
of documents. True
The law relating to sale of immovable goods is contained in the Sale of Goods Act,
1930. False
The provisions of sale of goods were previously included in the Indian Contract
Act, 1872. True
The relation between a doctor and his patient is not fiduciary in nature. False
The social or the domestic contracts are excluded from the purview of the Indian
Contract Act, 1872. TRUE
There are two types or kinds of capital of a company, i.e. owned capital and
borrowed capital. True
Unenforceable agreements and illegal agreements mean one and the same thing.
False
A Company, when registered with limited liability under the Companies Act 1956,
shall be deemed to be a company-Limited by shares
A cooler was purchased not for his own use, but it was installed at a bus-stand for
the use of public free of charge. it was held that the purchaser was a consumer
because :-There was no commercial purpose
A partner who invests capital & share profits but do not take active part in firm's
business is-a dormant or sleeping partner
A private company can be registered with a paid-up capital of Rs. :-One lakh
A public company doesn't have its own articles of association, it may adopt-Table
A as given in schedule-1.
A stipulation in a contract of sale with reference to goods which are subject there
of may be- A condition or warranty
Acceptance should be made in-The manner prescribed by the promisor
and if not prescribed in any reasonable manner
An agent was instructed by his principal to insure the goods, but he neglected to
insure the goods. As a result, the principal had to suffer the loss. Who is
responsible for the loss ?agent
Dissolution by the order of the Court at the suit of a partner on certain grounds,
which include-Willful or persistent breach of agreement by a partner
Dissolution by voluntary act of the partners, which includes-dissolution by
agreement
During the war, all the members of a private company were killed while they were
in general meeting in a bomb attack. The questions is whether the company will :-
Survive
For the formation of the contract of sale of goods, there should be- two parties
Goods identified at the time contract of sale are known as-Ascertained goods
If any member of the Central Council wants to resign from the Central Council, he
may do so by a letter addressed to the :-Chairman
In a sale, if the buyer becomes insolvent before he pays the price of the goods
purchased, the person who can claim the delivery of the goods as the property in
goods has been already transferred as a-official assignee or receiver
In an agreement to sell the seller is responsible for all the risk of loss as he is the-
Owner
In case of a public limited company, the maximum number has no limit, but the
minimum is fixed at-7
In the Bill of Exchange, the person to whom the bill is made payable is called as –
payee.
In the Bill of Exchange, the person who is ordered to pay is called as :-Drawee
Mr. Dang and Mr. Thomas work together. Mr. Dang receives all the profits earned
and pays Mr. Thomas certain amount for his work as wages. whether Mr. Dang
and Mr. Thomas are-Master and Servant
Mr. Manik appoints Mr. Naveen as his agent to sell the goods at Rs.10,000/- on
his behalf. Mr. Naveen sells the goods for Rs.12,000/- who is liable to account for
it to-Mr. Naveen
Mr. Red and Mr. White register their company as a private company with a share
capital of Rs. 7, 00,000/- divided into 70,000 shares of Rs.10/- each. Mr. White
holds 69,999 shares while Mr. Red holds only 1 share. This is a :-One man
company
The capacity to contract with an agent is the part of the law of-statute
The goods that are identified and agreed upon at the time of a contract of sale is
made- specific goods
The meaning of the term “Caveat Emptor” is-let the buyer beware
The members of the district forum shall not be less than thirty five years of
age.
The National Commission shall decide the complaint as far as possible within a
period of-three months from the date of notice received by the opposite
party
The parties of the contract should be major in age according to the law to
which they are subject.
The vacancies arising from resignation of the members of the Central Council
shall be filled from the same category by the-Central Government
When an agent has the authority to do all acts connected with the business or
trade of his principal, he is known as-a general agent
When an endorser increases his own liability under the instrument by express
words, the endorsement is said to be facultative.
When an offer is made to world-at-large, the contract is-made with the person
who signs or performs the terms and conditions of the offer.
When the property in goods is transferred from the seller to the buyer at once, the
contract is called a sale.
Where a contract of sale is subject to any condition to be fulfilled by the seller, the
buyer may-Waive the condition
Where the partners agree to carry on the business for a definite period of time,
the partnership is said to be –for a fixed period.
Where the property in goods sold has been passed, the unpaid seller has the-
right to stop goods in transit
Where the transfer of property in the goods is to take place at a future time it is
called-Agreement to sell
Which authority of an agent can be inferred from the circumstances of the case ?-
implied
A Consumer has the following rights-To get the education of the availability
of legal remedies, Seek redressal against unfair trade practices ,To be
informed about quality, quantity, potency, purity, standard and price
of goods
According to rule 3 of the consumer protection rules, the central council consists
of the following members- Minister in charge of the dept of home,
Minister in charge of the dept of Commerce and industry, Minister in
charge consumer affairs in states
An unregistered firm can bring an action in any court of Law against-a partner
who steals the property of the partnership firm ,a partner who
purposely damages the property of the partnership firm
Coercion means and includes :-Any act forbidden by the Indian Penal
Code ,Any threatening to commit illegal act
Complaint under the Consumer Protection Act, 1986 relates to :-Unfair Trade
Practices , Restrictive Trade Practices ,Charging of higher prices
During the continuance of the firm, a transfer by a partner of his interest is the
firm restricts the transferee to-inspect the books of the firm ,require
accounts ,interfere in the conduct of a business of a firm
Following are the agencies of a three tier system of consumer disputes redressal
agencies :-State commission ,National commission ,District Forum
Following are the characteristics of the partnership at will :-Partners are
always free to break their relationship at their will ,It is for indefinite
period ,No provision for determination or termination of the
partnership
Following are the essentials of Coercion :-Intention to induce someone to enter into an
agreement,Threatening to detain property, unlawfully,There must be some relationship
between the parties,It is mainly of moral character
Following are the persons who cannot enter into partnership firm-A Burmese
Buddhist husband and wife carrying on business ,the members of
Hindu Undivided Family carrying on Family business
Following are the types of jurisdiction, which have been conferred on the State
Commission-Appellate, Supervisory ,Revisional
Fraud means and includes following act -promise to deceive other party
,promise without intending to perform
If the principal comes to know that the agent has dishonestly concealed from him
any material fact, the principal-can repudiate the transaction ,may affirm
such transaction ,may claim damages for loss
In a sale if the seller becomes insolvent after a contract of sale and the buyer has
paid the price, the buyer can claim the goods from the-Official Assignee
,Receiver
In the absence of usage or custom of trade to the contrary, the implied authority
of a partner does not empower him to-acquire movable property on behalf
of the firm , transfer movable property belonging to the firm,
withdraw a suit or proceeding filed on behalf of the firm
Public notice is required to be given- on the dissolution of a firm which is registered, on the
retirement of any of the partner of a registered firm
Selection committee for the appointment of the District Forum consists of-
President of the State Commission ,Secretary of the Law Dept. of the
state
The acts or transactions made by the agent can be ratified if the acts or
transaction are-illegal, criminal, void ab initio
The Exception to the rule of "buyer beware" are-quality of goods are not
merchantable , presence of patent defect in goods
The Exception to the rule of "buyer beware" are-usage by trade, sale of goods
by description, consent by fraud
The following types of companies are required to have their own articles-
Unlimited companies , Companies limited by guarantee ,Private
companies limited by shares
The principal must give compensation to his agent in respect of injury caused to
an agent by the :- Principal's neglect ,Principal's want of skill
,Principal's want of knowledge
The three ingredients in the performance of a contract of sale by the seller are-
Transfer of property in goods ,The passing of the risk ,Delivery of
goods
The unpaid seller has the following rights against the buyer personally- suit for
interest, repudiation of contract
The unpaid seller has the following rights against the goods-stoppage in
transit, withholding the delivery of goods
The unpaid seller loses his lien on the goods sold when – he delivers the
goods to a carrier for the purpose of transmission to the buyer and
does not reserve the right of disposal of the goods, the seller
voluntarily abandons his right of lien on the goods
There are certain limitations to the principle of ratification which are-where the
principal does not have full knowledge at the fact ,where the act to be
ratified is illegal or void ,where the ratification is not done within a
reasonable time
There is always a direct privity of contract between the principal and the following :-
Substituted agent,Co-agent, General agent
There is always a direct purity of contract between the principal and the following
- substituted agent , co-agent , general agent
There was a contract for sale of goods. Delivery was to be given in october. Owing
to a strike in the port of loading, the goods were not shipped until November. The
buyers are entitled to-Repudiate the contract ,Recind the contract
Under section 144, mode of service of summons are-by speed post ,by courier
services ,by concerned police station
Firm Partners
Firm Partners