BLS LLB 5 Years Sem 5 Contract I 2017-18 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. All questions are compulsory. Figures to the right indicate full marks.

SECTION I - Paper A, Q.1: Answer the following (not more than two sentences) (20 Marks - 2 marks each)

1. Q1 What is 'promise' as defined under Indian Contract Act?
   Read the model answer
2. Q2 Who is competent to enter into contract?
   Read the model answer
3. Q3 What is free consent?
   Read the model answer
4. Q4 What is the effect of mutual mistake of fact under Indian Contract Act?
   Read the model answer
5. Q5 What is the effect of an agreement, the meaning of which is not certain?
   Read the model answer
6. Q6 When two or more persons make a joint promise, whom can the promisee compel to perform the promise?
   Read the model answer
7. Q7 What is the effect of negligence of promisee to afford promisor reasonable facilities for the performance?
   Read the model answer
8. Q8 What is 'settlement' as defined under Specific Relief Act?
   Read the model answer
9. Q9 What is mandatory injunction?
   Read the model answer
10. Q10 When can an instrument be rectified?
    Read the model answer

SECTION II - Paper A, Q.2: Write short notes (Any four) (20 Marks - 5 marks each)

1. Q11 Doctrine of fundamental breach of contract under Standard Form of Contracts
   Read the model answer
2. Q12 Agreement in restraint of trade
   Read the model answer
3. Q13 Undue influence
   Read the model answer
4. Q14 Appropriation of payment
   Read the model answer
5. Q15 Recovery of possession of immovable property
   Read the model answer
6. Q16 Discretion as to decreeing specific performance
   Read the model answer

SECTION III - Paper A, Q.3: Answer the following with reasons (Any two) (12 Marks - 6 marks each)

1. Q17 A purchased a steamer ticket. On the back of the ticket a condition has been printed that the company will not be liable for loss or injury to the passenger or his luggage. On the face of the ticket there was no indication that some conditions have been printed on the back of the ticket. The luggage of A is lost due to negligence of the crew member. (i) What is 'reasonable notice of terms' in case of standard form of agreements? (ii) Can the company be held liable for the loss?
   Read the model answer
2. Q18 A accepts a Vakalatnama from B to represent B in a certain suit. Later on B promises that if the suit is decided in his favour then he will give Rs. 50,000/- extra as a reward over and above the fees already fixed. The suit is decided in favour of B, but B refused to pay the amount of reward to A. (i) What is 'consideration' as defined under Indian Contract Act? (ii) Is B bound to pay the amount of reward to A?
   Read the model answer
3. Q19 A and B contract to become partners in a specific business. The duration of partnership is not specified in that contract. (i) What is specific performance of contract? (ii) Can the above contract of partnership be specifically enforced?
   Read the model answer

SECTION IV - Paper A, Q.4: Answer the following (Any four) (48 Marks - 12 marks each)

1. Q20 Define void agreement. State and explain briefly the agreements which are expressly declared void under Indian Contract Act.
   Read the model answer
2. Q21 Discuss the law relating to wagering agreements.
   Read the model answer
3. Q22 What is a contingent contract? Discuss the law relating to enforcement of contingent contracts.
   Read the model answer
4. Q23 What is breach of contract? Discuss the principles on which the court awards damages for the breach of contract.
   Read the model answer
5. Q24 What is rescission of a contract? When can rescission be adjudged or refused?
   Read the model answer
6. Q25 Under what circumstances can a court order for cancellation of an instrument? How is cancellation of an instrument different from rectification of an instrument?
   Read the model answer

SECTION V - Paper B, Q.1: Answer the following (not more than two sentences) (20 Marks - 2 marks each)

1. Q26 What is an 'Agreement' as defined under Indian Contract Act?
   Read the model answer
2. Q27 What is 'Coercion' as defined under Indian Contract Act?
   Read the model answer
3. Q28 What is a 'Voidable agreement'?
   Read the model answer
4. Q29 Under what circumstances does 'silence' amount to fraud?
   Read the model answer
5. Q30 What are the various ways of revocation of proposal?
   Read the model answer
6. Q31 What is the obligation of a person who has received any advantage under a contract which becomes void?
   Read the model answer
7. Q32 What are the obligations of a person enjoying the benefit of a non-gratuitous act?
   Read the model answer
8. Q33 What is discretionary power of the Court under Section 20 of Specific Relief Act?
   Read the model answer
9. Q34 What is 'mandatory injunction'?
   Read the model answer
10. Q35 What is the limitation period for filing suit under Section 6 of Specific Relief Act?
    Read the model answer

SECTION VI - Paper B, Q.2: Write short notes on (Any four) (20 Marks - 5 marks each)

1. Q36 Government Contracts
   Read the model answer
2. Q37 Past Consideration
   Read the model answer
3. Q38 Agreement by way of wager
   Read the model answer
4. Q39 Clayton's Rules
   Read the model answer
5. Q40 Declaratory decree
   Read the model answer
6. Q41 Personal bars to relief under Specific Relief Act
   Read the model answer

SECTION VII - Paper B, Q.3: Answer the following giving reasons (Any two) (12 Marks - 6 marks each)

1. Q42 A agreed to purchase a horse from B and further agreed to pay 1,000 rupees over and above the agreed price to B if the horse proves to be lucky to him. Thereafter A refused to buy the horse and B filed suit against A for breach of contract. (i) Will B succeed in the above case? (ii) What is the effect of an agreement, the meaning of which is not certain?
   Read the model answer
2. Q43 A was directed by the court to furnish surety of Rs. 15,000/- under the Criminal Procedure Code. A gave the said amount to B and persuaded him to become surety. After expiry of the period of surety the amount was reimbursed to B. A asked B to return the said amount, however B refused to do so. (i) What is a lawful consideration? (ii) Will A succeed in the above case?
   Read the model answer
3. Q44 A sells a field to B. There is a right of passage over the field of which A has direct personal knowledge but he conceals this fact from B when asked. (i) What is rescission of contract? (ii) Can B get the contract rescinded?
   Read the model answer

SECTION VIII - Paper B, Q.4: Answer the following (Any four) (48 Marks - 12 marks each)

1. Q45 What is consideration to a contract? What is the effect on the validity of a contract, where the consideration is absent, inadequate and partly unlawful?
   Read the model answer
2. Q46 What is 'Contingent' contract? Discuss the law relating to enforcement of contingent contracts.
   Read the model answer
3. Q47 Discuss the doctrine of frustration of contract with the help of decided cases.
   Read the model answer
4. Q48 What is breach of contract? Discuss the principles on which the Court awards damages for the breach of contract.
   Read the model answer
5. Q49 Discuss the law relating to cancellation of instruments under Specific Relief Act?
   Read the model answer
6. Q50 What are the different types of injunctions under Specific Relief Act? When can perpetual injunction be granted?
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.