1)Section 56 of The Indian Contract Act, 1872 does not apply to :
A) Executed contract.
C) Both (A) and (B)
D) None of the above.
Answer : A
2) If a Promisee accepts the anticipatory breach committed by promisor, then :
A) The Promisee need not perform his part of the contract, but he cannot claim damages from the promisor.
B) The Promisee need not to perform his part of the contract, before claiming damages from the promisor.
C) The promisee need not perform his part of contract, but he can claim damages from the promissor only after the date of performance.
D) The promised need not perform his part of the Contract, and he can also claim damages without waiting till the date of performance.
Answer : D
3) A promise to paint a picture B by a certain day at a certain price. A dies before the day. Which one of the following is the correct legal position ?
A) The agreement does not lapse and can be performed by or against the legal representatives of A.
B) The agreement becomes voidable at the opinion of A's legal representatives
C) The agreement lapses for both the parties
D) The agreement becomes unlawful .
Answer : C
3 ) A agreed to supply one tonn of cement to B on particular date. A went the cement dealer and purchased the cement, however he could not find a Transporter to carry the cement to B's place till date in the evening. When the Transporter reached B's place, B had by then closed his shop at the usual time of 7 P.M. Next day B repudiated the contract. In this context which one of the following statements is correct?
A) A was prevented from circumstances beyond his control to deliver the cement bags as promised and hence he is not liable.
B) B should have kept his shop open for a little more than the usual time to give A the chance for fulfilling his contract.
C) B should have rung up A to find out if he is really performing the contract or not.
D) A is liable, as it was his responsibility to make an arrangements for transport to ensure due performance of the contract.
Answer : B
4) A owes B rupees 3,000 C pays to B rupees 2,000 and B accepts it in satisfaction of his claim against A. This payment :
A) Is not discharged of the whole claim.
B) Is discharged of the entire claim.
C) Can be discharged only when the balance is paid.
D) Will be discharged only if the payment is paid by A.
Answer : B
5) In case of anticipatory breach of contract, an aggrieved party :
A) Cannot claim any remedy as performance is still executory.
B) May wait till the date of performance.
C) Does not have the right to terminate the contract.
D) Has the right to claim performance at any time .
Answer : D