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Free Civil Law MCQs with Answers

912 Civil Law MCQs from Law and Constitution, each with the correct answer and a written explanation of why it is correct. Free and unlimited, with no account needed.

Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.

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912 questions · page 7 of 46

121. A is lawfully in possession of certain land. The inhabitatns of neighbouring village claims a right of way across the land ?

  • A. A may sue for a declaration that they are not entitled to right so claimed
  • B. The villagers may sue for declaration their right of way
  • C. Any stranger person can sue for declaration
  • D. Non of These

Explanation: A person in lawful possession may seek a declaration denying an alleged easement or right of way over the land.

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Correct answer: A may sue for a declaration that they are not entitled to right so claimed

122. Which section of the Specific Relief Act, from the following deals with declaration?

  • A. Section 40, the Specific Relief Act
  • B. Section 41, the Specific Relief Act
  • C. Section 42, the Specific Relief Act
  • D. Non of These

Explanation: Section 42 authorizes a declaratory decree concerning a person’s legal character or property right.

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Correct answer: Section 42, the Specific Relief Act

123. As provided in section 39, of the Specific Relief Act, A the owner of a ship by fraudulently representing her to be seaworthy induces B an underwriter, to insure her ?

  • A. A may obtain the cancellation of the policy
  • B. B may obtain the cancellation of the policy
  • C. None of the above may obtain the cancellation of the policy
  • D. Non of These

Explanation: The insurer, B, was induced by A’s fraudulent misrepresentation, so B may seek cancellation of the policy under section 39.

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Correct answer: B may obtain the cancellation of the policy

124. Section 31 to 34, of the Specific Relief Act, deals with ?

  • A. Rectification of the instrument
  • B. Recession of contract
  • C. Cancellation of instrument
  • D. Non of These

Explanation: Sections 31 to 34 form the provisions on rectification of instruments, allowing a written instrument to be corrected when it fails to…

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Correct answer: Rectification of the instrument

125. A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land B?

  • A. May compels A's heirs or other representative in the interest to perform the contract specifically
  • B. Can not compels A's heirs or other representatives in interest to perform the contract specifically
  • C. May claim against State.
  • D. Non of These

Explanation: A contract to convey land generally binds the promisor’s representatives in interest, so B may compel A’s heirs or other representatives…

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Correct answer: May compels A's heirs or other representative in the interest to perform the contract specifically

126. A, in the character of agent for B enters into an agreement with C to buy C's house A is in reality acting not as agent for B but on his on account ?

  • A. A cannot enforce specific performance of this contract
  • B. A can enforce specific performance of this contract
  • C. Both (a) and (b)
  • D. Non of These

Explanation: An agent cannot obtain specific performance where he was only ostensibly acting for the principal but was actually contracting for…

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Correct answer: A cannot enforce specific performance of this contract

127. Section 23, of the Specific Relief Act deals with____________?

  • A. The persons who may obtain specific performance of a contract
  • B. The contracts which may specifically be enforced
  • C. The persons against whom specific performance can not be granted
  • D. Non of These

Explanation: Section 23 identifies the persons entitled to obtain specific performance, including parties to the contract, their representatives in…

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Correct answer: The persons who may obtain specific performance of a contract

128. Specific performance of a Contract can be sought upon ?

  • A. Written agreements
  • B. Oral agreement
  • C. Both (a) and (b)
  • D. Non of These

Explanation: Specific performance may be sought for either a written or an oral agreement, provided the agreement is valid, sufficiently certain and…

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Correct answer: Both (a) and (b)

129. A person entitled to the possession of specific movable property may recover the same in the manner prescribed by the?

  • A. The Specific Relief Act, 1877
  • B. The Code of Civil Procedure
  • C. The Contract Act, 1872
  • D. Non of These

Explanation: Recovery of specific movable property is pursued through the procedure provided by the Code of Civil Procedure, while the Specific Relief…

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Correct answer: The Code of Civil Procedure

130. As per section 7, of the Specific Relief Act, specific relief can not be granted for the mere purpose of enforcing a__________ law?

  • A. Constitutional
  • B. Civil
  • C. Penal
  • D. Non of These

Explanation: Specific relief is a civil remedy and cannot be used merely to enforce a penal law.

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Correct answer: Penal

131. Every application made under Section 45, of the Specific Relief Act, must be accompanied with affidavit from ?

  • A. Injured person
  • B. Respondents
  • C. None of the above
  • D. Non of These

Explanation: An application under Section 45 must be supported by an affidavit from the person claiming to have been injured.

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Correct answer: Injured person

132. As per section 5, of The Specific Relief Act provides________ ways through which relief can be given?

  • A. 5
  • B. 7
  • C. 10
  • D. Non of These

Explanation: Section 5 lists five modes of granting specific relief: delivery of possession, compelling an act, preventing an act, declaring rights and…

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Correct answer: 5

133. Relief can not be granted for agreements which are ?

  • A. Enforceable by law
  • B. Not enforceable by law
  • C. Both (a) and (b)
  • D. Non of These

Explanation: Specific relief presupposes an obligation or agreement enforceable by law; an unenforceable agreement cannot support the remedy.

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Correct answer: Not enforceable by law

134. As per section 3, of Specific Relief Act every duty enforceable by law is called ?

  • A. Duty
  • B. Legal duty
  • C. Obligation
  • D. Non of These

Explanation: Section 3 uses “obligation” for every duty enforceable by law. “Legal duty” is a descriptive phrase, but it is not the statutory defined…

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Correct answer: Obligation

135. The Specific Relief Act, was enforced on_______________?

  • A. 1st March 1877
  • B. 1st April 1877
  • C. 1st May 1877
  • D. Non of These

Explanation: The Act came into force on 1 May 1877, as indicated by its commencement provision.

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Correct answer: 1st May 1877

136. Section 56 of the Specific Relief Act, describe conditions when_________________?

  • A. Injunction is granted
  • B. Injunction is refused
  • C. None of the above
  • D. Non of These

Explanation: Section 56 lists circumstances in which an injunction cannot be granted, such as restraining criminal proceedings or proceedings in a…

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Correct answer: Injunction is refused

137. Mandatory injunction is provided in________________?

  • A. Section 53, of the Specific relief Act
  • B. Section 54, of the Specific relief Act
  • C. Section 55, of the Specific relief Act
  • D. Non of These

Explanation: Section 55 deals with mandatory injunctions, which compel a party to perform an act necessary to prevent the breach of an obligation.

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Correct answer: Section 55, of the Specific relief Act

138. Section 54, of the Specific Relief Act deals with ?

  • A. Temporary injunctions
  • B. Perpetual injunctions
  • C. Both A and B
  • D. Non of These

Explanation: Section 54 concerns perpetual injunctions, which finally restrain a threatened or continuing breach of an obligation.

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Correct answer: Perpetual injunctions

139. Temporary injunction granted by the Court is regulated by the_____________?

  • A. Specific Relief Act
  • B. Code of Civil Procedure
  • C. Transfer of Property Act
  • D. Non of These

Explanation: Temporary injunctions are regulated procedurally by the Code of Civil Procedure, particularly Order XXXIX, although the substantive relief…

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Correct answer: Code of Civil Procedure

140. Temporary injunctions can be granted by Court ?

  • A. At early stage of the suit
  • B. At any stage of the case
  • C. At the end of a case
  • D. Non of These

Explanation: A temporary injunction is interlocutory relief and may be granted at any stage of the proceedings when protection of the subject matter is…

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Correct answer: At any stage of the case
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