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B.A. LL.B. (Five Years) Sem 4 Contract I 2021 Oct Question Paper - KSLU

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  1. Q1 (a) Explain the essentials of a valid contract.
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  2. Q1 (b) 'A' a customer, picks up an article in a departmental store and takes it to the cash counter. B, a clerk at cash counter refuses to sell as it is only a sample, but not for sale. 'A' wants to institute a suit against the owner of the store for breach of contract. Advise 'A'.
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  1. Q2 (a) Explain the doctrine of 'Privity of Contract' with exceptions, if any.
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  2. Q2 (b) Ramu invited his friends for dinner. His friends agreed to attend the dinner. Ramu and his wife prepared the food by spending Rs. 10,000/-. But Ramu's friends failed to attend the dinner. Ramu wants to institute a suit against his friend for breach of contract. Can he do so ?
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  1. Q3 (a) Who are competent to contract ? Explain the effects of minor's agreement.
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  2. Q3 (b) 'A' kidnaps B's son and threatens to kill B's son if 'B' does not sign a contract. Then 'B' signs. There after 'B' wants to set a side the contract. Can he do so ?
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  1. Q4 (a) 'An agreement in restraint of trade is void'. Explain and state the exceptions.
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  2. Q4 (b) 'A' and 'B' entered into an agreement whereby 'A' should pay Rs. 10,000/- to 'B', if it rains on a specified day, otherwise 'B' should pay Rs. 10,000/- to 'A'. It rains on that specified day. Can 'B' recover the amount from 'A' in a court of law ?
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  1. Q5 (a) Explain the different modes of discharge of contract.
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  2. Q5 (b) 'A' a dancer agreed to dance in the theater of 'B' at a future date. Thereafter, 'A' met with an accident and lost both of her legs in that accident. Hence, she failed to give dance programme in the theater of 'B'. 'B' instituted a suit against 'A' for breach of contract. Decide.
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  1. Q6 (a) What is 'Breach of Contract' ? Explain the types of breach of contract.
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  2. Q6 (b) Write a short note on : 'Appropriation of Payment'.
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  1. Q7 (a) What is Quasi-Contract ? When does Quasi-Contractual liability arise ?
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  2. Q7 (b) 'A' was a tenant in B's house. 'B' failed to pay Municipal taxes. Municipality announced auction sale of the house to recover taxes. 'A' paid taxes to avoid the sale. Can 'A' recover the amount from 'B' ?
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  1. Q8 (a) Explain 'Special Damages' and 'Liquidated damages'.
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  2. Q8 (b) 'X' contracts with 'Y' to pay 'Y' Rs. 1,00,000/- if he fails to supply the goods worth Rs. 20,000 to 'Y' on a particular day. 'X' fails to supply the goods on that day. Is 'Y' entitled to recover Rs. 1,00,000 from 'X' ?
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  1. Q9 (a) Explain the contracts which cannot be specifically enforced under the Specific Relief Act.
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  2. Q9 (b) 'A' is B's medical advisor. He demands money of which 'B' declines to pay. 'A' then threatens to make known the effect of B's communication to him as a patient. 'B' wants to institute a suit against 'A'. Advise B.
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  1. Q10 (a) Explain the provisions relating to the cancellation of Instruments.
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  2. Q10 (b) Write a short note on : Declaratory relief.
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