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11th Commerce Monthly Test - 4 ( Discharge and Breach of a Contract)

MABS Institution

11th Commerce Monthly Test - 4 ( Discharge and Breach of a Contract)-Aug 2020

Time : 2.00 Hours

Part - A

Multiple Choice Question - Answer All Question

Novation means

Substitution
alteration
Waiver
rescission

An Agreement to do an Act impossible in itself under Section 56 is.

Void
Valid
Voidable
Unenforceable

Vindictive damage is also called as

Nominal damage
Special damage
Exemplary damage
Ordinary damage

Where a contract could not be performed because of the default by a third person on whose work the promisor relied. This means it______________.
is not discharged

is discharged

became void

became voidable
On the valid performance of the contractual obligation by the parties, the contract.
is discharged

becomes enforceable

becomes void

none of these

Subsequent impossibility is referred to as

Doctrine of ultra-vires
Doctrine of frustration
Doctrine of policy
Doctrine of power

In case of breach of contract, which of the following remedies is not available to the aggrieved party?

suit for rescission
suit for damages
suit for specific performance
suit under Indian Penal Code

The compensation given for breach of contract is

Damage
Remuneration
Money
Cheque

A contract has became more difficult of performance due to some uncontemplated events or delays. The contract_____________.

is discharged
is not discharged
became void
became voidable

Out break of war is not an excuse for non performance of.a contract____________.
True

False

None of these
Strikes, lock outs and civil disturbances will affect discharge of a contract____________.
True

False

None of these

A lends Rs.500 to B. He later tells B that he need not repay the amount, the contract is discharged by______________.

breach
waiver
novation
performance

The term rescission means

The cancellation of the contract
Where the party commits a breath
Putting an end to the contract
All the .above

If a contract contains an undertaking to perform an impossibility, the contract is_______________.

void ab initio
void
voidable at the option of the plain tiff

Any agreement which becomes impossible to perform under various circumstances

Voidable
Void
Valid
None of these

An agreement to do an act impossible in itself______________.

is void
is voidable
is void ab initio
becomes void when impossibility is discovered

Quantum Merit means
as much as merited

as much as earned

as much as possible

as much as not possible
Discharge by Mutual Agreement may involve
Novation

Rescission

Alteration

All of the above

Damages for breach of contract are given by way of punishment to the wrong inflicted.

True
False
None of these

If only one party to a contract performs his promise the contract is discharged. The statement is____________.

True
False
None of these

A creditor agrees with his debtor and a third party to accept that third party as his debtor. The contract discharged is______________.
Performance

Alternation

Waiver

remission
Nominal damages are awarded at the discretion of
The court

The contracting parties

Third parties

None of these

Which of the following is the usual law remedy?

Injunction
Specific Performance
Damages
Penalty

If a new contract is substituted in place of an existing contract it is called______________.

alternation
rescission
novation
waiver

The time of limitation for enforcement of contractual rights is ______________

2 years
3 years
4 years
5 years

If a new contract is replaced in the place of a prevailing contract is called ______________

alternation
novation
waiver
remission

Nominal damages are availed if there is no breach of contract_____________.

True
False
None of these

Where there is a right there is a remedy. Write true or false____________.

True
False
None of these

The Court may grant rescission where the contract is____________.

Voidable at the option of the plaintiff
void
unenforceable
illegal

Part - B

Generic 5 - Answer All Question

Explain the ways of discharge of contract?

Write about the various remedies of breach of contract.

What are all the reasons for not granting the specific performance by the court?

Discuss the different types of damages awarded to the injured party.

What are the reasons the court does not grant specific performance?

Describe the contract to be discharged by the operation law.

Explain the ways by which a contract can be discharged by operation of law:

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