CMS for CA/LKPL 2015 Test 3 Consideration: 1. Consideration is a. Doing or abstaining from doing something at the desire of the promisor b. Essential condition of a contract c. Element of exchange in a a contract d. All the above 2. If there is no consideration then the agreement is a. Void b. Valid c. Illegal d. Voidable 3. Consideration must be --a. Adequate b. Superficial c. Unlawful d. Something in return 4. A valid consideration includes --a. Executed consideration b. Executory consideration c. Present consideration d. All of these 5. A valid consideration has the following essential elements a. It must move at the desire of the promisor b. Consideration may be supplied by Promisee or any other person c. Consideration may be past, present, or future d. All of these 6. Consideration in Indian law context; a. Past only b. Present only c. Future only d. All the three 7. The exception to doctrine of privity of contract include a. Family settlements b. Agreements c. Assignment d. All of these 8. The latin term quid pro quo indicates a. Something in return b. Anything in return c. Everything in return CPT law – by babu rayipudi d. All things in return 9. A stranger to the consideration can file a suit and such a stranger is a. A person who has given consideration b. A person who is not a party to the contract c. A person who has not given consideration d. A person who is a party to the contract but not given consideration 10. If consideration is inadequate the agreement would be a. Void b. Voidable c. Illegal d. Valid 11. A promise to pay time barred debt must be a. Oral b. Written and signed c. Registered d. Written and registered 12. Which of the following statement is not true a. Consideration must be real and not illusory b. Consideration may be inadequate c. Past consideration is no consideration d. Consideration should not consist of a legal obligation 13. According doctrine of privity of contract: a. Only interested party can file a suit b. Anyone can file a suit c. A stranger can file a suit d. One can file a suit only when he is party to the contract 14. The exceptions to the rule a stranger to a contract cannot sue are a. Beneficiaries in the case of trust b. Family settlement c. Assignment of contract d. All the above 15. A stranger to a consideration a. Can file a suit b. Cannot file a suit Page 1 CMS for CA/LKPL 2015 c. Can file, only with the consent of court d. Is similar to stranger to contract 16. A stranger to contract --a. Can file a suit b. Can file a suit if contract is in writing c. Can file suit, only with permission of court d. Cannot file a suit 17. An agreement not supported by consideration is called: a. Consensus ad idem b. Ignoratia juris non execuset c. Ab initio d. Nudum pactum 18. Past consideration means ---a. Money received in the past without making even a proposal b. The price which is more than the promisee’s expectation c. A past act done before the promise is made d. None of the above 19. An agreement without consideration is void except in case of compensation for a. Voluntary services rendered b. Voluntary services rendered at the request of the other party to the agreement c. Voluntary services rendered at the request of third person d. Reimbursement of expenses incurred. 20. A contract without consideration is void. There are exceptions which one of the following exceptions is correct? a. Promise to pay disputed debt b. Promise to pay time barred debt c. Promise to pay time barred debt which is in writing and signed d. Promise to pay any debt 21. Which of the following statements is incorrect with regard to nature of a valid consideration? a. Consideration must be adequate b. Consideration must be real c. Consideration may be past, present or future CPT law – by babu rayipudi d. Consideration must move at the desire of promisor 22. Which of the following statements about the doctrine of privity is correct? a. Only a party to the contract can sue b. Stranger to a contract cannot sue c. A contract is enforceable by a stranger d. Both A and B 23. In India a person who is a stranger to the consideration a. Can sue on the contract, even if he is not a party b. Can not sue the contract c. Depends on the parties d. Depends on the circumstances 24. Past consideration means a. Consideration and promise should move together b. Executed consideration c. Consideration is provided prior to the making of the contract d. Invalid consideration 25. P renders some service to D at D’s desire. After a month D promises to compensate P for the service rendered to him, it is a a. Present consideration b. Past consideration c. Future consideration d. None of these 26. Which of the following statement is incorrect a. Consideration must be real b. Performance of existing obligation is no consideration c. Forbearance to sue is good consideration d. Agreements without consideration are always void 27. A man cannot acquire rights under a contract to which he is not a party. Which one of the following is not an exception to this rule a. Beneficiaries of trust b. Family settlement c. Gift d. Assignment of rights 28. A muslim lady H sued her father in law K to recover Rs.15,000 being the Page 2 CMS for CA/LKPL 2015 arrears of allowance called Kharachi Pandan’ or Pin Money’ payable to her by K under an agreement made between K and her father prior to and in consideration of her marriage to K’s son D. Both H and D were minors at the time of marriage. In this case a. H is not entitled to the money as there was no consideration to K b. H is not entitled to the amount as at the time of the contract she was a minor c. H is entitled to the amount as she was the beneficiary of a family arrangement d. The agreement is not an enforceable contract. 29. X promised Y, a priest, to pay Rs. 10,000 as charity. The priest on X’s promise incurred certain liabilities towards the repairing of the temple to the extent of Rs.7,500. Y, the priest, can recover from X a. Rs. 10,000 b. Rs.7,500 c. Nothing d. Rs. 7,500 plus damages 30. A’s son is lost and B goes in search for him. Can be claim remuneration from A a. Only if B does this act voluntarily b. If B does this act at the request of A c. If B does this act at the request of C d. None of the above 31. The father owes Rs.10,000 to his son. But this debt has become barred by the limitation act. The mother signs a written promise to pay Rs. 3,000 on account of the debt and the same has been registered. In this case which one of the following is correct? a. There is no contract as the debt is already barred by limitation and so it can not be revived by a subsequent promise b. There is no contract because the mother has promised to give only a part of the debt CPT law – by babu rayipudi c. This is a contract because there is a natural love and affection relation and the promise is in writing signed and registered. d. This is enforceable against the mother because such a promise is valid and binding under Indian contract act. 32. A out of natural love and affection promises to give his newly wedded daughter in law a golden necklace worth Rs.20,000. A made a promise in writing and signed it and registered it, the agreement is a. Void Without consideration b. Valid without consideration c. Voidable d. Unenforceable 33. A municipality seeks fund from the general public for the construction of a town hall. X writes Rs. 30,000 in the subscription book and signs a. X can deny liability on the ground that there is no enforceable agreement b. X can contend that a contract without consideration is legally unsustainable c. The municipality can demand that X should discharge his liability, on the ground, it incurred liability on the faith of the promise made by X d. X can contend that, going by the municipality was not serious about constructing the town hall. 34. F out of natural love and affection promises to give his son S Rs. 1 lac. The promise is put in writing and is registered, the contract is a. Valid b. Void due to absence of consideration c. Voidable d. Unenforceable contract 35. Amit voluntarily agreed to sell his car of Rs. 1 lac to bunty for Rs.1000. this is a. A void contract on account of inadequacy of consideration b. A valid contract despite inadequacy of consideration if Bunty accepts the offer c. An unenforceable contract d. A voidable contract Page 3