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Published on: 04/11/2019
Elements of Contract
Download Tamil Nadu 11th Standard Commerce question papers, model tests, one-mark questions, important questions, and public exam papers in PDF format. Free study materials and answer keys for TN State Board students.
Questions + Answers key
Take MCQ Commerce Test1.
A contract .................
may be void as originally entered into
may become void subsequent to its formation
cannot become void under any circumstances
may become void at the will of a party
2.
Mercantile person denotes ....................
Individual
Partnership
A Company
All the above
3.
All illegal agreements are void; but all void agreements are not illegal ______.
True
Partly true
False
None of the above
4.
Incapacity to contract may arise from________.
Minority
Unsound mind
Disqualified from any contract
All the above
5.
The law relating to contracts is to be found in the Indian contact act_____.
1962
1972
1982
1992
6.
A contract with or by a minor is a _________.
Valid contract
Void contract
Voidable contract
Voidable at the option of either party
7.
Acceptance to be valid must ________.
Be absolute
Be unqualified
Both be absolute and unqualified
Be conditional
8.
Void agreement signifies ______________
Agreement illegal in nature
Agreement not enforceable by law
Agreement violating legal procedure
Agreement against public policy
9.
Every promise and every set of promises, forming the consideration for each other, is an _______.
Agreement
Contract
Offer
Acceptance
10.
An Agreement enforceable by law is a _______.
Enforceable acceptance
Accepted offer
Approved promise
Contract
11.
What is Valid Contract?
12.
Who is an Alien Enemy?
13.
14.
Who can enter into a contract?
15.
What is law?
16.
Write the meaning of contract.
17.
What are all the types of agreements?
18.
Who is a promisor, promisee?
19.
What do you mean by Agreement?
20.
What is meant by Offer.
21.
Explain the classification of contracts on the basis of performance.
22.
Difference between Contract and Agreement.
23.
Explain the essentials of a valid contract?
1.
(b)
may become void subsequent to its formation
2.
(d)
All the above
3.
(a)
True
4.
(d)
All the above
5.
(b)
1972
6.
(b)
Void contract
7.
(c)
Both be absolute and unqualified
8.
(b)
Agreement not enforceable by law
9.
(a)
Agreement
10.
(d)
Contract
11.
An agreement which fulfils all the essentials prescribed by law on the basis of its creation. For examples offers to sell his car for Rs.2,00,000 to T.T agrees to buy it. It is a Valid Contract.
12.
An Alien enemy is a person who is a citizen of a foreign country. An alien enemy is therefore a person whose country is at war with India.
13.
14.
Persons completing 18 years and attained the age of majority, who is of sound mind and not disqualified by any law can enter into a contract.
15.
Law means a 'set of rules' which governs our behaviour and relating in a civilized society. So, there is no need of law in a uncivilized society.
16.
As per the Indian Contract Act, 1872, a "contract" is an agreement enforceable by law. The agreements not enforceable by law are not contracts. An "agreement" means 'a promise or a set of promises' forming consideration for each other. A promise arises when a proposal.is accepted. By implication, an agreement is an accepted proposal. In other words, an agreement consists of an ' offer' and its 'acceptance'.
Agreement = offer/Proposal + Acceptance
Contract = Agreement + Enforceability by law.
17.
Agreements are all in the following types:
1. Agreement no enforceable by law - Any essential of a valid contract is not available.
2. Agreement enforceable by law - All essentials of a valid contract are available.
18.
Promisor:
A person who makes a promise. The person who has become obliged through a promise towards another.
Promisee:
A person to whom a promise is made. If a promisee accepts the performance of the promise by a third person he cannot afterwards enforce it against the promisor.
19.
Every promise and set of promises forming consideration for each other is an agreement. In short, Agreement = Offer + Acceptance
20.
(i) According to Section 2(a) of the Indian Contract Act 1872, defines proposal as "When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal or offer."
(ii) The person who makes the proposal is generally called the 'offeror' and the person to whom it is made is called the 'offeree'.
(iii) Example: 'A' offers to sell his car to 'B' A is making an offer to do something i.e. to sell his car.
21.
(i) Executed contract:
(1) A contract in which both the parties have fulfilled their obligations under the contract.
(2) For Example: 'X' contracts to buy a car from 'Y' by paying cash and 'Y' instantly delivers his car.
(ii) Executory contract:
(1) A contract in which both the parties are yet to fulfil their obligations, it is said to be an executory contract.
(2) For Example: A agrees to buy 'B's cycle by promising to pay cash on 15th June. 'B' agrees to deliver the cycle on 20th June.
(iii) Unilateral contract:
(1) Unilateral contract is a one-sided contract in which only one party has to perform his promise or obligation.
(2) For Example: 'X' promises to pay 'Y' a sum of Rs 10,000 for the goods to be delivered by 'Y'. 'X' paid the money and 'Y' is yet to deliver the goods.
(iv) Bilateral contract:
(1) A contract in which both the parties commit to perform their respective promises is called a bilateral contract.
(2) For Example: 'R' offers to sell his flat car to 'S' for Rs 10,00,000 on acceptance of 'R's offers by 'S', there is a promise by 'R' to sell the car and there is a promise by 'S' to purchase the car, there are two promises.
22.
| Sl.No | Basis | Contract | Agreement |
| 1 | Definition | A contract is an agreement enforceable by law | An Agreement is every promise or every set of promises forming consideration |
| 2 | Enforceability | Every contract is enforceable | Every promise is not enforceable |
| 3 | Inter-relation-ship | A contract includes an agreement | An Agreement does not include a contract |
| 4 | Validity | Only legal agreements are called contracts. | An agreement may be both legal and illegal |
| 5 | Legal obligation | Every contract contains a legal obligation | It is not necessary for every agreement to have legal obligation. |
23.
Essentials of a Valid Contract:
"All agreements are contracts, if they are made by free consent of the parties, competent to contract, for a lawful consideration and with a lawful object, and not hereby expressly declared to be void" Sec.10.
a) Offer and Acceptance:
There must be two parties to an agreement namely one party making the offer and the other party accepting it.
b) Legal Relationship:
1. The parties must have the intention to create legal relationship between them.
2. An agreement of Social or domestic nature is not at all a contract.
c) Lawful Consideration (quid pro quo):
1. As per Contract Act under Sec.2(d) Consideration means something in return.
2. A contract without consideration becomes invalid.
3. It may be in cash or kind or in any form as specified in the act.
4. Consideration must not be unlawful, immoral or opposed to the public policy.
d) Lawful Object (Section 23):
1. The object of agreement should be lawful and legal.
2. It must not be immoral, illegal or opposed to public policy.
3. Two persons cannot enter into an agreement to do a criminal act.
e) Free Consent (Section 13 & 14):
1. Consent of the parties must be free and genuine.
2. Consent means agreeing upon same thing in the same sense at the same time i.e. there should be consensus-ad-idem.
3. Consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
f) Capacity of Parties (Section 11):
1. The parties to a contract must have capacity (legal ability) to make valid contract.
2. The Indian contract Act specifies that every person is competent to contract provided
a) is of the age of majority according to the Law which he is subject to, and
b) who is of sound mind and
c) is not disqualified from contracting by any law to which he is subject to an alien enemy, foreign sovereigns and accredited representative of a foreign state, insolvents and convicts are not competent to contract.
g) Certainty of Terms (Section 29):
1. The agreement should be clear to the parties of the agreement.
2. The agreement must be precise. For example X informs Y "I agree to sell my car".
3. X has four cars. Here nothing is stated about which car he is going to sell. There is no clarity of terms.
h) Possibility of Performance (Section 56):
1. The terms of the agreement should be capable of performance.
2. An agreement to do an act, impossible in itself cannot be enforced.
3. For example A agrees to B to discover a new planet. The agreement is void because the act in itself is impossible to be performed from the very beginning.
i) Not declared Void:
The agreement should be such that it should be capable of being enforced by law. Certain agreements have been expressly declared illegal or void by the law.
j) Necessary Legal Formalities:
1. A contract may be oral or in writing. Where a particular type of contract is required by law to be in writing and registered, it must comply with necessary formalities as to writing, registration and attestation.
2. If legal formalities are not carried out then the contract is not enforceable by law.
11th Standard Syllabus & Materials
11th Standard
TN 11th Tamil பீடு பெற நில் - செய்யுள் - காவடிச்சிந்து Important Questions And Answers Study Material - QB365 Set A
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Tamilnadu Stateboard 11th Standard Subjects

Maths

Commerce

Economics

Biology

Business Maths and Statistics

Accountancy

Computer Science

Physics

Chemistry

Maths

Biology

Economics

Physics

Chemistry

History

Business Maths and Statistics

Computer Science

Accountancy

Computer Applications

History

Computer Technology

Commerce

Computer Applications

Computer Technology

Tamil

English

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