MODEL NOTES FOR JUDICIAL EXAM - 74

1. The Doctrine of Frustration of Contract is provided in Section ____ of the Indian Contract Act:

     A. 56

     B. 72

2. Assertion (A) : Necessity knows no law.
  Reason (R) : Necessity does not justify indiscriminate throwing of passengers over board to save sinking boat.
 Codes :
A. Both (A) and (R) are true and (R) is the correct explanation of (A)
B. Both (A) and (R) are true but (R) is the not correct explanation of (A)

3. X knows Y to be behind a bush. Z does not know it. X intending to cause knowing it to be likely to cause Y's death, induces Z to fire at the bush. Z fires and kills Y. Here Z may be guilty of no offence but
    Ans: X has committed the offence of culpable homicide

4. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by 
     A. six months' notice
     B. three months' notice

5. The Six Carpenters Case [1572] EngR 452 is related to
      A. Trespass ab initio
      B. Slander of goods

6. Fact means and includes
     A. anything, state of things, or relation of things, capable of being perceived by the senses
      B. any mental condition of which any person is conscious
      C. Both

7. "Evidence" means and includes--
      A. all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry
      B. all documents including electronic records produced for the inspection of the Court
        C. Both

8. A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. True/False
     Ans: True

9. The communication of an acceptance is complete as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer. Which section of the Indian Contract Act provides the same?
      Ans: Sec. 4
       B accepts A’ s proposal by a letter sent by post. The communication of the acceptance is complete as against A when the letter is posted; as against B, when the letter is received by A.

10. Choose the true statement about propositions:
Propositions:
(I) Evidence must be confined to the matters in issue
(II) The best evidence must be given in all cases
(III)Circumstantial evidence cannot be admitted
Assertations:
A.  I and II are correct, III is incorrect
B. II and III are incorrect, I is correct