recruitment Flashcards

1
Q

indemnity

A

124

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2
Q

guarantee

A

126

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3
Q

contracts defined

A

2(h)

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4
Q

2(e)

A

agreement

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5
Q

2(b)

A

promise

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6
Q

valid contract

A

free consent
parties competent to contract
lawful consideration
lawful object not declared to be void

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7
Q

proposal defined

A

2(a)

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8
Q

agreement without consideration is void

A

sec 25

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9
Q

competent

A

sec 10, sec 11 (who is competent - age of majority + sound mind), sec 12

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10
Q

undue influence

A

sec 16

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11
Q

fraud

A

sec 17

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12
Q

when does fraud happen

A
  1. suggestion believing it not to be true
  2. active concealment
  3. promising without the intention of performing jt
    4.
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13
Q

when silence amounts to fraud

A
  1. utmost good faith (uberrima fide)
  2. silence equivalent to speech
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14
Q

when silence amounts to fraud

A
  1. utmost good faith (uberrima fide)
  2. silence equivalent to speech
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15
Q

when coercion

A
  1. threatening to do act forbidden by ipc
  2. threatening to detain property
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16
Q

misrepresentation

A

sec 18

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17
Q

misrep

A
  1. innocent misrep
  2. misleading misrep
  3. suppression of vital facts
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18
Q

consent

A

sec 13

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19
Q

unlawful agreement

A
  1. forbidden by law
  2. defeat provisions of any law
    3 fraudulent
  3. involves or implies injury to the person or property
  4. immoral or opposed to public party
20
Q

discharge of contracts

A

peformance
breach
impossible
agreement

21
Q

situations of impossibility

A
  1. destruction of subject matter
  2. law
  3. war
22
Q

damages

23
Q

indemnity section

24
Q

indemnity

A

promise to save one from loss caused by the act of promisor or third person

25
Q

right of indemnity holder

A

sums, costs and damages that he may be made to pay in a suit

26
Q

guarantee section

27
Q

parties

A

surety, creditor, principal debtor

28
Q

consideration in guarantee

A

anything done for the principal debtor

29
Q

suretys liability

A

co extensive with that of the principal debtor

30
Q

when guarantee invalid

A

misrep, concealment

31
Q

essentials of a guarantee

A

three parties
liability enforceable by law

32
Q

discharge of surety

A
  1. continuing guarantee - any time
  2. detah of surety
  3. variance
  4. loss of security by the creditor
33
Q

bailment bailor bailee defined section

34
Q

essentials of bailment

A

delivery of possession, specific purpose, goods to be returned or disposed off

35
Q

types of bailment

A

gratituous, use, reward, safe custody, mutual benefit, pleadge. finding of lost goods

36
Q

bailors duty

A

disclose, repayment of expenses

37
Q

duty of bailee

A

no unauthorised use
return
care

38
Q

pledge

39
Q

section 5 of arb act

A

no judicial intervention

40
Q

section 9 of arb act

A

interim measures from court

41
Q

section 9 of arb act

A

interim measures from court

42
Q

sec 11

A

appt of arb

43
Q

section 34

A

setting aside - public policy fraud misrep corruption fundamental procedural unfairness

44
Q

contract in restraint of marriage void

45
Q

contract in restraint of trade

46
Q

void agreements

A

marriage
trade
unlawful
legal proceedings
wagers