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Bangladesh Bar Council MCQ study materials
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Bangladesh Bar Council MCQ practice questions

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Question 1Legal System and Jurisprudence

The Constitution of Bangladesh declares that all powers in the Republic belong to the people. In which Article is this principle of popular sovereignty stated?

  1. Article 7 Correct answer.
  2. Article 48
  3. Article 27
  4. Article 11

Explanation

Article 7 of the Constitution embodies the principle of popular sovereignty, stating that all powers in the Republic belong to the people and that the exercise of such powers on behalf of the people is enforceable only under the Constitution. It also declares the Constitution supreme and any law inconsistent with it void. This provision anchors the whole constitutional order in the will of the people.

Question 2Legal System and Jurisprudence

Which court is designated by the Constitution as the guardian of the fundamental rights of citizens, empowered to enforce them through writ jurisdiction?

  1. The Administrative Tribunal
  2. The District Court
  3. The High Court Division of the Supreme Court Correct answer.
  4. The Supreme Court's Appellate Division

Explanation

Article 102 vests the High Court Division with the power to issue writs such as habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of fundamental rights and for other constitutional purposes. The Appellate Division hears appeals rather than exercising original writ jurisdiction. This makes the High Court Division the principal protector of fundamental rights.

Question 3Legal System and Jurisprudence

Under the doctrine of precedent, a decision of the Appellate Division of the Supreme Court is binding on lower courts in Bangladesh because of which principle?

  1. Res judicata
  2. Stare decisis Correct answer.
  3. Obiter dicta
  4. Ratio decidendi

Explanation

Stare decisis means standing by decided matters, requiring subordinate courts to follow the legal principles laid down by superior courts in earlier comparable cases. This ensures certainty and consistency in the law. The binding part of a judgment is its ratio decidendi, while obiter dicta are only persuasive.

Question 4Legal System and Jurisprudence

In jurisprudence, the school of thought that defines law as the command of the sovereign backed by sanction is associated with which thinker?

  1. Ronald Dworkin
  2. John Austin Correct answer.
  3. Lon Fuller
  4. Roscoe Pound

Explanation

John Austin, an analytical positivist, defined law as a command issued by a sovereign to a subject, imposing a duty and backed by a sanction. His command theory treats law as the will of the political superior. Later writers criticised it for ignoring customary and constitutional norms.

Question 5Legal System and Jurisprudence

Which Article of the Constitution of Bangladesh guarantees equality before the law and the equal protection of the laws?

  1. Article 32
  2. Article 28
  3. Article 27 Correct answer.
  4. Article 31

Explanation

Article 27 states that all citizens are equal before the law and are entitled to equal protection of the law. It is the general equality clause from which more specific protections flow. Article 28 then elaborates non-discrimination on grounds such as religion, race, caste, sex and place of birth.

Question 6Legal System and Jurisprudence

A statute passed by Parliament conflicts with a provision of the Constitution. According to Bangladeshi constitutional principles, what is the legal effect of that statute?

  1. It remains valid because Parliament is sovereign
  2. It is void to the extent of the inconsistency Correct answer.
  3. It is valid until the President withholds assent
  4. It becomes valid if a court later applies it

Explanation

Article 7 declares the Constitution supreme and provides that any law inconsistent with it is void to the extent of the inconsistency. Parliament's legislative power under Article 65 is therefore subject to constitutional limits. Courts can strike down inconsistent provisions, which distinguishes Bangladesh from systems of pure parliamentary sovereignty.

Question 7Legal System and Jurisprudence

A person is detained without being informed of the grounds of arrest. Which writ is most appropriate to secure his release before the High Court Division?

  1. Habeas corpus Correct answer.
  2. Mandamus
  3. Certiorari
  4. Quo warranto

Explanation

Habeas corpus commands the person detaining another to produce the detainee before the court and justify the detention. If the detention is unlawful, the court orders release. It is the classic remedy for unlawful deprivation of personal liberty under Article 102.

Question 8Legal System and Jurisprudence

Which of the following is generally regarded as the binding element of a judicial decision that later courts must follow?

  1. The ratio decidendi Correct answer.
  2. The headnote prepared by reporters
  3. The obiter dicta
  4. The dissenting opinion

Explanation

The ratio decidendi is the legal principle or rule upon which the court's decision rests, and it is this reasoning that binds courts of coordinate or lower rank in later cases. Everything said by the way of illustration or comment is obiter and only persuasive. Identifying the ratio is therefore central to applying precedent.

Question 9Legal System and Jurisprudence

The rule that no person shall be convicted of an offence except for a violation of a law in force at the time the act was committed is expressed by which maxim?

  1. Audi alteram partem
  2. Nemo dat quod non habet
  3. Nullum crimen sine lege Correct answer.
  4. Ubi jus ibi remedium

Explanation

Nullum crimen sine lege means no crime without law, and it underpins the constitutional guarantee against retrospective criminal liability and double jeopardy in Article 35. It requires that offences be defined by law existing when the act was done. The rule protects citizens from arbitrary punishment.

Question 10Legal System and Jurisprudence

A lower court is faced with a decision of the High Court Division and a conflicting decision of another High Court Division bench. What is the most accurate description of the lower court's obligation?

  1. It must refer the matter to the Appellate Division before deciding
  2. It must prefer the decision of the larger bench if one exists, and otherwise follow the more recent considered view Correct answer.
  3. It may disregard both because neither is binding on it
  4. It must follow the later decision in time regardless of reasoning

Explanation

Decisions of the High Court Division bind subordinate courts, and where two benches conflict, the practice is to prefer a larger bench and otherwise the later or more carefully considered judgment. A subordinate court cannot simply ignore binding High Court authority. Only the Appellate Division can authoritatively resolve a conflict between Divisions.

Question 11Legal System and Jurisprudence

Which feature best distinguishes a federal constitution from a unitary one?

  1. The existence of a written bill of rights
  2. The presence of an independent judiciary
  3. The requirement of periodic elections
  4. The division of legislative powers between central and regional governments Correct answer.

Explanation

A federal constitution divides sovereign legislative authority between a central government and constituent units, each supreme within its sphere. A unitary constitution concentrates power in one national government, which may delegate but not surrender sovereignty. Written rights, judicial review and elections can exist in either system.

Question 12Legal System and Jurisprudence

The principle of natural justice requiring that a person affected by a decision be given notice and an opportunity to be heard is known as which rule?

  1. Audi alteram partem Correct answer.
  2. Ignorantia juris non excusat
  3. Nemo judex in causa sua
  4. Delegatus non potest delegare

Explanation

Audi alteram partem requires that no one be condemned unheard, so an affected party must receive notice of the case and a fair opportunity to respond. It is one of the two pillars of natural justice, the other being the rule against bias. Tribunals and administrative bodies must observe it.

Question 13Legal System and Jurisprudence

A statute uses words capable of two meanings, one producing an absurd result and the other a sensible one. Which approach would a court most likely adopt?

  1. Refer the matter to Parliament for clarification
  2. Decline jurisdiction for want of clarity
  3. Apply the literal meaning even if absurd
  4. Adopt the interpretation that avoids absurdity and advances the purpose Correct answer.

Explanation

Where the literal reading produces absurdity or defeats the object of the statute, courts apply the mischief or purposive approach to adopt a construction that advances the remedy Parliament intended. The golden rule permits departure from literal meaning to avoid absurdity. Courts do not simply refuse to decide because language is ambiguous.

Question 14Legal System and Jurisprudence

Which provision of the Constitution of Bangladesh establishes the Supreme Court as the highest court of the country, comprising the Appellate Division and the High Court Division?

  1. Article 109
  2. Article 107
  3. Article 102
  4. Article 94 Correct answer.

Explanation

Article 94 establishes the Supreme Court of Bangladesh consisting of the Appellate Division and the High Court Division. Article 102 then confers writ jurisdiction on the High Court Division, and Article 103 provides for appellate jurisdiction. The structure reflects a single unified Supreme Court with two functional divisions.

Question 15Legal System and Jurisprudence

A jurist argues that law is a union of primary rules of obligation and secondary rules of recognition, change and adjudication. Whose theory is this?

  1. Jeremy Bentham
  2. H.L.A. Hart Correct answer.
  3. Karl Marx
  4. Hans Kelsen

Explanation

H.L.A. Hart in The Concept of Law analysed a legal system as the union of primary rules imposing obligations and secondary rules governing recognition, change and adjudication. The rule of recognition provides the ultimate criterion of legal validity. This responded to Austin's simpler command model.

Question 16Legal System and Jurisprudence

A statute enacted in 2020 is silent on whether it applies to transactions completed in 2018. Which interpretive presumption would a court ordinarily apply?

  1. Statutes always take effect from the date of the first reading in Parliament
  2. Statutes are presumed to operate retrospectively unless expressly stated otherwise
  3. Statutes apply retrospectively only where the parties consent
  4. Statutes are presumed to operate prospectively unless the language clearly requires otherwise Correct answer.

Explanation

There is a strong presumption that legislation is prospective, meaning it regulates future conduct and does not disturb vested rights or completed transactions. Retrospective operation must be clearly expressed or necessarily implied by the statute. This presumption protects legal certainty and fairness.

Question 17Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh declares that the Republic is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh?

  1. Article 2
  2. Article 11
  3. Article 8
  4. Article 1 Correct answer.

Explanation

Article 1 of the Constitution establishes the nature of the state, declaring Bangladesh to be a unitary, independent, sovereign Republic known as the People's Republic of Bangladesh. This provision fixes the fundamental identity and territorial character of the state and cannot be amended in a manner destroying its basic structure.

Question 18Constitutional Law of Bangladesh

Under the Constitution of Bangladesh, the supreme law of the Republic is best described by which statement?

  1. The President's ordinances prevail over the Constitution during a state of emergency
  2. The Constitution and ordinary statutes have equal status, and courts reconcile them by interpretation
  3. Parliamentary statutes prevail over the Constitution because Parliament represents the people
  4. The Constitution is the supreme law, and any law inconsistent with it is void to the extent of the inconsistency Correct answer.

Explanation

Article 7 declares the supremacy of the Constitution, providing that any law inconsistent with it is void to the extent of the inconsistency. This supremacy is a basic feature of the Constitution and is reinforced by the constitutional oath and by judicial review.

Question 19Constitutional Law of Bangladesh

Citizenship under the Constitution of Bangladesh is primarily regulated by which provision?

  1. Article 9
  2. Article 6 Correct answer.
  3. Article 26
  4. Article 15

Explanation

Article 6 provides that citizenship of Bangladesh shall be regulated by law, and Parliament has enacted legislation to determine who is a citizen. The Constitution thus fixes citizenship as a constitutional concept while leaving detailed rules to statute.

Question 20Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh abolishes discrimination on grounds of religion, race, caste, sex or place of birth in respect of access to public places?

  1. Article 31
  2. Article 29(1)
  3. Article 27
  4. Article 28(1) Correct answer.

Explanation

Article 28(1) provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Article 28(2) specifically guarantees equal access to shops, public restaurants, hotels and places of public entertainment, and to wells, tanks and roads maintained wholly or partly out of public funds.

Question 21Constitutional Law of Bangladesh

Which fundamental right protects a person against retrospective criminal punishment?

  1. Article 34
  2. Article 35(1) Correct answer.
  3. Article 32
  4. Article 33

Explanation

Article 35(1) provides that no person shall be convicted of an offence except for violating a law in force at the time of the act, and no penalty greater than that prescribed at that time shall be imposed. This bars retrospective criminal legislation and retrospective enhancement of punishment.

Question 22Constitutional Law of Bangladesh

How many fundamental rights are guaranteed in Part III of the Constitution of Bangladesh?

  1. Twelve
  2. Eighteen Correct answer.
  3. Twenty
  4. Fifteen

Explanation

Part III of the Constitution of Bangladesh contains Articles 26 to 44, which together guarantee eighteen fundamental rights. These rights are enforceable through the High Court Division under Article 44 and Article 102.

Question 23Constitutional Law of Bangladesh

Under the Constitution, which body exercises the executive power of the Republic?

  1. The Prime Minister alone, independently of the President
  2. The President, exercised in accordance with the advice of the Prime Minister Correct answer.
  3. The Council of Ministers, exercised through the Speaker
  4. The Cabinet, exercised without any formal presidential act

Explanation

Article 48 vests the executive power of the Republic in the President, to be exercised by him in accordance with the Constitution. Article 48(3) requires the President to act on the advice of the Prime Minister in most matters, making the President a constitutional head while real executive authority rests with the Cabinet.

Question 24Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh provides for the appointment of the Prime Minister and the formation of the Cabinet?

  1. Article 61
  2. Article 56 Correct answer.
  3. Article 55
  4. Article 48

Explanation

Article 56 provides that there shall be a Cabinet of Ministers headed by the Prime Minister, and that the President shall appoint as Prime Minister the member of Parliament who appears to command the support of the majority of members. The other Ministers are appointed on the Prime Minister's advice.

Question 25Constitutional Law of Bangladesh

A statute empowers a Minister to detain a person for six months without trial to prevent a suspected offence. Which fundamental right analysis is most accurate?

  1. Preventive detention is permitted only within the safeguards of Article 33, and detention beyond the prescribed limits is unconstitutional Correct answer.
  2. Preventive detention is permitted only during a declared state of emergency
  3. Preventive detention is lawful whenever Parliament enacts a statute, regardless of Article 33 safeguards
  4. All preventive detention is absolutely prohibited by Article 32 and no law can authorize it

Explanation

Article 33 permits preventive detention only subject to safeguards, including that a detained person must be informed of the grounds, allowed to make representations, and produced before a court within the prescribed period. Detention exceeding these limits violates the right to personal liberty under Article 32 read with Article 33.

Question 26Constitutional Law of Bangladesh

A law provides that only men may apply for a particular post in a statutory corporation. Which constitutional provision is most directly engaged?

  1. Article 40, which guarantees freedom of profession
  2. Article 38, which protects freedom of association
  3. Article 36, which protects freedom of movement
  4. Article 29(1), which guarantees equality of opportunity in public employment Correct answer.

Explanation

Article 29(1) guarantees equality of opportunity in public employment and prohibits discrimination on grounds only of religion, race, caste, sex or place of birth. A statutory corporation is a public body, so a sex-based bar on applications falls squarely within Article 29(1).

Question 27Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh guarantees freedom of thought and conscience and freedom of speech and expression?

  1. Article 37
  2. Article 42
  3. Article 39 Correct answer.
  4. Article 41

Explanation

Article 39 guarantees freedom of thought and conscience, and freedom of speech and expression, subject to reasonable restrictions imposed by law. The restrictions must relate to specified grounds such as security of the State, public order, decency or morality.

Question 28Constitutional Law of Bangladesh

Under Article 102 of the Constitution, which writ is available to require a public authority to perform a legal duty that it has refused to perform?

  1. Certiorari
  2. Quo warranto
  3. Habeas corpus
  4. Mandamus Correct answer.

Explanation

Article 102 empowers the High Court Division to issue directions in the nature of mandamus to compel a person or authority to perform a duty imposed by law. Mandamus lies where a public duty is owed and the authority has failed or refused to discharge it.

Question 29Constitutional Law of Bangladesh

A government order cancels a citizen's licence without giving any hearing, though the statute requires a hearing before cancellation. Which writ is most appropriate before the High Court Division?

  1. Mandamus to compel the authority to hear the matter again
  2. Habeas corpus to secure the citizen's release
  3. Quo warranto to remove the authority from office
  4. Certiorari to quash the order for breach of natural justice Correct answer.

Explanation

Certiorari lies to quash an order made in violation of natural justice, including failure to observe a statutorily required hearing. Because the order already exists, the appropriate remedy is to quash it rather than to compel a fresh hearing.

Question 30Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh prohibits the making of laws inconsistent with fundamental rights?

  1. Article 27
  2. Article 44
  3. Article 26 Correct answer.
  4. Article 31

Explanation

Article 26 provides that any law inconsistent with the fundamental rights in Part III is void to the extent of the inconsistency, and the State shall not make any law inconsistent with those rights. It is the operative supremacy clause for fundamental rights.

Question 31Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh provides the right to move the High Court Division for enforcement of fundamental rights?

  1. Article 26
  2. Article 44 Correct answer.
  3. Article 7
  4. Article 102

Explanation

Article 44 guarantees the right to move the High Court Division for enforcement of the fundamental rights conferred by Part III. Article 102 supplies the procedural jurisdiction under which such applications are heard.

Question 32Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh deals with the removal of the President for violation of the Constitution or gross misconduct?

  1. Article 54 Correct answer.
  2. Article 51
  3. Article 52
  4. Article 58

Explanation

Article 54 provides the procedure for removal of the President, requiring a notice of motion signed by a majority of the total membership of Parliament and passed by not less than two-thirds of that membership. The grounds include violation of the Constitution, gross misconduct or incapacity.

Question 33Constitutional Law of Bangladesh

Under the Constitution, which of the following best describes the status of the fundamental principles of state policy in Part II?

  1. They are enforceable in the same manner as fundamental rights
  2. They are enforceable only against local government bodies
  3. They guide legislation and policy but are not directly enforceable in court Correct answer.
  4. They are enforceable only during a state of emergency

Explanation

Article 8 declares the fundamental principles of state policy as principles fundamental to governance, to be applied in making laws and forming policy, but Article 8 itself does not make them judicially enforceable. Courts have used them as interpretive aids rather than as direct sources of individual claims.

Question 34Constitutional Law of Bangladesh

A constitutional amendment bill seeks to remove the Supreme Court's power of judicial review over constitutional amendments. Which doctrine would a court most likely invoke to examine the amendment?

  1. The basic structure doctrine, which limits amendments destroying core constitutional features Correct answer.
  2. The doctrine of pleasure, which governs public employment
  3. The doctrine of repugnancy, which applies only to colonial-era statutes
  4. The doctrine of parliamentary sovereignty, which permits any amendment

Explanation

The Supreme Court of Bangladesh has recognized the basic structure doctrine, holding that certain core features of the Constitution, including judicial review, cannot be destroyed by amendment. An amendment removing judicial review would therefore be examined against that doctrine rather than treated as an ordinary legislative act.

Question 35Constitutional Law of Bangladesh

Which Article of the Constitution of Bangladesh provides for the Supreme Court, consisting of the Appellate Division and the High Court Division?

  1. Article 100
  2. Article 107
  3. Article 102
  4. Article 94 Correct answer.

Explanation

Article 94 establishes the Supreme Court of Bangladesh, comprising the Appellate Division and the High Court Division. The Appellate Division hears appeals from the High Court Division and other matters as provided, while the High Court Division exercises original and appellate jurisdiction including writ powers.

Question 36Constitutional Law of Bangladesh

A person is arrested and held for ten days without being informed of the grounds of arrest. Which constitutional safeguard is most directly violated?

  1. Article 35(3), which protects against self-incrimination
  2. Article 34, which prohibits forced labour
  3. Article 35(2), which protects against double jeopardy
  4. Article 33(1), which requires an arrested person to be informed of the grounds of arrest Correct answer.

Explanation

Article 33(1) requires that an arrested person be informed as soon as practicable of the grounds of arrest and be allowed to consult a lawyer of choice. Failure to disclose grounds for ten days directly breaches this safeguard.

Question 37Law of Contract and Specific Relief

Under the Contract Act 1872, which of the following is essential for a valid contract?

  1. Free consent of the parties Correct answer.
  2. Written registration of the agreement
  3. Payment of stamp duty on the offer
  4. Approval by a public notary

Explanation

Section 10 of the Contract Act 1872 requires free consent, lawful consideration, lawful object, competence of parties and the agreement not being expressly declared void. Writing and registration are required only for particular categories of contract, not for validity in general.

Question 38Law of Contract and Specific Relief

A proposal is communicated to the offeree so as to be out of the power of the proposer. When does such communication of a proposal become complete?

  1. When it reaches the knowledge of the offeree Correct answer.
  2. When the proposer receives a reply
  3. When the offeree signs an acknowledgement
  4. When the letter is posted by the proposer

Explanation

Section 4 of the Contract Act 1872 provides that communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. Posting alone is not enough, and the offeree's reply is relevant only to acceptance.

Question 39Law of Contract and Specific Relief

Which type of contract is enforceable only at the option of the aggrieved party under section 19 of the Contract Act 1872?

  1. A voidable contract Correct answer.
  2. A void agreement
  3. A wagering agreement
  4. A contingent contract

Explanation

Section 19 provides that when consent is caused by coercion, undue influence, fraud, misrepresentation or mistake, the agreement is a contract voidable at the option of the party whose consent was so caused. A void agreement has no legal effect at all, and a contingent contract depends on a future uncertain event.

Question 40Law of Contract and Specific Relief

A agrees to sell his car to B for Tk 5,00,000, and B agrees to pay the price on delivery. What is B's promise to pay the price called?

  1. Executed consideration
  2. Past consideration
  3. Unlawful consideration
  4. Executory consideration Correct answer.

Explanation

Consideration is executory when the promise of one party is given in exchange for a promise of the other and performance is still outstanding on both sides. Here neither the car nor the price has yet been delivered or paid.

Question 41Law of Contract and Specific Relief

An agreement made without consideration is enforceable in which of the following situations?

  1. Where it is made orally between friends
  2. Where it is made under coercion
  3. Where it is made with a minor
  4. Where it is made out of natural love and affection between parties standing in a near relation, in writing and registered Correct answer.

Explanation

Section 25(1) of the Contract Act 1872 saves an agreement made without consideration if it is expressed in writing, registered, and made on account of natural love and affection between parties standing in a near relation. Oral promises of this kind, or those procured by coercion, do not qualify.

Question 42Law of Contract and Specific Relief

Which of the following agreements is expressly declared void by section 30 of the Contract Act 1872?

  1. An agreement to sell goods on credit
  2. An agreement to insure a ship
  3. An agreement to lease a shop
  4. An agreement by way of wager Correct answer.

Explanation

Section 30 declares agreements by way of wager to be void, though the section does not render illegal the collateral transactions such as lending money to enable a person to wager. Ordinary commercial agreements of sale, lease or insurance are valid.

Question 43Law of Contract and Specific Relief

A minor who has misrepresented his age obtains a loan and spends the money. What is the general legal position of such an agreement under Bangladeshi law?

  1. It is void ab initio Correct answer.
  2. It is enforceable against the minor's guardian
  3. It is voidable at the minor's option
  4. It is valid if ratified on attaining majority

Explanation

Following the rule in Mohori Bibee v Dharmodas Ghose, an agreement with a minor is void ab initio. Because the agreement is a nullity, no question of ratification on attaining majority arises, and the minor's guardian is not personally liable unless the guardian contracted in a personal capacity.

Question 44Law of Contract and Specific Relief

A threatens to prosecute B for theft unless B sells his land to A at half its market value. B sells the land. The agreement is:

  1. Void, because the price was inadequate
  2. Unenforceable, because land must be registered
  3. Voidable at B's option, as consent was caused by coercion Correct answer.
  4. Valid, because a sale was actually concluded

Explanation

Section 15 defines coercion to include committing or threatening to commit any act forbidden by the Penal Code, and section 19 makes an agreement so caused voidable at the option of the party whose consent was obtained. Threatening prosecution to extract a bargain is coercion, and mere inadequacy of price is not itself a ground.

Question 45Law of Contract and Specific Relief

A spiritual adviser induces an old devotee to gift him her entire property by exploiting her trust and dependence. This is an instance of which vitiating factor?

  1. Fraud
  2. Undue influence Correct answer.
  3. Bilateral mistake
  4. Misrepresentation

Explanation

Section 16 covers undue influence, where relations subsist such that one party is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. Spiritual advisers and devotees are a recognised illustration of such a relation of dominance.

Question 46Law of Contract and Specific Relief

Which of the following is a recognized exception to the rule that a stranger to a contract cannot sue upon it?

  1. A sub-contractor claiming on the main contract
  2. An agent suing in his own name on the principal's contract
  3. A beneficiary under a trust created by the contract Correct answer.
  4. A person who witnessed the contract

Explanation

The privity rule has recognised exceptions, including a beneficiary under a trust created by the agreement, a person taking a charge on immovable property, and certain family arrangements. A mere witness or a remote sub-contractor acquires no right to sue on a contract to which he is not a party.

Question 47Law of Contract and Specific Relief

A contracts to sell B 100 tons of rice from his upcoming harvest, but before harvesting the crop is destroyed by a flood. What is the position of the contract?

  1. It becomes voidable at the buyer's option
  2. It is voidable at the seller's option
  3. It remains enforceable, because the seller promised a quantity
  4. It becomes void, because the contract is impossible of performance by an event the promisor could not prevent Correct answer.

Explanation

Section 56 provides that a contract to do an act which, after the contract is made, becomes impossible by an event which the promisor could not prevent becomes void. Destruction of the specific subject matter without fault therefore discharges the parties.

Question 48Law of Contract and Specific Relief

A agrees to pay B Tk 1,00,000 if B's ship returns from sea safely. This is an example of:

  1. A void agreement
  2. A contingent contract Correct answer.
  3. A contract of guarantee
  4. A wagering agreement

Explanation

A contingent contract is one to do or not to do something if some event, collateral to the contract, does or does not happen, as defined in section 31. The safe return of the ship is a collateral uncertain event, and the contract is enforceable when that event occurs.

Question 49Law of Contract and Specific Relief

A owes B Tk 50,000. A, B and C agree that C will pay the debt to B, and B accepts this arrangement. What is this transaction called?

  1. Alteration
  2. Rescission
  3. Novation Correct answer.
  4. Remission

Explanation

Section 62 provides that if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. Substituting C as the debtor in place of A is novation, which requires the consent of all parties concerned.

Question 50Law of Contract and Specific Relief

Which of the following is a quasi-contractual obligation recognised under the Contract Act 1872?

  1. An agreement to share profits of a business
  2. A person holding money paid to him by mistake is bound to repay it Correct answer.
  3. A promise to make a gift to a relative
  4. A promise to pay a time-barred debt

Explanation

Section 72 imposes a duty to repay money or deliver goods received by mistake or coercion, an obligation founded on unjust enrichment rather than agreement. Such obligations are called quasi-contracts because they arise by operation of law.