व्यावसायिक कानुन – Business & Corporate Law MCQ
व्यावसायिक कानुन – CA / ACCA
Business & Corporate Law · Chartered Accountancy (CA, ACCA) · ४०९ प्रश्न
४०९ प्रश्न उपलब्ध। मोड छान्नुहोस्:
व्यावसायिक कानुन: प्रश्न र उत्तर
सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।
सही: ० / ०
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Davis Contractors Ltd v Fareham UDC (1956) established that a contract is NOT frustrated merely because:
सही उत्तर: ख) Performance has become more expensive or difficult than expected
Higher cost and delay due to labour shortages did not change the basic nature of the obligation. Frustration needs performance to become radically different from what was agreed.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In Krell v Henry (1903), a room was hired to view a coronation procession that was then cancelled. The contract was:
सही उत्तर: ग) Frustrated because its foundation had failed
Both parties knew the coronation procession was the whole purpose of the hire. When it was cancelled, the contract was frustrated, even though the room was still available.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Taylor v Caldwell (1863), where a music hall was destroyed by fire before the concerts, is an example of:
सही उत्तर: ख) Frustration due to destruction of the subject matter
The hall burned down after the contract was made, through neither party's fault, so performance became impossible. The parties were discharged.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In Phillips v Brooks (1919), a rogue posing as Sir George Bullough bought a ring face to face. The contract was held to be:
सही उत्तर: ग) Voidable for fraud, not void for mistake
In face-to-face dealings the seller is presumed to intend to deal with the person in front of them. Because the contract was only voidable, a third party who bought in good faith before it was avoided got good title.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Raffles v Wichelhaus (1864), involving two ships named 'Peerless', is an example of:
सही उत्तर: क) Mutual mistake, so there was no agreement (no consensus ad idem)
Each party had a different ship in mind and there was no means of deciding which was meant. The parties never agreed on the same thing.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In Couturier v Hastie (1856), the cargo of corn had already been sold and disposed of before the contract was made. The contract was:
सही उत्तर: क) Void for common mistake as to the existence of the subject matter
Where the subject matter no longer exists when the contract is made (res extincta), there is nothing to contract for. Frustration applies only to events after formation.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In which type of contract is there a positive duty to disclose all material facts (uberrimae fidei)?
सही उत्तर: क) Insurance contract
Insurance contracts require utmost good faith, so material facts must be disclosed. In most other contracts, mere silence is not a misrepresentation.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In Edgington v Fitzmaurice (1885), a false statement of the purpose for which money was being borrowed was held to be:
सही उत्तर: क) A misrepresentation of fact, because a person's state of mind is a fact
Bowen LJ said 'the state of a man's mind is as much a fact as the state of his digestion'. Misrepresenting one's present intention is therefore a misrepresentation of fact.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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Bisset v Wilkinson (1927) held that a statement about how many sheep a farm could carry, made by a seller with no experience of sheep farming, was:
सही उत्तर: ख) A statement of opinion and not a misrepresentation
An honestly held opinion is not a statement of fact. Neither party had expert knowledge, so the buyer could not rescind.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
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In Derry v Peek (1889), fraud was defined as a false statement made:
सही उत्तर: क) Knowingly, without belief in its truth, or recklessly whether it is true or false
The directors honestly believed their statement, so they were not liable for fraud. Fraud requires the absence of honest belief.
💬 टिप्पणी / गल्ती रिपोर्ट (०)
यी अभ्यास प्रश्न हुन्, आधिकारिक प्रश्न होइनन्। पाठ्यक्रम, विज्ञापन र नतिजाका लागि सम्बन्धित निकायको आधिकारिक वेबसाइट हेर्नुहोस्। उत्तरमा गल्ती भेटे प्रश्नमुनिको "टिप्पणी / गल्ती रिपोर्ट" मा लेख्नुहोस्।
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