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1. Before Sale of Goods Act, 1930, the law relating to sale of goods were governed by: a) Indian Contact Act, 1872 b) Negotiable Instrument Act, 1881 c) Indian Bailors Act, 1923 d) none of the above 2. The law relating to sales of goods are governed by: a) Central Sales Act, 1956 b) Sales of Goods Act, 1930 c) Indian Contact Act, 1972 d) The Companies Act , 1956 3. Which of the following statements, is correct? a) sales of movable property / goods covered under Sales of Goods Act b) sale of immovable property is covered under Transfer of property Act. c) The contact for sale of goods is subject to general principles of Indian Contact Act. d) all the above 4. The features of contact of sale of goods are: a) The seller transfers or agrees to transfer the property in goods to the buyer b) such transfer is for a price c) this includes actual sale or agreement to sell d) all the above 5. Goods means: a) movable property other than actionable claim and money b) this includes stocks and shares c) growing crop[s , grass and things attached to land d) all the above

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Page 1: 1. Before Sale of Goods Act, 1930, the law relating to sale of … · 2014. 10. 7. · 1. Before Sale of Goods Act, 1930, the law relating to sale of goods were governed by: a) Indian

1. Before Sale of Goods Act, 1930, the law relating to sale of goods were governed by:

a) Indian Contact Act, 1872

b) Negotiable Instrument Act, 1881

c) Indian Bailors Act, 1923

d) none of the above

2. The law relating to sales of goods are governed by:

a) Central Sales Act, 1956

b) Sales of Goods Act, 1930

c) Indian Contact Act, 1972

d) The Companies Act , 1956

3. Which of the following statements, is correct?

a) sales of movable property / goods covered under Sales of Goods Act

b) sale of immovable property is covered under Transfer of property Act.

c) The contact for sale of goods is subject to general principles of Indian Contact Act.

d) all the above

4. The features of contact of sale of goods are:

a) The seller transfers or agrees to transfer the property in goods to the buyer

b) such transfer is for a price

c) this includes actual sale or agreement to sell

d) all the above

5. Goods means:

a) movable property other than actionable claim and money

b) this includes stocks and shares

c) growing crop[s , grass and things attached to land

d) all the above

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6. Difference between Sale and Agreement to sell is:

a) when property in goods is transferred from seller to buyer, it is sale

b) where transfer of property in the good is to take place in future is called agreement to

sell

c) An agreement to sell becomes a sale when conditions are fulfilled subject to which

the property in goods is to be transferred

d) all the above

7. Which of the following statements is not correct?

a) A sale is an executed contact where as an agreement to sell is an executor contact

b) in agreement to sell, the buyer become the owner

c)A sale can take place only in respect of existing and specific goods while agreement

to sell pertains to future and contingent goods

d) in the sale , risk of loss follows immediately

8. In the contact of sale in case of breach of contract, the buyer has right to sue the

seller for:

a) damage for non- delivery of goods

b) recovery of price

c) specific performance of contract

d) Any or all of the above

9. Which of the following statements, is not correct?

a) In a sale , the seller cannot resell the goods

b) If seller resells the goods the subsequent buyer does not get the proper title to the

goods

c) In the sale, seller does not have a right to lien in case the buyer becomes insolvent

d) If the buyer becomes insolvent , the agreement to sell becomes void

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10. Which of the following statements, is correct in case the seller of a sale contract

becomes insolvent?

a) the buyer is entitled to recover the goods from receiver

b) the official receiver is entitled to receive payment from buyer

c) in agreement to sell the contact becomes void

d) all the above

11. The essential elements of sale are:

a) there should be a minimum of two parties

b) the subject matter of a contact of sale must be goods

c) the consideration of sale must be in money

d) All the above

12. Which of the following is not essential of a contract?

a) Transfer of ownership

b) Immediate delivery of the goods

c) the contract must satisfy essential of a valid contract

d) goods must be a movable property

13. The essential of a valid contract are

a) there should be an offer

b) offer must be accepted

c) the parties to the contract must have free consent

d) all the above

14. Which of the following statements, is correct regarding contact of sale?

a) It may provide immediate delivery of the goods and immediate payment of price or

both

b) It may provide delivery or payment by instalment

c) It may provide delivery or payment or both at a future date

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d) any of the above

15. What does an actionable claim mean?

a) it is a claim to any debt or any beneficial interest in movable property not in

possession

b) such claim can be recovered by means of a suit or an action

c) it is enforceable by court of law

d) all the above

16. The kinds of goods can be:

a) existing goods

b) specific goods

c) future goods

d)any of these

17. If A agrees to sell to B certain goods which shall arrive on a ship . Which kind of

goods it would be?

a) contingent goods

b) future goods

c) unascertained goods

d) specific goods

18. What is meant by document of title to goods?

a) it entitles and enable its rightful holder to deal with the goods represented by it as an

owner

b) it is a proof of ownership of goods

c) it confers a right on the possessor to transfer the goods to another person

d) all the above

19. The feature of earnest money are :

a) it is title of a security deposit for the due performance of a contact

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b) if a contact is performed the earnest money is returned or adjusted against purchase

price

c) if buyer fails to perform a contact, the earnest money is forfeited

d) all the above

20. Which of the following is correct?

a)When certain terms and specification about the goods are vital to the contact is called

stipulation

b) When stipulation is essential to the main purpose of the contact, it is called condition

c) When stipulation is subsidiary to main purpose of contact, it is warranty

d) all the above

21. Which of the following statements, is not correct?

a) conditions and warranty have different legal implications.

b) if there is a breach of condition the aggrieved party has a right to repudiate the

contact

c) in case of breach of a warrant the aggrieved party can claim damages

d) all the above

22. Which of the following statements refers to a Contract?

a) An agreement enforceable by law is a contract

b) An agreement not enforceable by law is a contract

c) None of the above

23. Every contract is an agreement but every agreement is not a contract.

(True/False)

24. What are the key components of a contract?

a) There should be a proposal and it is accepted by the other party

b) There should be a proposal but it may be or may not be accepted by the other party

c) None of the above

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25. When does a promise arises?

a) When the proposal is accepted by the other party

b) When the proposal is not accepted by the other party

c) None of these

Key

1.a 2.b 3.d 4.d 5.d 6.d 7.b 8.d 9.c 10.d 11.d 12.b 13.d

14.d 15.d 16.d 17.a 18.d 19.a 20.d 21.d 22.a 23.T 24.a 25.a

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1. Which of the following statements is true?

a) A contract with consideration is void

b) A contract without consideration is void

c) None of these

2. A contract made with unlawful consideration is not enforceable in law.

(True/False)

3. In which of the following, an agreement without consideration is valid?

a) If it is expressed in writing and made out of natural love and affection between the parties

standing in a near relation to each other

b) If it is made to compensate a person who has already done something voluntarily for the

promisor

c) If it is a promise in writing to pay a debt barred by the law limitation

d) All the above

e) None of the above

4. Which among the following persons are not competent to enter into a contract?

a) Minor

b) Lunatic

c) Insolvent

d) a and b

e) None of these

5. An agreement may be :

a) Oral

b) Written

c) Either a or b

d) None of these

6. A consideration is said to exist when at the desire of the promisor, the Promisee or any

other person:

a) Has done something or abstained from doing

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b) Does or abstains form doing

c) Promises to do or promises to abstain from doing something

d) All of these

e) None of these

7. A contract with a minor is void abinitio as he is not supposed to have a mature

judgment.

(True/False)

8. Essentials of a valid contract enforceable by law are:

a) There must be a lawful proposal by one party and the other party must accept the proposal

b) It may be oral or written

c) There must be a lawful consideration to enter into contract

d) The parties must be competent to enter into contract

e) All of these

f) None of these

9. A contract in which a party to the contract has the option to treat the contract as void or valid

contract is called:

a) Valid contract

b) Void contract

c) Voidable contract

d) None of these

10. A threatens to shoot B is B does not agree to sell his house to A at a stated price. In this

case B’s consent to the contract has been obtained by:

a) Coercion

b) Undue influence

c) Fraud

d) None of these

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11. A sell his horse to B which is unsound and A himself does not know about this and this a:

a) Fraud

b) Coercion

c) Misrepresentation

d) None of these

12. When there is a breach of contract, the aggrieved party can claim for:

a) Ordinary damages

b) Special damages

c) a or b

d) No damages at all

13. Identify the void contracts from the following:

a) Minor

b) Lunatic

c) Drunkard

d) Married woman

e) a,b and c

14. A and b have a joint overdraft account and A dies. The bank has decided to call up the

advance. In this case, bank can enforce the liability on:

a) B alone

b) B along with the legal representatives of A

c) Cannot be enforced d) Anybody

15. X, Y, Z jointly promises to pay a sum of Rs. 5000/- to A. If the amount is not paid, what is the

position of A?

a) A can recover jointly from X,Y,Z

b) A can recover either from X,Y,or Z

c) A cannot recover from X,Y,Z

d) a orb

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e) None of these

16. A and B are maintaining a current account operated by both of them jointly. A has informed

that B has died. The account has a credit balance of Rs.10,000/- The bank will have to pay

the amount to:

a) A only

b) A and legal representatives of B jointly

c) It will be paid only after A’s death to the legal heirs of A and B

d) None of these

17. A Cheque for Rs. 100/- issued by X and Co., a current account holder was wrongly

dishonored by the bank .The bank is liable for:

a) Simple damages

b) Exemplary damages

c) Either a or b

d) Not liable

18. A asks a horse dealer to supply him a quiet and gentle horse. If the horse turn out to be

vicious, what will be the consequences?

a) this will amount to breach of a condition

b) A has right to reject the horse

c)A can claim damage for injury suffered

d) all the above

19. Which of the following is not a feature of condition?

a) a beach of condition gives the aggrieved party a right to repudiate the contact

b) it may be subsidiary stipulation to the contact

c) a condition is a stipulation essential to the main purpose

d) the effected party may maintain an action for damages

20. The difference between condition and warranty is:

a) condition is a stipulation essential to the main purpose, while warranty is a collateral to the

main purpose

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b) Breach of condition gives right of effected party right repudiate the contract, warranty gives

only right to damage

c) Breach of condition may be treated as breach of warranty but breach of warranty cannot be

treated as breach of condition

d) all the above

21. While making a contact ,P specifies that he needs a bike can give mileage of 70 kms. The

bike dealer assured that X brand of bike would suit him. P purchases the same bike but he finds

that actual mileage of the bike is 50 kms per litre of petrol .Which of the following statements, is

not correct?

a) The above is a contact of warranty

b) P has right to repudiate the contract

c) P can return the bike and get the price back

d) P has right to claim damages if any

22. Breach of condition is treated as breach of warranty if :

a) the buyer voluntarily waive it

b) buyer accepted the goods

c) in both the conditions buyer can claim from damages only

d) all the above

23. The buyer deemed to have accepted the goods:

a) An intimation to seller that he has accepted goods

b) when buyer consumes , uses, pledges or resells it

c) after a lapse of reasonable time , buyer retains the goods without intimating the seller about

rejection

d) all the above

24. Which of the following statements is correct?

a) conditions and warranties may be either expressed or implied

b) when they are inserted at the will of parties in the contact they are called expressed, when

law presumes their existence, they are called implied

c) implied conditions may be varied by express agreement

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d) all the above

25. Which of the following are implied conditions?

a) conditions as to title

b) conditions as to Description, Quality or Fitness

c) conditions as to Merchantability

d) all the above

Key

1.b 2.T 3.d 4.d 5.c 6.d 7.T 8.e 9.c 10.a 11.c 12.c 13.e

14.b 15.d 16.b 17.c 18.d 19.b 20.d 21.a 22.d 23.d 24.d 25.d

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1. Condition as to title implies:

a) in case of sale , the seller has right to sell goods

b) in an agreement to sell, seller has right to sell the goods at the time when the buyer is really

to buy

c) if seller’s title turns out be defective, buyer may reject the goods

d) all the above

2. A purchased a second hand car from B. After a few months, the car was found to be stolen

and A was required to hand it over to its real owner. What are the implications for A?

a) The title of B, the seller was defective

b) The seller cannot pass a god title

c) A can recover full price from seller , B including damages

d) all the above

3. A sale by description includes:

a) If contact of sale of goods is by description, there is implied condition that the goods shall

correspond with the description

b) The buyer has been the goods but he relies more on what has been described by the seller

c) where goods do not confirm to the method of packing

d) all the above

4. A purchased a car described as 1961 model. A relief on what was described by seller.

Though A has seen the car but deviation was not apparent. Later it was found that car was

made of two parts welded together. Only one part was from 1961 model. What are the

consequences?

a) A relied on description by seller and fault was not apparent

b) the description was false

c) A can reject the contact and recover price from the seller

d) all the above

5. The condition of fitness shall apply , if:

a) the buyer make known to the seller the particular purpose for which the goods are required

b) the buyer relies on seller’s skills or judgment

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c) the goods are of a description which of his business ordinarily supplies in the course of his

business

d) all the above

6. What are the features of a condition as to merchantability?

a) the goods should be such as would be commercially marketable

b) it should be saleable at full value

c) merchantability should also include the use , i.e., a watch that will keep time

d) all the above

7. Which of the following is not included as a condition in a sale by sample?

a) the goods should have market value

b) the goods should be supplied correspondent with the sample in quality

c) the buyer should have opportunity to compare with the sample

d) the goods should be free from any defect rendering them un merchantable

8. The features of condition implied by custom, or trade usage is implied by:

a) conduct of parties

b) nature of goods

c) description of goods

d) all these

9. Can a continuing guarantee be revoked by the guarantor?

a) Yes for all the existing and future transitions

b) Yes only for all the future transactions

c) None of these

10. The features of implied warranty are:

a) the buyer shall have and enjoy quiet possession of goods

b) the goods shall be free from any charge or encumbrance in favour of third party

c) if encumbrance is declared in the contact

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11. Any implied warranty may be varied by:

a) express agreement

b) course of dealing between parties

c) if usage is such as to bind parties to the contact

d) any of these

12. What is doctrine of caveat emptor i.e., let the buyer beware?

a) when a buyer effects purchase of goods realise on his own judgment

b) the buyer takes the risk of suitability of goods for his purpose

c) the buyer cannot hold seller responsible

d) all the above

13. M/S. Kumar &Co. Deposited a sum of Rs.10, 000/- into their current account with the bank

which was wrongly credited by the bank to M/S Kumar & Son’s current account which was

withdrawn by them. M/S Kumar & Co. threatens to use the bank. What is the position of the

bank?

a) The bank cannot recover the amount from M/S Kumar & Sons account

b) The bank can recover the amount only with the prior consent of M/S Kumar & Sons

c) The bank can recover the amount from M/S Kumar & Sons and credit to the account of M/S

Kumar & Co.

d) None of these

14. A contract by which one party promises to save the other from loss caused to him by the

conduct of the promisor himself, or by the conduct of any other person is a:

a) Conduct of Guarantee

b) Contract of Indemnity

c) None of these

15. The person who promises to make good the loss is called as:

a) Indemnifier

b) Indemnified

c) None of these

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16. An indemnity holder is entitled to recover from the promisor:

a) All damages which he may have compelled to pay in any suit in respect to any matter to

which the promise to indemnity applies

b) All costs which he may be compelled to pay in any suit

c) All sums paid in compromise of any such suit not contrary to the order of the indemnifier

d) All the above

e) None of the above

17. Indemnifier is entitled to the benefits of all the securities which the creditor ahs against the

principal debtor whether he was aware of them or not.

(True/False)

18. All insurance contracts are contracts of indemnity as these are contracts which indemnify

a person from certain losses he may suffer due to fire, floods, earthquake etc.

(True/False)

19. A contract to perform the promise or discharge the liability of a third person in case of his

default is a:

a) Contract of Guarantee

b) Contract of Indemnity

c) None of these

20. Which of the following gives rise to a consideration to the surety for giving a guarantee?

a) Any promise made to the principal debtor

b) Anything done for the benefit of the principal debtor

c) Either a or b

d) None of the above

21. Which of the following statements are true?

a) The liability of the surety exists along with the liability of the principal debtor

b) The liability of the surety does not exists along with the liability of the principal debtor

c) The liability of the surety is primary and that of the principal debtor is secondary

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22. The liability of the surety crystallizes when:

a) There is demand on the principal debtor to repay the debt

b) There is a default on the part of principal debtor in repayment of debt

c) None of the above

23. In a contract of guarantee, the liability of the surety is:

a) Primary

b) Secondary

c) None of these

24. Can the creditor file a suit against the surety without suing the principal debtor?

a) Yes

b) No

c) None of these

25. What is continuing guarantee?

a) It is a guarantee which can be continued by the bank for ever

b) It is a guarantee which extends to a series of transitions

c) None of the above

Key

1.d 2.d 3.d 4.d 5.d 6.d 7.d 8.a 9.b 10.c 11.d 12.d 13.c

14.b 15.a 16.d 17.T 18.T 19.a 20.c 21.a 22.b 23.b 24.a 25.b

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1. What happens to a guarantee on the death of guarantor?

a) It is revoked by the death of the surety as to the future transactions

b) The estate of the deceased surety is liable for those transitions which have already taken

place during the lifetime of the deceased surety

c) Both a and b

d) None of the above

2. What happens when there is a variation in terms of contract between the creditor and

the principal debtor without the consent of the guarantor?

a) It discharge the surety as to transactions subsequent to such variance

b) It does not discharge the surety as to transactions subsequent to such variance

c) None of the above

3. What happens if the creditor by omission discharges the principal debtor without the consent

of the guarantor?

a) This act of the creditor does not discharge the guarantor

b) This act of the creditor discharge the guarantor

c) None of these

4. Does mere forbearance on the part of the creditor to use the principal debtor or to enforce

any remedy against him discharge the surety?

a) Yes

b) No

c) None of these

5. What is right of subrogation?

a) It is surety getting the rights of the creditor to use the principal debtor after payment of debt

b) It is the principal debtor getting the rights of the creditor to use the surety after payment of

debt

c) None of the above

6. The parties to a contract of guarantee are:

a) Principal Debtor

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b) Creditor

c) Surety

d) All of these

7. Which of the following the doctrine of caveat emptor does not signify?

a) buyer must take chance

b) the must examine the goods thoroughly

c) the buyer must rely upon his own skills

d) if buyer makes a bad selection he cannot blame any other person except himself

8. The exception to the rule of caveat emptor are:

a) When the buyer makes known to the seller the particular purpose of the relies on

seller’s skill and judgment

b) where the goods are sold by description by a seller who is bound to deliver the goods

of merchantable quality

c) where the seller fraudulently conceals the latent defect

d) any of the above

9. What does appropriation signify?

a) In involves selection of goods with the exclusive intension of using them in

performance of the contact with the manual consent of parties

b) Appropriation of goods may be done either by the seller with the buyer’s assent

c) it can also be done by the buyer with the seller’s assent

d) all the above

10. How does appropriation by seller with buyer’s assent take place?

a) Appropriation is usually done by the seller

b) The seller sorts out the goods out of a larger quantity

c) once the goods is sorted out the property in goods passes to the buyer

d) any one or all of the above

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11. In a sale of 20 bags of sugar out of a large quantity 4 bags were filled and taken

away by the buyer and seller filled the remaining 16 bags and informed to buyer. The

buyer promised them to take away. Before the buyer could take them the goods was

destroyed. What are the consequences?

a) By filling the bags the seller had unconditionally appropriated them to contract and

buyer by promising to take them away had signified his consent to the appropriation

b) the property had passed to the buyer at the time of loss

c) the seller will not be responsible for loss

d) all the above

12. What is appropriation by buyer with seller’s assent?

a) when buyer picks up the goods, he appropriates the goods to the performance of the

contact

b) the seller signifies is assent in appropriation by accepting the cash

c) property in goods immediately passes to buyer

d) all the above

13. Which of the following modes, the seller may appropriate the goods?

a) By separating the goods contract far from larger quantity

b) by putting the goods contracted separately and informing the same to the buyer

c) by delivery of goods

d) all the above

14. The rule regarding the transfer of title to goods are:

a) only owner cash sell the goods

b) if a person transfers articles not belonging to him, the transferee acquires no title

c) the rule applies that no one can give better title than he himself has

d) all the above

15. It is the owner of goods or a person authorized who can sell the goods. This has the

following exemptions:

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a) when an owner by an act or omission leads the buyer to believe the buyer that seller

has authority to sell. The buyer acquires good title

b) a bonafied buyer who buy goods from a mercantile agent having no authority from

the principal to sell, get a good title

c) if one of the several joint owners of goods has the sale possession by permission of

co- owners

d) all the above

16. A sells B certain goods to be delivered on third day. Before delivery, A sells goods

again to C, who buys in good faith and without notice of previous sale to B, What are

the consequences?

a) C get a good title in certain circumstances

b) C acts in good faith and without notice of prior sale

c) B can sue A

d) all the above

17. The seller though not an owner of the goods conveys a good title to the buyer in

case of:

a) sale by a finder in certain circumstances

b) sale by a pledge under certain circumstances

c)sale by an official receiver or liquidator

d) all the above

18. Conditions for performance of a sale contact are:

a) the seller has to deliver the goods

b) the buyer should accept the delivery and make payment

c) delivery of goods and payment of price are concurrent conditions

d) all the above

19. The features of delivery of goods are:

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a) It is a voluntary transfer of goods from one person to another

b) delivery of goods may be by any mode for which parties agree

c) the effect should be to put the goods in the possession of buyer or his agent

d) all the above

20. Delivery can be:

a) actual

b) symbolic

c) constructive

d) any of these

21. A delivery of goods will be constructive in the following cases:

a) when a seller agrees to hold goods on behalf of a buyer

b) The buyer is already in possession of the goods and seller agrees to buyer’s holding

c) when the goods are in possession of third person who acknowledge to hold them on

behalf of buyer

d) any of the above

22. Which of the following statements, is not correct regarding delivery of goods ?

a) when a seller agrees to hold goods on behalf of buyer, it is called symbolic delivery

b) the seller is not bound to deliver the goods until buyer applies

c) the seller’s duty to deliver the goods as per the terms of the contact applied by the

buyer

d) If the goods are in possession of third person the delivery would be completed only if

he acknowledges to buyer holding goods on his behalf

23. The place of delivery will be:

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a) it is to be delivered at the place at which they are at the time of sale

b) in case of an agreement to sale the delivery will be at the place where they are at the

time of agreement

c) when the goods is not in existence at the time of agreement , they are manufactured

d) any of the above places

24. Is a guarantee obtained by means of misrepresentation made by the creditor enforceable in

law?

a) Yes

b) No

c) None of these

25. In every c contract of guarantee, there is an implied promise by principal debtor to indemnify

the surety.

(True/False)

Key

1.c 2.a 3.b 4.b 5.a 6.d 7.a 8.d 9.d 10.d 11.d 12.d 13.d

14.d 15.d 16.d 17.d 18.c 19.d 20.d 21.d 22.a 23.d 24.b 25.T

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1. Where there are co-sureties, a release of one of them by the creditor :

a) Does not discharge the other sureties

b) Discharge all other sureties

c) Does not free the discharged surety from his responsibility to other sureties

d) a and c

e) None of these

2. A partnership firm is converted into a private limited company. In this case bank has to :

a) Continue the same guarantee

b) Obtain a fresh guarantee

c) Either a or b

d) None of these

3. X and Y are guarantors to a term loan granted to Z. X are released from the guarantee as

he is seriously ill. In this case Y:

a) Continues to be liable

b) If discharged from the liability

c) His liability gets reduced to 50%

d) None of these

4. The bank has sanctioned a loan to Mr. A by taking the guarantee of Mr. B. B has died. What

is the position of the bank?

a) The bank can recover the loan only from A since B has died

b) The bank cannot recover the loan from A since B has died

c) The bank recover the loan from A or from B’s estate

d) None of these

5. X has guaranteed a loan to Y. Y fails to repay the loan. The creditor makes a demand

against X who repays the amount. Whether X can recover the amount from Y?

a) X can recover the amount form Y

b) x cannot recover the amount from Y

c) None of these

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6. Can the guarantor revoke his guarantee given the repayment of the loan to the borrower by

the bank?

a) No since the bank has given the loan only on the strength of the guarantee

b) No since the guarantor is committed to ensure that the borrower repays the loan

c) Yes it can be revoked any time but only for future transitions

d) None of the above

7. The bank has issued a guarantee to Mr. A on behalf of their customer Mr. B assuring Mr. A

that Mr. B will complete the project within 3 months as per the contract. This guarantee given by

the bank is?

a) Financial guarantee

b) Performance guarantee

c) Deferred Payment Guarantee

d) None of these

8. A Government department has insisted that Mr. X deposit a sym of Rs.1 lakh as earnest

money deposit before awarding the contract or get a bank guarantee for the said amount. The

bank guarantee issued by the bank in this case will be:

a) Performance guarantee

b) Financial Guarantee

c) Deferred payment Guarantee

d) None of these

9. The bank issues a guarantee to Mr. X guaranteeing payment of installments spread over a

period of time on behalf of their customer Mr. Y. This type of guarantee is called as:

a) Financial Guarantee

b) Deferred payment Guarantee

c) Performance guarantee

d) None of these

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10. A&B claim certain goods from a lorry transport company as rival owners. A takes delivery of

the goods by a agreeing to compensate the loss in case B turns out to be true owner. In this

case:

a) There is a contract of indemnity between A and the lorry transport company

b) There is a contract of indemnity between A and B

c) There is no contract of indemnity

d) None of the above

11. Bank guarantee facility sanctioned by a bank is:

a) Fund based facility

b) Non- fund based facility

c) Botha a and b

d) None of these

12. Which one of the following is not a financial guarantee?

a) Bid bond guarantee

b) Advance payment guarantee

c) Retention money guarantee

d) None of these

13. Which one of the following is not obtained by the bank for issuing a bank guarantee?

a) Cash margin

b) Counter guarantee

a) Additional collateral security wherever appropriate

d) None of the above

14. When a bank guarantee is invoked, the following requirements have to be satisfied.

a) Invocation must be made within the validity period

b) Invocation amount does not exceed the guarantee amount

c) Only ager seeking permission from Court

d) None of these

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15. When a bank guarantee is invoked, the following requirements have to satisfied:

a) Invocation must be made within the validity period

b) Invocation amount does to exceed the guarantee amount

c) Guarantee has been invoked by the competent authority

d) All of these

e) None of these

16. What is bailment?

a) It is delivery of goods by one person to another person

b) Upon a contract that the goods shall be returned after accomplishment of purpose

c) Or the goods may be disposed of according the directions of the person delivering them

d) All the above

e) None of the above

17. The person delivering the goods is called as:

a) Bailer

b) Baliee

c) None of these

18. Is there any duty on the part of the bailor to disclose the faults in the goods bailed on

which the bailor is aware of?

a) No

b) Yes

c) None of these‘

19. In all cases of bailment , the baliee is bond to take as much care of the goods bailed to him

as a man of ordinary prudence would under similar circumstances take of his own goods of the

same bulk, quality and value of the goods bailed

(True/False)

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20. Can the baliee mix the bailor’s goods with his own goods?

a) Yes

b) No c) None of these

21. Can the baliee retain the goods of the bailor after the purpose is accomplished?

a) No

b) Yes

c) None of these

22. Which of the following are essentials of bailment?

a) Delivery of goods by one person to another person for some purpose

b) The goods are to be returned when the purpose is accomplished

c) The bailee can keep the goods bailed to him and he need not return the same to the bailor

d) a and b

e) None of the above

23. Which of the following are the duties of the bailor?

a) To disclose known facts relating to the goods bailed

b) To bear the extra –ordinary expenses incurred by the bailee in maintain the goods bailed

c) To receive back the goods bailed when the purpose is accomplished

d) All the above

e) None of the above

24. Ornaments kept is Safe Deposit Locker are stolen in spite of due care exercised by the

bank. In this case the bank is ––––– to the depositor of the ornament.

a) Liable

b) Not liable

c) Bank should compensate the hirer of the locker

d) None of the above

25. What is pledge?

a) It is bailment of goods as security for payment of a debt

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b) It is bailment of goods as security for performance of a promise

c) Both a and b

d) None of these

Key

1.d 2.b 3.a 4.c 5.a 6.c 7.b 8.b 9.b 10.a 11.b 12.d 13.d

14.a 15.d 16.d 17.a 18.b 19.T 20.b 21.b 22.d 23.d 24.b 25.c

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1. Can the pawnee (pledge) sell the goods pledged for payment of a debt?

a) Yes, after giving a reasonable notice of sale to the pawnor (pledgor)

b) Yes, even without giving a reasonable notice of sale to the pawnor

c) Yes, only with the prior permission of the Court

d) None of these

2. If the proceeds of sale of goods is less than the amount due in respect of the debt, can’t the

pawnee proceed against the pawnor legally for recovery of the balance amount of debt?

a) No

b) Yes

c) None of these

3. Can the bailee file a suit for theft of goods which was in his possession?

a) Yes, as if he was the owner

b) No, only bailor cash file a suit

c) Yes, only after obtaining a prior consent from the bailor

d) None of these

4. Which of the following statements are correct?

a) Pawnee can retain the goods pledged, for payment of debt

b) Pawnee can retain the goods pledged, for payment of interest due on the debt

c) Both a and b

d) None of the above

5. If the pledgor makes default in respect of which goods were pledged, the pledge has the

following rights:

a) File suit against the pledgor and retain the goods pledged as security till payment

b) Sell the goods pledged ager giving reasonable notice of sale to the pledgor

c) If the proceeds of sale are less than the amount due in respect of the debt, the pledgor is still

liable to pay the balance

d) All the above

e) None of the above

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6. Which among the following is an agent of the principal?

a) Power of Attorney holder

b) Partner of a firm

c) Security of a Club

d) Both and b

e) None of these

7. Which among the following person can appoint an agent?

a) A major person

b) A minor

c) A sound mind person

d) Lunatic

e) Both a and c

f) None of these

8. Can the minor be appointed as an agent?

a) Yes

b) No

c) None of these

9. Can the minor as an agent, bind himself to the principal?

a) Yes

b) No

c) None of these

10. Is consideration an essential element in a contract of agency?

a) It is not essential

b) It is essential

c) None of these

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11. Can an agent delegate his authority to others?

a) He can delegate his powers to others

b) He cannot delegate as he himself is a delegate

c) None of these

12. delivery of goods in wrong quantity comprises of

a) short delivery

b) excess delivery

c) delivery of mixed goods

d) any of these

13. The type of contact with regard to delivery of goods can be:

a) FAS or FAR contact

b) FOB or FOR contact

c) CIF or Ex-ship contact

d) any of these

14. The features of FAS(Free Alongside Ship or Rail) are:

a) the seller is required to deliver the goods alongside the ship or rail notified in the contact

b) the property of goods passes to buyer when goods is delivered at the ship

c) the freight and insurance will be borne by buyer

d) any of the above

15. The features of FOB (Free On Board or Rail) are:

a) seller has to deliver goods at the ship named in the contact

b) seller has to bear all the expenses upto and including shipment on behalf of buyer

c) the buyer has to bear freight insurance and subsequent expenses

d) any of the above

16. Which of the following is not a feature of CIF (Cost Insurance and Freight) contact?

a) the seller is require to bear all the expenses including insurance and send bill of lading

b) deliver the goods at the port of destination

c) documents are delivered to the banks against payment of bill or acceptance of bill

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d) the seller continue to be owner of goods until the buyer obtains documents

17. What is ex-ship contract?

a) seller has to deliver the goods to the buyer at the port of destination

b) property in the goods does not pass until actual delivery

c) the goods are at seller’s risk during voyage

d) any of the above

18. The buyer is deemed to have accepted the goods when:

a) he intimates to the seller to have accepted goods

b) he retains the goods beyond reasonable time without imitating about rejection to the seller

c) he does any act in relation to goods which is in consistent with the ownership of the seller i.e.,

he re- sells the goods

d) any of the above

19. The buyer will be liable if he fails to accept delivery for the following:

a) any loss occurred to seller by his refusal or negligence

b) reasonable changes for care and custody of goods

c) (a) and (b) both

d) any of the above

20. The buyer’s liability does not arise in the following cases where:

a) property in goods has not passed to buyer

b)the seller has a lien on goods

c) the buyer’s refusal to take delivery amount to repudiation of the contact

d) any one of the above

21. Who is an unpaid seller?

a) When all of the price has not been paid or tendered

b) when conditional payment has been made by way of negotiable instrument and such

instrument is dishonored before delivery of goods

c) the seller includes the actual seller or any other authorized person

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d) all the above

22. Which of the following rights an unpaid seller have against the goods?

a) right to lien

b) right of stoppage in transit

c) right of re-sale

d) All these

23. An unpaid seller who is in possession of goods is entitled to retain goods where:

a) goods have been sold without any stipulation as to credit

b) the goods sold on credit but term of credit has expired

c) the buyer became insolvent

d) all the above

24. Which of the following is not correct?

a) right of lien can be exercised for payment of other charges such as storage

b) if seller has delivered part of goods, he may exercise lien on the remainder

c) where delivery of part is intended to the whole , the right of lien is lost

d)where delivery is to be made in instalments the seller cannot retain remaining instalment

25. The effect of lien would be:

a) the seller retain the possession of goods

b) the contact of sale is not rescinded

c) buyer can claim delivery of goods by making of price

d) all the above

KEY

1.a 2.b 3.a 4.c 5.d 6.d 7.e 8.a 9.b 10.a 11.b 12.d 13.d

14.d 15.d 16.d 17.d 18.d 19.c 20.d 21.d 22.d 23.d 24.a 25.d

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1. The right of lien is lost in the following circumstances:

a) the delivery of goods to a carrier puts an end to the right of lien

b) when the buyer or his agent lawfully obtain possession of goods

c)when the seller expressly or impliedly waives his right of lien

d) in all the above cases

2. Right of stoppage in transit is:

a) the seller has right to resume possession of goods while they are in the course of transit

b) the seller can exercise the right when buyer become insolvent and goods are in transit

c) the goods can be retained until payment of price

d) all the above

3. The difference between right of lien and right to stoppage is :

a) right of goods can be exercised only when buyer has become insolvent. While right of lien

can be exercised where the buyer is solvent

b) lien is exercised when seller is in actual or constructive possession whereas right to stop is

applicable when seller has parted the possession of goods

c) right of stoppage is an extension of right of lien

d) all the above

4. The goods deemed to be in transit:

a) when it is delivered to a carrier or other Bailee for purpose of transmission

b) until the buyer or agent takes delivery of goods

c) the transit end as soon as goods are handed over to the buyer

d) all the above are applicable

5. Which of the following cases transit comes to end?

a) when buyer intercept and takes delivery of the goods before the arrival at the destination

b) when goods are delivered to a carrier who is acting as an agent to the buyer

c) When the carrier wrongfully refuses to deliver the goods to the buyer

d) all the above

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6. The transit does not come to an end:

a) the buyer has rejected the goods and carrier continues to be in possession

b)when goods have been delivered in part and there is no agreement that part delivery shall

amount to the delivery of whole

c) when goods have been delivered in part in the circumstances which shows an agreement to

give up the possession of the whole

d) all the above

7. Can an agent appoint a sub –agent?

a) Yes if the custom of trade or nature of agency provides for it

b) No since he being an agent has no authority to appoint a sun-agent

c) None of the above

8. Can the sub-agent be made responsible to the principal?

a) Sub – agent is responsible to the principal

b) Sub-agent is not responsible to the principal

c) None of the above

9. In which of the following cases, a contract of agency gets terminated

a) On the death of the principal

b) On the insolvency of the principal

c) On the insanity of the principal

d) All of these

e) None of these

10. When an agent is employed by the principal to do an act which is criminal, is the principal

liable to the agent to indemnify him against the consequences of such criminal act?

a) Yes

b) No

c) None of these

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11. In a contract of agency:

a) An agent is person employed to do an act

b) An agent will represent another person in dealings with some third person

c) The person for whom such an act is done is who is represented by the agent is called the

principal

d) All the above

e) None of the above

12. An agent:

a) Has authority to do all acts to protect his principal from loss as would be done by a person in

his own case

b) Can employ a sub-agent if the custom of trade or the nature of agency so requires and the

agent is responsible to the principal forth acts of the sub-agent

c) Can act on behalf of the principal without his knowledge or authority which can be ratified or

disowned by the principal

d) All the above e) None of the above

13. Mr. X appoints Mr. Y, a minor, to sell his car for not less than Rs.50, 000/-. But Y sells it for

Rs. 40,000/- Whether X is bound by this transaction and whether he has any right against Y for

claiming compensation for having not obeyed his instructions?

a) X is not bound by this transactions as Y was acting as an agent and not obeyed his

instructions

b) X is not bound by this transaction but claim compensation from Y

c) X is bound by this transaction but cannot claim compensation from Y for not obeying his

instructions

d) None of the above

14. Mr. X books a bus ticket through Mr. Y who is booking tickets on behalf of ABC Travel

Agents who are the authorized agent for Jaijavan Road lines, for traveling to Kanpur. Here Mr. Y

is:

a) Sub-agent

b) Substituted agent

c) Agent

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d) None of these

15. Mr. A who has sold goods to X&Co. in Kolkata, authorizes Mr. B, a merchant in Kolkata, to

recover the moneys due to him firm the firm. Mr. B instructs Mr .D, an Advocate to take legal

action against X&Co. for recovery of the money. What is the role of Mr. D?

a) Sub-agent

b) Substituted agent

c) Agent

d) None of these

16. M/S A&Co have authorized the bank to collect the moneys due to the firm from XYZ

Company on account of goods sold to them. The bill was submitted to the bank for collection.

The bank had allowed M/S A7Co to draw the amount against the said bill. What is the role of the

bank?

a) Here the bank is acting as an agent to collect the bill but has no interest in the bill

b) Here the bank is acting as an agent to collect the bill and has interest in the bill as it has

allowed drawings against the bill

c) Here the banker is a holder is due course and hence has an interest in the bill

d) None of the above

17. A and B who have a joint current account at your branch have issued a Power of Attorney

favoring C according to which C is operating the account . Yesterday a notice was received by

you intimating the death of B. Today, a cheque drawn by C is presented for payment. How

would you deal?

a) Pay the cheque as it was drawn by C before B’s death

b) Return the cheque as the Power of Attorney ceases to exist

c) None of the above

18. X, Y, Z and Z are partners in the firm of Honest Trades. The firm has a current account with

you which is operated by any one of the partners. X gives a mandate favoring A to operate the

firm’s account on his behalf and the bank pays the cheque of Rs. 10,000/- drawn by A under the

mandate. The firm refused to accept the debit. What is the position of the bank?

a) Bank can recover the amount from the firm

b) bank cannot recover the amount from the firm

c) None of these

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19. A has a credit balance in his account upon which he has given B the authority to draw

cheques. Sometimes afterwards the bank learns that A is incapacitated by temporary

derangement from managing his affairs and at intervals in asylum for lunatics. Has B still power

to operate the account?

a) He can continue to operate the account

b) Operations on the account cannot be allowed

c) Operations on the account can be allowed when A is sound mind

d) None of the above

20. A enters into an arrangement with B to buy his property. The property is Mortgaged to the

bank. B informs A that his property is free from encumbrance. A comes to know of the fact. The

agreement becomes:

a) Void

b) Voidable at the option of A

c) None of these

21. Sale of Goods Act is enacted with the objective of

a) Laying down the law relating to selling of movable goods in a particular State

b) Laying down the law relating to sale and purchase of movable goods in the country

c) None of the above

22. Document of title goods refers to:

a) Title to a person over the goods

b) Title to a person over the movable assets

c) Either a or b

d) None of these

23. Which of the following are documents of title to goods?

a) Bill of Lading

b) Airway Bill

c) Railway Receipt

d) Lorry receipt

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e) Warehouse Receipt

f) a ,c and e

g) None of these

24. When are goods treated as sold?

a) When the property in the goods will be transferred to the buyer at a future date

b) When the property in the goods is transferred from the seller to the buyer

c) None of the above

25. What tare the essential features of Contract of sale of goods?

a) There must be two parties, one seller and the other buyer

b) There must be transfer of ownership of goods from the seller to the buyer

c) The subject matter of a contract of sale must be movable goods

d) Consideration in a contract of sale has to be necessarily money

e) A contract of sale may be express or implied from the conduct of the parties

f) All of the above

g) None of the above

1.d 2.d 3.d 4.d 5.d 6.c 7.a 8.b 9.d 10.b 11.d 12.d 13.c

14.b 15.b 16.b 17.b 18.b 19.b 20.b 21.b 22.a 23.f 24.b 25.f

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1. What is the difference between sale and agreement to sell?

a) In sale the buyer becomes the owner o goods immediately but in an agreement to sell the

ownership is transferred at a future date

b) In a sale it is an executed contract whereas in an agreement to sell it is an executor contract

c) In a sale , any breach of the contract , the seller can use for the price, but in an agreement to

sell, any breach of the agreement, the seller can use for damages

d) All the above

f) None of the above

2. What do you understand by a absolute contract of sale?

a) In an absolute contract of sale the seller and buyer agree that the sale of goods will be final

only on fulfillment of the condition

b) In an absolute contract of sale there are no conditions to be fulfilled by the seller or buyer for

the sale and purchase of goods

c) None of the above

3. Which of the following are covered under Sale of Goods Act?

a) Stocks and Shares

b) Growing crops, grass

c) Every kind of moveable properly other the an actionable claims and money

d) All of these

4. Under the Sale of Goods Act?

a) Buyer means a person who buys or agrees to buy goods

b) Seller means a person who sells or agrees to sell goods

c) Price means the money consideration for sale of goods

d) Delivery means voluntary transfer of possession from one person to another person

e) All the above

f) None of the above

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5. In an agreement to sell:

a) The parties are yet to perform their mutual promises

b) The ownership of goods is yet to pass form the seller to the buyer which will be passed on

fulfillment of certain conditions as agreed upon by the seller and the buyer

c) The risk in goods is still with the seller and passes to the buyer only after the agreement to

sell becomes a sale

d) If the seller does not deliver the goods the buyer can only claim damages in a suit and cannot

demand delivery as the sale is not concluded and the seller can only use for damages

e) All of the above

f) None of the above

6. What do you understand by ‘Condition’?

a) A stipulation will be a ‘condition’ where it is essential to the main purpose of the contract

b) A stipulation will be a ‘condition’ where it is collateral to the main purpose of the contract

c) None of the above

7. If stipulation is collateral to the main purpose to the contract, if is, warranty’.

(True/False)

8. What happens to a breach of warranty?

a) It gives rise to claim for damages

b) The buyer cannot reject the goods

c) The buyer cannot repudiate the contract

d) All of these

e) None of these

9. What is an implied condition?

a) A condition is said to be implied when the law incorporates them into the contract

b) A condition is said to be implied when it is mutually agreed to by the parties

c) None of the above

10. Which of the following examples refer to the implied conditions?

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a) In a contract of sale by description

b) In a contract by sale by sample

c) Both a and b

d) None of the above

11. When the buyer enjoys quiet possession of the goods, there is a:

a) Implies condition

b) Implied warranty

c) None of these

12. In which of the following cases, there is an implied warranty?

a) When the goods sold are free from encumbrance in favor of any third party

b) When the goods sold are encumbered in favor of any third party

c) None of the above

13. The stoppage in transit may be exercised:

a) by taking actual possession of goods

b) by giving notice of the seller’s claim to carrier in whose possession the goods are

c) notice can given either to the person in the actual possession of goods or to the principal

d) any of these

14. An unpaid seller has right to resale in the following circumstances:

a) when goods are perishable nature without giving notice to the buyer

b) the buyer does not pay any attention even after giving the notice in reasonable time

c) where seller has expressly received the right of resale in the contact

d) all the above

15. The effect of resale is:

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a) the goods once become the property of the seller

b) he can sell the goods as an original owner

c) the seller is entitled to recover from buyer not the price but only the shortfall

d) all the above

16. Right of withholding delivery means:

a) where the property in the goods has not passed to buyer

b)unpaid seller has right to withhold delivery of goods

c)it is similar to right of lien and storage in transit

d) all the above

17. What are the rights of an unpaid seller against the buyer personally?

a) suit for price

b) suit for damage for non- acceptance

c) suit for interest from the date of notification

d) all the above

18. What is the measure of damage resulting from the buyer’s breach of contract?

a) the buyer is liable to compensate the seller with the loss which seller may suffer on account

of re- sale

b) if seller does not re- sell, the difference between the contact and market price on the day of

breach is taken as a damage

c) the above principles applies even if the seller sustains a lesser loss

d) all the above

19. What course of action of seller can adopt for repudiation of contact before date of delivery?

a) the seller may sue the buyer for damage

b)the damage will be assessed according to the prices prevailing on the date of breach

c) the seller may treat the contact as subsisting and wait till the date of delivery

d) all the above

20. Which of the following remedies available to buyer against seller for breach of contract?

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a) suit for damage for non- delivery

b) suit for price already paid by the buyer to seller

c) suit for specific performance

d) all the above

21. Which of the following remedies is not available to buyer against seller for breach of

contract?

a) suit for breach of warranty

b)right to withhold delivery

c) suit for damages for repudiation of contact

d) suit for interest

22. A sold B a certain quantity of coal of Rs.160 per quantity to be delivered on the 8th day. A fail

to deliver the coal and price of coal rose to Rs.230, evaluate the consequences

a) the seller wrongfully neglect delivery of coal to the buyer, a breach of contact

b)the damage would be the difference between the contact price and the market price at the day

of delivery

c) In the above case B is entitled to recover damages of Rs. 70 per quintal

d) all the above

23. An auction sale is :

a) it is a public sale where intending buyers offer bid for the goods

b) The goods are sold to the highest bidder

c) An auction sale is complete when auctioneer usually an agent announces its completion

d)All the above

24. The auction sale can be regulated by

a) sale of goods in lots

b) seller right to bid

c) keeping reserve price

d) all these

25. What is knock out?

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a) the intending buyers in an auction join together to prevent competition

b) anything obtained out of auction will be privately disposed among themselves

c)such a combination is not illegal

d) All the above

Key

1.d 2.b 3.d 4.e 5.e 6.a 7.T 9.a 10.c 11.b 12.a 13.d 14.d

15.d 16.d 17.d 18.d 19.d 20.d 21.d 22.d 23.d 24.d 25.d

1. What is dumping?

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a) it is an act which prevents intending buyers for bidding by pointing out defects in goods

b) there may be other devices which prevent bidders to bid for higher amount

c) it is an illegal act and entitles the auctioneer to withdraw the property from the auction

d) All the above

2. What are the essential conditions for Bailment?

a) It involves delivery of goods by one person to another

b) The goods has to be returned on accomplishment of the purpose

c) The goods can be otherwise disposed according to the direction of the person

d) all the above

3. Which of the following statements, is correct?

a) The person delivering the goods is called Bailor

b) The person to whom goods are delivered is called Bailee

c) The contact is called Bailment

d) all the above

4. The essentials of bailment are :

a) It requires two parties Bailor and Bailee

b) It involves delivery of processions of goods

c) The delivery of goods should be made for some purpose

d) all the above

5. Which of the following statements is a contact of Bailment?

a) delivery of watch for repair

b) leaving car at a parking stand

c) leaving luggage in a clock room

d) all the above

6. Which of the following statements is not Bailment?

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a) deposit of money in a bank

b) delivery of gold to goldsmith for ornaments

c) leaving garments with a dry cleaner

d) all the above

7. The features of constructive delivery are:

a) There is no change in physical possession

b) the goods remain where they are

c) by certain act the Bailee becomes the possessor

d) all the above

8. Which of the following statements is constructive delivery?

a) the delivery of railway receipt

b) repair of car

c) goods is kept in the gold storage

d) all the above

9. Which of the following statements is a contact of Bailment?

a) lending pen to a friend for examination purpose

b) leaving an article in the friend’s house in routine manner

c) delivering a piece of cloth to tailor for stitching a suit

d) all the above

10. Which of the following statements, is not correct?

a) There can be no Bailment of immovable property

b) The ownership is transferred for time being under the contact of Bailment

c) The goods should be Bailed for some specific purpose

d) goods may be returned in the original form or in altered form

11. Why a money deposited in the bank is not a contact of Bailment?

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a) money cannot be returned back

b) Deposit given to bank is not for safe custody

c) bank is free to use Depositor’s money according to his own choice

d) all the above

12. Bailment can be for:

a) exclusive benefit of the Bailee

b) exclusive benefit of the Bailor

c)mutual benefit of Bailee and Bailor

d) all the above

13. Which of the following is gratuitous Bailment?

a) motor car let out for hire

b) a bank lent to friend for examination

c) cloth given to tailor for stitching

d) car parked in the parking area which was paid

14. A ‘Condition’ stipulated in a contract of sale under Sale of Goods Act is:

a) The stipulation agreed between the parties is essential to the main purpose of the contract

b) The stipulation is such a nature that if is breached/ violated , the party to the agreement

would have a right to treat the contract as repudiated/cancelled

c) Both a and

d) None of the above

15. A ‘warranty ‘stipulated in a contract of sale Under Sale of Goods Act is:

a) A stipulation collateral to the main purpose of the contract

b) Breach of such stipulation gives rise to a claim for damages only and the parties cannot reject

the goods and treat the contract as repudiated

c) Botha a and b

d) None of these

16. In a contract of sale of goods:

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a) Conditions and warranties may be either express or implied

b) Express condition and warranties are those which are expressly stated in the contract and

implied conditions ad warranties are those which the law implies into every contract of sale of

goods

c) The implied conditions and warranties can be excluded by the parties to the contract if they

expressly agree on these issues

d) All the above

e) None of the above

17. Ina sale by sample, there is an implied conditions that:

a) The bulk shall correspond with the sample in quality

b) The buyer shall have an opportunity to compare the bulk with the sample

c) The goods shall be free from any defect, rendering them unmerchantable which would not be

apparent on reasonable examination of the sample

d) All the above

e) None of the above

18. As per the Doctrine of Caveat Emptor (Buyer Beware):

a) The person who buys the goods must keep his eyes open, mind active and cautious while

buying the goods

b) The buyer must examine the goods thoroughly and later on, if the goods do not serve the

purpose or he depends upon his own judgment and makes a bad choice , he cannot blame the

seller for selling him such goods

c) Both a and b

d) None of the above

19. In which of the following caser there arises an unpaid seller?

a) When the whole of the price has not been paid to the seller

b) When the bill of exchange drawn on the buyer is dishonored

c) Both a and b

d) None of the above

20. What are the rights of an unpaid seller?

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a) a lien of the goods for the price while he is in possession of them

b) In case of insolvency of the buyer , a right to stopping the goods in transit

c) A fight of re-sale

d) All the above

e) None of the above

21. In which of the following cases a seller has a lien over the goods?

a) Where the goods have been sold without any stipulation as to credit

b) Where the goods have been sold on credit, but the term of credit has expired

c) Where the buyer becomes insolvent

d) All the above

e) None of the above

22. When an unpaid seller has made part delivery of the goods, can he exercise a lien on the

reminder of goods in his possession?

a) Yes

b) No

c) None of these

23. In which of the following cases, the unpaid seller loses his lien over the goods?

a) When he delivers the goods to a carrier for transmission to the buyer

b) When the buyer lawfully obtains possession of the goods

c) Both a and b

d) None of the above

24. When the buyer of the goods becomes insolvent, the unpaid seller who has parted with the

goods has the right of stopping them in transit till tender of the price

(True/False)

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25. How can an unpaid seller effect stoppage of goods in transit?

a) By taking actual possession of the goods

b) By giving notice of his claim to the carrier

c) Both a and b

d) None of these

Key

1.d 2.d 3.d 4.d 5.d 6.a 7.d 8.a 9.b 10.b 11.d 12.d 13.b

14.c 15.c 16.d 17.d 18.c 19.c 20.d 21.d 22.a 23.c 24.T 25.c

1. In which of the following cases is the unpaid seller’s right of lien or stoppage in transit not

affected?

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a) When the goods are further sold or disposed of by the buyer

b) When the bill of lading is transferred by the buyer to another person who takes the document

in good faith and for consideration

c) None of the above

2. What are the other rights of an unpaid seller besides his rights against goods?

a) A right to use the buyer for the price of the goods

b) A right to use the buyer for damages on refusal to accept and pay for the goods by the buyer

c) The seller can repudiate the contract before the date of delivery

d) The right to recover interest or special damages

e) All the above

f) None of the above

3. What is Partnership?

a) It is relationship between persons

b) For sharing profits of the business

c) To carry on the business by all or any of them acting for all

d) All these

e) None of these

4. What is the minimum number of persons required to form a partnership?

a) Minimum number is two

b) Minimum number is ten

c) Minimum number is twenty

d) None of these

5. Which of the following statements, is correct?

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a) when neither the Bailor nor the Bailee is entitled to any remuneration is called gratuitous

Bailment

b)Where either the Bailee or the Bailor is entitled to remuneration is called non- gratuitous

Bailment

c)motor car let out for hire is a contact of non- gratuitous Bailment

d) all the above

6. The difference between Sale and Bailment is :

a) Ownership is transferred to buyer in the sale

b) buyer has no obligation to return the goods

c) in the contact of Bailment – both (a) and (b) are not applicable

d) (a) and (b)

7. Which of the following are the duties of a Bailor?

a) to disclose all the fault and defects in the goods bailed

b) Bailor must compensate the loss to Bailee

c) Duty of Bailor is to make aware the Bailee all the risk factors associated with the goods

d) all the above

8. The Duties of Bailee are:

a) responsible care of the goods Bailed

b) not to make unauthorized use

c) not to mix the goods in his own goods

d) all the above

9. Which of the following is not a duty of the Bailee?

a) To compensate for the loss even if it is due to natural factors

b) to return the goods in accomplished purpose

c) to return the goods with increase , if any

d) not to set up an adverse title

10. The right of the Bailee are:

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a) right to claim compensation for any losses

b) to return the goods in accomplishment purpose

c) to return the goods with increase

d) all the above

11. Which of the following statements, is wrong?

a) to stop delivery of gods if there is a dispute on the title of goods till the court clears it

b) a banker has a general lien

c) Bailor has right to deliver goods one of several joint Bailors

d) if there is a contrary contact; the right can be exercised

12. A finder of goods:

a) is a person who finds lost goods and as such acts as a Bailee

b) he has to exercise reasonable care of the goods

c)he has no right for compensation for voluntary expenses

d) having all the above features

13. Which of the following Rights, the finder does not have

a) to sue the owner for expenses incurred in searching him

b) to sue the owner for reward if specific reward is publically announced

c) to sell the goods if owner is not found

d) to retain the goods for lawful charges

14. Which of the following circumstances, the contact of Bailment gets terminated?

a) return of goods to the Bailee and settlement of Mutual Rights

b) if Bailee acts in consistently with conditions of Bailment

c) on the death either of the Bailor or Bailee

d) all the above

15. A delivered some books to B to be bound. B did not return even after many reminders and

even after lapse of considerable time. Five books out in B’s premises the books were burnt. B is

liable for the loss of books because:

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a) he was negligent

b) he did not return the books in reasonable time

c) B harassed A

d) B could have kept the books in a safe place

16. The difference between Bailment and Pledge is :

a) Pledge is the Bailment of goods for specific purpose i.e., security for a loan

b) Pledge has right to sale, the Bailee does not have

c) Pledge has no right of using the goods pledges

d) all the above

17. The rights to Pawnee are:

a) To retain the goods until dues are paid

b) rights to retain for subsequent advances

c) right to sue the power or sell goods on default

d) all the above

18. Which of the following statements, is correct regarding sale by Pawnee?

a) A sale of goods pledged by the Pawnee without notice to the pawner is void

b) A sale to Pawnee (self) is void

c) If sale proceeds are in surplus than the liability, Pawnee must return the surplus amount to

Pawner

d) all the above

19. The duties of the Pawnee are :

a) to take reasonable care of the goods pledged

b) not to make unauthorized use of goods pledged

c) not to mix pledged goods with own goods

d) all the above

20. Which of the following is not a duty of Pawnee?

a)To bear the premium charges for getting goods insured

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b) not to violate terms of the contact

c)returns the goods pledge on receipt of full dues

d) to deliver any accretion to the goods pledged

21. The rights of Pawner are:

a) right to sue the pownee for unauthorized sale of pledged goods

b) rights to receive back the goods along with accretion on payment of dues

c) right to redeem the debts at any subsequent time before the actual sale of goods

d) all the above

22. Which of the following is not a duty of pawner?

a) to compensate pawnee for extra ordinary expenses

b) not to sue pawnee for any default

c) to meet his obligation on stipulated date

d)to comply with the terms and conditions of contract

23.A Mercantile Agent can be defined as an Agent having authority:

a) to sell or consign goods for the purpose of sale

b) to buy goods for the purpose of sale

c) to buy goods or raise money on security of goods

d) all the above

24. Any pledged made by Mercantile Agent shall be valid if:

a) he has been expressly authorized by owner

b) pledge acts in good faith

c) pledge has no notice for the fact that the Agent has no authority to pledge

d) all the above

25. Which of the following are not documents of title?

a) quotation obtained for the goods

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b) Railway Receipt

c)Bill of Lading Dock warrant

d) warehouse certificate

Key

1.a 2.e 3.d 4.a 5.d 6.c 7.d 8.d 9.a 10.d 11.d 12.d 13.a

14.d 15.d 16.d 17.d 18.d 19.d 20.a 21.d 22.b 23.d 24.d 25.a

1. Which of the following cases is correct?

a) A lent a horse to B for a ride. The horse fell ill. B had to spent Rs. 1,000 on treatment. B can

claim the expenses from A as these are extraordinary expenses

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b) X leaves a cow in the custody of Y . The cow gives a birth to calf. X is the owner of the calf

and Y has to return it along the cow

c) A give some clothes to tailor for stitching and Rs. 1,000 were agreed as charges. On

completion A had to pay Rs .2, 000, the earlier dues. Tailor cannot exercise general lien. He can

retain clothes if current charges alone are not paid

d) all the above

2. What is the maximum number of partners allowed in a partnership firm?

a) If it is banking activity ten and non-banking activity twenty

b) If it is banking or non-banking activity maximum is twenty

c) If it is banking activity it is twenty and non- banking activity it is ten

d) None of the above

3. Maximum number of partners in a partnership firm is stipulated in:

a) Section 4 of Partnership Act

b) Section 11 of Companies Act

c) Section 11 of Negotiable instruments Act

d) None of the above

4. The Partnership agreement can be:

a) Oral

b) in writing

c) Either a or b

d) None of these

5. Can a Hindu Undivided Family (HUF) be a partner in a partnership firm?

a) No

b) Yes

c) None of these

6. What do you understand by “Partnership at will”?

a) Where a provision is made by contract between partners for the duration of their partnership ,

it is partnership at will

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b) Where there is no provision made by contract between partners for the duration of their

partnership or for their determination of their partnership it is partnership it is partnership

at will

c) None of the above

7. A Partnership firm signifies:

a) Persons who have entered into partnership are called partners

b) Collectively they are known as a firm

c) The name under which they run the business of firm

d) All the above

e) None of the above

8. Which among the following are essentials of a partnership firm?

a) Two or more persons

b) A business activity

c) Agreement by way of a partnership deed

d) All the above

e) None of the above

9. Which of the following is not an essential condition for a partnership?

a) Mutual agency

b) Sharing of profit or loss in an agreed or equal ratio

c) A minimum of 7 members

d) All the above

e) None of the above

10. What are the general duties of partners?

a) The partners are duty bound to carry on the business of the firm to the greatest common

advantage

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b) To be just and faithful to each other

c) To render true accounts and full information all things affecting the firm to any partner

c) Every partner to indemnify the firm for any loss caused to it by his fraud in the conduct of the

business of the firm

d) All the above

e) None of the above

11. What are mutual rights and liabilities of the partners?

a) Partners are not entitled to receive any remuneration for taking part in the conduct of the

business

b) The partners are entitled to share the profits earned equally and also share equally the loss

sustained by the firm

c) A partner is entitled to interest on capital subscribed by him and such interest is payable out

of profit only

d) All the above

e) None of the above

12. If a partner derives any profit for himself from any transaction of the firm, can he retain such

profits?

a) No it has to be paid to the firm

b) Yes he can retain such profits to himself

c) None of the above

13. When there is a charge in the constitution of the firm, whether mutual rights and duties of

the partners remain the same in the reconstituted firm?

a) No

b) Yes

c) None of these

14. Who is Del Credere Agent?

a) Who in consideration of extra commission guarantees his Principal the due performance of

the contact by the third party

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b) If the buyer does not pay Del Credere Agent

c) He occupies the position of Surety and Agent both

d) Who fulfils above norms

15. When a partner was induced to join by fraud, the aggrieved partner has the following fights:

a) To exercise lien on the assets of the firm

b) To rank as a creditor for any payment made by firm’s debtors

c) To be indemnified by partners who are guilty of the fraud

d) All the above

e) None of these

16. The relationship between partners and partnership firm is :

a) Agent and Principal

b) Employee and Employer

c) Servant and Master

d) None of these

17. How can partner of a firm retire from partnership?

a) With the consent of all the other partners

b) In accordance with an express agreement by the partners

c) Where the partnership is at will, by giving notice in writing to all the other partners of his

intention to retire

d) All the above

e) None of the above

18. Can an insolvent be a partner in a partnership firm?

a) Yes

b) No

c) None of these

19. A partner in a partnership firm is an:

a) Agent of the firm

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b) Owner of the firm

c) Shareholder of the firm

20. Which of the following does not fall under the implied authority of a partner?

a) Submit a dispute relating to the business of the firm to arbitrator

b) Open a bank account on behalf of the firm in his own name

c) Relinquish any claim on behalf of the firm

d) Withdrawn a suit or proceedings filed on behalf of the firm

e) Transfer any immovable property belonging to the firm

f) All the above

g) None of the above

21. What are the features of Contact of Agency?

a) agent is a person employed to do any act or to represent in dealing with third person

b)the person so employed is an Agent

c) a person who is represented by an Agent is Principal

d) all the above

22. Who cannot employ as an Agent?

a) a minor

b) a man of sound mind

c) who has attained the age of majority

d) a person who is competent to contract

23. Which of the following statements, is correct?

a) a minor can be appointed as an Agent

b) In above (a) case, Principal shall be bound to third person and Agent shall not be responsible

to the Principal

c) Consideration is necessary for a Contact of Agency

d) all the above

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24. Which of the following is a Mercantile Agent?

a) Factor and Broker

b) Del Credere Agent

c) Commission Agent

d) all these

25. Which of the following is not a non- Mercantile Agent?

a) Auctioneer

b) Director of a Company

c) Secretary of a Company

d) Personal Advisers

Key

1.d 2.a 3.b 4.c 5.a 6.b 7.d 8.d 9.c 10.d 11.d 12.a 13.b

14.d 15.a 16.a 17.d 18.b 19.a 20.f 21.d 22.a 23.d 24.d 25.a

1. How is the agency by implied Agreement is created?

a) existence of agency is inferred from the circumstances of the case

b) The contact of agency is implied from the conduct of the parties on a particular occasion

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c) Agency can be created from the relationship between parties

d) any of the above

2. A consigns goods to B for sale and gives him instructions not to sell under a fixed price C,

being ignorant of B’s instructions enter into a contact with B to but goods at a price lower than

the reserved price. What are the consequences?

a) A bound by the contact

b) it is a case of agency by estoppels

c) C believed that B’s action and obligation were within the scope of agent’s authority

d) all the above are applicable

3. Under what circumstances agency by necessity arises?

a) There should be a real necessity for acting on behalf of the Principal

b) it is impossible to communicate with the Principal within the time available

c)the alleged agent should act bonafied in the interest of Principal

d) any of the above

4. Which of the following is not agency by necessity?

a) pledging her husband’s credit for necessities by wife

b) pledging his wife’s credit for necessities by husband

c) agent exceeds his authority in an emergency

d) A Bailee does anything to protect or preserve the goods

5. Agency by Ratification means:

a) Subsequent adoption and acceptance of an act originally done without authority

b) The principal affirms the unauthorized act of his agent

c) the ratified action of agent will have same effects as if they has been performed by authority

d) all the above

6. A without B‘s authority lends B’s money to C. Later B accepts interest on the money from C.

It is ratification of A’s action because:

a) B’s contact implies a ratification of the loan

b) it is an implied ratification

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c) ratification relates back to time of contact

d) all the above conditions apply

7. The essentials of valid ratification are:

a) there should be a lawful act

b) The Principal must be existence

c) The Principal must be competent to contact

d) all the above

8. Which of the following is not essential for valid ratification?

a) The Principal must have full knowledge of all material facts

b) Ratification cannot be effective if it effect the interest of third person

c) whole transaction must be ratified

d) ratification should be within reasonable time

9. A Sub-Agent is a person:

a) who is employed by an agent

b) he acts under the control of Agent

c) original Agent acts as Principal for Sub- Agent

d) all the above

10. What are the consequences if Sub- Agent is appointed in a proper way?

a) the Principal is bound and liable for the acts of Sub-Agent

b) A principal cannot claim against Sub-Agent for negligence

c) the Sub-Agent is responsible for his acts to the Agent and not to the principal

d) all the above

11. Who is Substituted Agent?

a) A person suggested / appointed by Agent in his place at the request of the Principal

b) The main Agent drops out altogether from the scare

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c) The sub- Agent is responsible for his acts to the Agent and not to the Principal

d) who fulfils above conditions

12. The duties of an Agents are:

a) to follow the instructions or customs

b) to exercise reasonable skill and diligence

c) to render proper accounts

d) all the above

13. Which of the following is not a duty of an Agent?

a) to avoid conflict of interest

b) to delegate the authority to another person

c) not to make secret profits

d) to communicate in emergency

14. The Rights of an agent are:

a) right to retain the money of remuneration

b) right to remuneration

c) right to lien

d) all the above

15. Which of the following are not the right of an Agent?

a) right to remuneration if the agent is guilty

b) right to indemnity

c) right to compensation

d) right to lien on a particular property

16. The liability of the partners of a partnership firm is

a) Joint and several liability

b) Joint liability

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c) Individual liability

d) None of the above

17. Is a partnership firm liable for partner’s wrongful act or omission in the ordinary course of

business of the firm?

a) No

b) Yes

c) None of these

18. When a partnership firm receives money or property in the course of its business from a

third party and the same is misapplied by any of the partners while it is in the custody of the

firm, whether the firm is liable to make good the loss?

a) Yes

b) No

c) None of these

19. Can anyone who represents himself as a partner in a firm be made liable to third party who

has on the faith of any such representation given credit to the firm?

a) He is not liable as he is not a partner

b) He is liable as if he is a partner

c) He is not liable but the firm is liable

d) None of the above

20. If the partnership firm is continued even after the death of a partner, whether the estate of

the deceased partner is liable for any acts of the firm done after his death?

a) No

b) Yes

c) None of these

21. In which of the following circumstances the firm will be liable for misappro – privation by a

partnership?

a) When a partner acting within the authority receives money or property and misapplies it

b) When a firm receives money and it is misapplied by any of the partners

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c) Both a and

d) None of the above

22. What are the effects of admission of a new partner?

a) Existing partnership gets dissolved

b) In case the firm is registered, a notice of admission of a new partner should be submitted to

the registrar

c) A new partnership deed is necessary

d) All the above

e) None of the above

23. What are the different modes of retirement of a partner?

a) When the partnership is one “at will”, a partner may retire by giving notice to all the partners

b) A partner can retire at any time with the consent of all the partners

c) A partner may retire by agreement between the partners

d) Any one of the above

e) None of the above

24. A retired partner is prohibited from:

a) Using the firm name

b) Representing himself as carrying on business of the firm

c) Solicits customers of the firm

d) All the above

e) None of the above

25. Which of the following will be treated as conversion and not permitted by the bank?

a) A cheque favoring a partnership firm is endorsed by a partner for credit to hid personal

account

b) A cheque drawn by the firm in favor of a third party which endorsed in favor of an employee

of the firm and credited to his personal account

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c) A cheque favoring a partner credited to the account of partnership firm

d) Both a and b

e) None of the above

Key

1.d 2.d 3.d 4.b 5.d 6.d 7.d 8.b 9.d 10.d 11.d 12.d 13.b

14.d 15.a 16.a 17.b 18.a 19.b 20.a 21.c 22.d 23.d 24.d 25.d

1. Can a minor be admitted as a partner in a partnership firm?

a) Yes

b) No

c) None of these

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2. A minor can be admitted to the benefits of partnership with the consent of all the partners.

(True/False)

3. A minor who is admitted to the benefits of partnership is :

a) Entitled for a share in the property of the firm

b) Entitled for a share in the profit of the firm

c) Entitled to access to and inspect or copy any of the accounts of the firm

d) All the above

e) None of the above

4. Minor’s share in the property of the firm and its profits are liable for all acts of the firm but the

minor is not personally liable for any such acts

(True/False)

5. Can the minor use the partners of a firm for his share in the property of the firm and its

profits?

a) No

b) Yes

c) None of these

6. A minor, upon attaining majority does not give notice to the public as to whether he has

decided to become a partner in the firm or not. It can be presumed that

a) He has decided to become a partner in the firm

b) He has decide not to become a partner in the firm

c) None of the above

7. A minor who was admitted to the benefits of partnership, may give notice to the public about

his intention to become a partner in the firm either within 6 months of his attaining majority or on

obtaining knowledge of his admission to the benefits of partnership whichever date is later

(True/False)

8. Can a minor has become a partner in a firm after attaining majority be made liable for all

acts of the firm done since he was admitted to the benefits of partnership?

a) Yes

b) No

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c) None of these

9. Can the partners agree for dissolution of a firm?

a) Yes

b) No

c) None of these

10. In which of the following cases a firm is compulsorily dissolved?

a) By adjudication of all the partners as insolvent

b) When the business of the firm becomes unlawful

c) By the intervention of a Court

d) If constituted fir a fixed term, by the expiry of that term

e) All the above

f) None of the above

11. Are partners liable to third parties, after the dissolution of the firm?

a) Yes till notice is given to the public of the dissolution

b) Yes even after the dissolution of the firm

c) No since the firm is dissolved

d) None of the above

12. Which of the following is not the right of a partner after the firm is dissolved?

a) To carry on similar business immediately after dissolution

b) To use the other partners for the business losses of the dissolved firm

c) Right to share secret profit

d) Right to receive the premium to be paid by the new partner for a fixed term and the firm is

dissolved

e) None of the above

13. A firm gets automatically dissolved unless it is agreed to the contrary on:

a) Retirement of partner

b) Insolvency of a partner

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c) death of a partner

d) All of these

e) None of these

14. Registration of a partnership firm is :

a) Not compulsory

b) Compulsory

c) None of these

15. What are the disabilities of an un-registered firm?

a) A partner of an unregistered firm cannot use the firm or other partners

b) An unregistered firm cannot file a suit against a third party to enforce any right arising from a

contract

c) An unregistered firm any of its partner cannot claim a set-off in a proceeding instituted against

the firm by a third party to enforce a right arising from contract

d) All the above

e) None of the above

16. Which of the following is not affected by non-registration of a firm?

a) The right of the third party to use the firm or any of its partner

b) The right of the partner to use for dissolution of the firm

c) Power of an Official Assignee of Receiver to realize the property of an insolvent partner

d) All the above

e) None of the above

17. What is a Limited Liability Partnership?

a) It is a body corporate with no ceiling on the number of members

b) It is a separate legal entity with perpetual succession

c) The liability of the partners is limited

d) All of these

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e) None of these

18. Which of the following committees recommended introduction of LLP in India?

a) Naresh Chandra Committee

b) J.J Irani Committee

c) Narasimham Committee

d) Both a and b

e) None of these

19. The Limited Liability Partnership Act was enacted in the year:

a) 2008

b) 2009

c) 2007

d) None of these

20. An LLP is registered with:

a) Registrar of Firms

b) Registrar of Companies

c) Registrar of Assurances

21. Which of the following document s are issued when an LLP is registered?

a) Certificate of Incorporation

b) Certificate of Registration

c) Certificate of Commencement to Business

d) None of the above

22. The liability of a partner in a LLP is limited to the extent of his contribution to the firm.

(True/False)

23. Can the LLP raise money firm the public?

a) Yes

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b) No

c) None of these

24. An LLP can acquire partners hold and dispose of property in its own name and use and be

used independent of the partners

(True/False)

25. In which of the following cases, the liability of partners of an LLP becomes unlimited?

a) When the Partners of an LLP are found to have defrauded the creditors of LLP

b) When an LLP carries on business without a minimum number of partners as required

c) Both a and b

d) None of these

Key

1.b 2.T 3.d 4.T 5.a 6.a 7.T 8.a 9.a 10.e 11.a 12.a 13.d

14.a 15.d 16.d 17.d 18.d 19.a 20.b 21.a 22.T 23.b 24.T 25.c

1. Can a partnership firm be converted into an LLP?

a) Yes

b) No

c) None of these

2. Are the provisions of Partnership Act, 1932 applied to an LLP?

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a) Yes

b) No

c) None of these

3. Just like a partnership agreement, is there any document under an LLP?

a) There is no such document under an LLP

b) Yes there is an LLP agreement among the partners

c) None of these

4. LLP type of organization is suitable for:

a) Chartered Accounts

b) Company Secretaries

c) Advocates

d) All of these

e) None of these

5. Minimum number of partners required to form an LLP is two. Maximum number is :

a) Twenty

b) Ten

c) There is no maximum ceiling

d) None of these

6. An Agent has a right to be indemnified by the Principal in the following circumstances:

a) for all lawful acts done by the Agent in exercise of his authority

b) the act is done by the Agent in good faith

c) the agent need to be indemnified if acts has an injury to the right of third person

d) in all the above

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7. This is the duty of the Principal to indemnify the Agent in the following conditions:

a) a lawful act done by the Agent within the authority

b) an act done by the Agent in good faith causing an injury to the Right of third party

c) Any injury suffered by the Agent due to Principal’s negligence

d) In all the above conditions

8. The right of the Principal are:

a) right to revoke Agency

b) right to secret profit of the Agent

c) right to repudiate the transaction if Agent has dishonestly canceled any material face

d) all the above

9. The Principal is liable for the following acts of the agent:

a) when agent acts within the scope of his actual and apparent authority

b) when misrepresentation made or fraud committed by the Agent acting within the scope of his

actual authority

c) Principal is bound by the notice given to or information obtained by the Agent in the course of

agency business

d) all the above

10. What is the liability based on doctrine of estoppels?

a) when a Principal acts in such a way that it appears that he has conferred upon his Agent

authority to make a certain contact, is estoppels from disputing the validity of contact

b) The Principal in the above case is bound by the acts of agent

c) The Agent may not be aware of the fact that he had any authority in relation to those acts

d) all the above

11. In which of the following cases the Agent would be personally liable?

a) when an Agent acts for a foreign Principal

b) when Agent does not disclose the name of his Principal

c) Agent acting for a mirror

d) all the above

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12. Pledge means:

a) advance against goods

b) hypothecation of goods

c) bailment of goods are security for payment o a debt or performance of a promise

d) open limits

13. In case of advance against pledge of goods:

a) possession as well as ownership pass to the bank

b) possession and ownership remain with the borrower

c) the possession passes to the bank but the legal ownership remains with the borrower

d) possession with the borrower and ownership with the bank

14. In pledge, the delivery of goods may be:

a) actual

b) constructive

c) both of the above

d) any of the above

15. Which of the following transaction would amount to the pledge?

a) delivery of the key where the goods are stored

b) endorsement of Railway Receipt/ Lorry receipt in favour of bank by borrower

c) endorsement of warehouse receipt by the borrower in favour of the bank

d) none of the above

16. The bailment of goods as security for payment of a debt or performance of a promise is

known as:

a) Pledge

b) Hypothecation

c) Mortgage

d) Lien

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17. Which of the following conditions are essential to constitute a valid pledge?

a)Bailment of goods

b) Bailment must be or on behalf of the debtor or intending debtor

c) It must be the intention of the parties that the goods will serve as security for a debt or

performance of a promise

d) all the above

18. A valid pledge can be in respect of :

a) goods ,or any other movable property

b) stocks and shares

c) documents of title to goods

d) all the above

19. Which of the following statements, is correct?

a) The delivery of documents of the title to goods (except bill of lading) by the owner of the

goods to the lender is not considered as a valid pledge in English Law, however, under the

Indian Law, such delivery constitute a valid pledge

b) The delivery of documents of title to goods by the owner of the goods to the lender is not

considered as a valid pledge in Indian Law, such delivery constitute a valid pledge

c) both of the above are correct

d) none of the above

20. If the possession on the goods or securities pledged is lost, it is deemed to have come to an

end except:

a) where a letter to Pledge is executed

b) where a letter of hypothecation is executed c) where a Trust Receipt is executed

Key

1.a 2.b 3.b 4.d 5.c 6.d 7.d 8.d 9.d 10.d 11.d 12.b 13.c

14.d 15.b 16.a 17.d 18.d 19.d 20.a

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