Maxims and Doctrines Questions for CLAT & IBPS SO Law officer Exam.

Maxims and Doctrines Quiz 1

Direction : Study the following question carefully and choose the right answer.
1. What is meant by Consensus ad idem ?
A. Disagreement of Minds B. No contract between parties
C. Void agreement D. The meeting of minds.

2. What is Meant by Ubberrima fides ?

A. Malafide Action B. Wrongful confinement
C. Vicious injury D. Utmost good faith

3. What do you mean by Nudum Pactum?

A. Illegal object B. Contract formed on alien barren land
C. A gratuitous or bare promise, devoid of any consideration D. Malafide Practice

4. What is meant by Quid pro quo?

A. Nothing for nothing B. Cheap bargain
C. Ilegal agreement D. Something for something/ consideration.

5. What is meant by doctrine of restitution?

A. Law doctrine gains based recovery B. Law doctrine which bars recovery
C. Law doctrine which allows mercy petitions D. Law doctrine based on death penalty

6. What is meant by Doctrine of Implied term?

A. Practice of setting down default rules for contract.
B. Practice of setting down new rules for contract.
C. Practice of setting down void rules of contract.
D. Practice of setting down rules for foreign nationals.

7. What is Doctrine of Subrogation?

A. Substitution of one person or group by another group.
B. Hereditary rights of a party.
C. Malevolence claims of party.
D. Claims of Pension rights of party.

8. What is meant by Pari delicto?

A. Equal loss B. Equal gain C. Equal fault D. Equal respect

9. What is meant by Doctrine of supervening impossibility?
A. Doctrine applies when Contract is impossible to perform from the start.
B. Doctrine of Illegal contracts.
C. Doctrine of Void Contracts.
D. Doctrine when Contract becomes Impossible to perform.

10. What is meant by doctrine of Quantum meruit?

A. Compensation for work inadequate.
B. Reasonable some of money in a contract where price was not fixed.
C. Unreasonable compensation.
D. No compensation for work.

Correct Answers:
1 2 3 4 5 6 7 8 9 10
D D C D A A A C D B

Explanations:

1. There must be meeting of minds of both the parties on the same subject for a valid contract.
EXAMPLE 1 - X contracts with B to sell his White house. B sends his acceptance for the same horse. A valid
Contract is made.
EXAMPLE 2- X contracts with B to sell his White Horse. B sends his acceptance for the Black horse of X. This is
not a valid contract.

Hence, option D is correct.

2. Utmost good faith.

It is the name of a legal doctrine which governs insurance contracts. This means that all parties to an insurance
contract must deal in good faith, making a full declaration of all material facts in the insurance proposal. This
contrasts with the legal doctrine caveat emptor ("let the buyer beware")

Hence, option D is correct.

3. A gratuitous or bare promise, devoid of any consideration.

A nudum pactum in Latin literally means 'Bare or Naked Promise.' In common law, it refers to a promise that is
not legally enforceable for want of consideration. An example of a nudum pactum would be an offer to sell
something without a corresponding offer of value in exchange. While the offer may bind a person morally,
since the offer has not been created with any consideration, it is gratuitous and treated as a unilateral
contract. The offer is therefore revocable at any time by the offeror before acceptance by the offeree.
Hence, option C is correct.
4. Quid pro quo in Latin stands for "something for something," and is used to describe when two parties
engage in a mutual agreement to exchange goods or services. In a quid pro quo agreement one transfer is
contingent upon a reciprocal transfer. As a term, quid pro quo is used similarly in business and legal contexts
to convey that a good or service has been exchanged for something of equal value.

Hence, option D is correct.

5. The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of
compensation, which is the law of loss-based recovery. When a court orders restitution it orders the
defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity demands
that such property or goods be restored by minor.

Example- X a minor makes a contract with D to sell his house and pays him 50000 rupees. The contract is held
as void ab intio by the court and the house is returned to X. X must return the Consideration for the house i.e.
50k back to D.

Hence, option A is correct.

6. Implied terms in English law refers to the practice of setting down default rules for contracts, when terms
that contracting parties expressly choose run out, or setting down mandatory rules which operate to override
terms that the parties may have themselves chosen.

Hence, option A is correct.

7. Subrogation means Substitution of one person or group by another in respect of debt or insurance claim.
The doctrine of subrogation provides that if an insurer pays a loss to its insured due to the wrongful act of
another, the insurer is subrogated to the rights of the insured and may prosecute a suit against the wrongdoer
for recovery of its outlay.

EXAMPLE X- gives guarantee on behalf of B to A that he will pay the money if B is unable to pay the money. B
fails to Pay. Here A can subrogate X in place of B because he is the guarantor of debt

Hence, option A is correct.

8. Pari delicto means at equal fault. For example- X contracts with B to paint his house after it has been
completed on 1 January 2029. Neither the house is completed nor does the painter come to paint the house
as he is busy. Here both parties are at equal fault and no action in court of law arises.

Hence, option C is correct.

9. A contract, which at the time it was entered into, was capable of being performed may subsequently
become impossible to perform or unlawful. In such cases, the contract becomes void. This is known as the
doctrine of supervening impossibility. It is also known the doctrine of frustration.

Hence, option D is correct.

10. Quantum meruit means reasonable sum of money rendered or work done when the amount due is not
stipulated in a legally enforceable contract. Used when price is not fixed for service rendered. Examples of
these situations include receipt of care by an emergency room physician, legal services without signing a fee
agreement, or obtaining spur-of-the moment services of the neighbour’s gardener. In such situations there
can be no doubt that the individual deserves to be paid for services rendered, but it is not uncommon for
disputes to arise over the actual amount billed after the fact.

Hence, option B is correct.