WorksheetsELEMENTS OF CONTRACT
Total questions: 45
Worksheet time: 38mins
Which of the following is NOT the correct elements of contract?
Acceptance
Certainty
Intention
Coercion
What is the case name for third element of contract regarding ADEQUACY OF CONSIDERATION?
Carlill v Carbolic Smoke Ball
Fisher v Bell
Kerpa Singh v Bariam Singh
Phang Swee Kim v Beh I Hock
In the exception to the general rule for consideration, only one party will received the benefit.
TRUE
FALSE
Contract valid without consideration due to ___________
family relation
love and affection
free consent
the relation no longer existed
What is this?
Squirrel
Koala
Mouse
Sloth
Intention in contract can be seen trough agreement and action. Which cases is correct to illustrated this statement?
Kerpa Singh v Bariam Singh
Balfour v Balfour
Merritt v Merritt
Carlill v Carbolic Smoke Ball
There is presumption that parties have intention to make legally binding contract for all commercial agreement
TRUE
FALSE
In the case of Merritt v Merritt, the contract was ___________
valid
invalid
void
voidable
Section for capacity to enter a contract is _____
7
10
12
30
There are 3 exception where a minor can enter into a contract. Which is INCORRECT answer?
Necessity goods
Hire & Purchase
Education
Marriage
What does uncertainty means?
clear
ambiguity
correct
static
Which case is suitable to illustrate about certainty?
Karuppan Chetty v Suah Thian
Government of Malaysia v Gurcharan Singh
Rajeswary v Balakrishnan
Tan Hee Juan v Teh Boon Kiat
Which of the following is NOT the CORRECT situation for invitation to treat?
Advertisement
Display of goods on the shelves
Auction
Postal rule
Silence means the acceptor agree to the proposal
True
False
Person's ability to satisfy the elements required for someone to enter binding contracts
Consideration
Mutual Assent
Capacity
Offer and Acceptance
Consideration is...
a set of mutual promises in which each party agrees to give up something to the benefit of the other.
The amount of time one has to accept an offer.
The 5 minutes following an offer that must elapse before an acceptance can take place.
The element of a contract that says the value of what each party is giving up must be equal.
Which of the following is the most common/ acceptable reason to discharge a contract.
Performance
Fraud
Breach
Agreement
What are the elements to form a valid contract?
offer, acceptance, intention to create legal relation, consideration
offer, acceptance, invitation to treat, consideration, capacity
offer, acceptance, consideration, intention to create legal relation, capacity,certainty
offer, acceptance, benefit, competency, invitation to treat
Does silence is consider as acceptance to the proposal?
(a)
How many types of consideration are there?
1
2
3
4
Every person in Malaysia attains the age of majority at...
17 yrs
18 yrs
19 yrs
25 yrs
In an auction session, when does the acceptance takes place?
When bidders make bids
When the auctioneer knocks his hammer confirming the highest bid
when the bidder wins the bid
When full payment of the item is payed
Which section allows a person to sell his horse worth RM1000 for only RM10?
S.3 Contracts Act
S,5 Contracts Act
S.26 Contracts Act
S.28 Contracts Act
Advertisements made by manufacturers are considered as ...
offers
invitation to treat
past consideration
executory consideration
What is a contract?
man made law
legally binding agreement between parties
rules for contract
binding agreement
What is meant by discharge of a contract?
When the contract is signed
When the rights and duties created by it come to an end
When one party breaches the contract
When the contract is modified
A contract is said to be discharged by frustration when
An unforeseen event makes performance impossible
One party fails to perform
Both parties agree to terminate
The contract is fulfilled
A contract may be discharged by mutual agreement when
One party is dissatisfied
Both parties consent to terminate the contract
The contract is breached
The contract is deemed illegal
Which of the following is an example of a contract being discharged by performance?
One party fails to fulfill their obligations
Both parties agree to end the contract
The contract is fulfilled as agreed
A party declares bankruptcy
A contract can be discharged by
Performance
Breach
Agreement
All of the above
A contract will be discharged when there is a change of situation which made the contract become impossible to be performed.
The above statement refers to discharge of contract by…
breach
frustration
agreement
performance
Rubina entered into contract with Yash to perform dance once in his theatre on or before November 20, 2019 for Rs. 1,00,000 but she did not perform at or before that specified date. Can Yash rescind the contract?
Yes
No
Contract is governed by ..............
The Contracts Act 1940
The Contracts Act 1950
The Contracts Act 1960
The Contracts Act 1970
The courts will allow a discharge for impossibility of performance when:
substantial performance has occurred in good faith.
a tender of performance occurs.
death or illness prevents the performance of the contract.
there is a mutual agreement by all parties involved.
What is the definition of coercion as per Section 15 of the Contract Act?
The active concealment of a fact by one having knowledge or belief of the fact
The suggestion as to a fact of that which is not true by one who does not believe it to be true
The committing or threatening to commit any act forbidden by the Penal Code to cause a person to enter into an agreement
Any other act fitted to deceive
Fiona signs a contract to sell her antique collection gifted to her by her grandmother to Gary, Fiona was told by her grandmother that the items are genuine. She was confident in telling Gary that the items are genuine antiques. Believing Fiona's statement, Gary was persuaded to buy the antiques. Gary brought the items to a pawn shop to be valued but the items were found to be replicas. What is the legal status of the contract?
The contract is valid because Gary is unaware of Fiona's mistake.
The contract is unenforceable because it involves a mistake of fact.
The contract is void because it involves innocent misrepresentation
The contract is voidable due to Fiona's innocent misrepresentation.
According to Section 17 of the Contract Act, what does NOT include fraud?
The active concealment of a fact by one having knowledge or belief of the fact
The suggestion as to a fact of that which is not true by one who does not believe it to be true
A promise made with intention of performing it
Any other act fitted to deceive
What is the effect of a contract tainted by misrepresentation or by silence, fraudulent within the meaning of section 17?
The contract is voidable at the option of the party who committed the misrepresentation or silence
The contract is valid and enforceable by law
The contract becomes void and unenforceable by law
The contract is voidable at the option of the party whose consent was so caused
What type of mistake affects free consent?
Mistake as to identity
Mistake of law
Both A and B
None of the above
Harry, a landlord, threatens to release embarrassing CCTV footage of his tenant, Sarah, unless she signs a new lease agreement with significantly increased rent. What is the likely legal consequence?
The contract is valid because it involves a landlord-tenant relationship.
The contract is voidable at the option of Sarah due to undue influence.
The contract is voidable at the option of Sarah due to coercion.
The contract is void because it involves economic duress.
