LL.B. (Five Years) Sem 5 Contract I 2023-24 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two lines (Any six) (12 Marks - 2 marks each)

1. Q1 Define 'acceptance' under Indian Contract Act.
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2. Q2 What is substituted performance of Contract?
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3. Q3 What is contingent contract?
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4. Q4 What is privity of contract?
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5. Q5 State the two conditions to grant temporary injunction by court.
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6. Q6 What is the effect of uncertain agreement?
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7. Q7 What is coercion?
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8. Q8 Mention the remedies available against breach of contract.
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9. Q9 What is Declaratory Decree?
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10. Q10 Who is competent to enter into contract?
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SECTION II - Q.2: Short note (Any two) (12 Marks - 6 marks each)

1. Q11 Agreement in restraint of trade
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2. Q12 Wagering agreement
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3. Q13 Rectification of Instrument
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4. Q14 Mere silence does not amount to fraud
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SECTION III - Q.3: Solve (Any two) (12 Marks - 6 marks each)

1. Q15 'A' offered to buy a dog named 'Tomy' for Rs. 20000/- from his friend 'B's shop named 'Pet World', saying "if I hear no more about him, I shall consider the dog mine at Rs. 20000/-". 'B' did not reply to this but instructed his shop attendant not to sell 'Tomy'. The shop attendant inadvertently sold Tomy to 'C'. To reclaim the dog 'A' filed suit against the shop attendant. (a) Whether 'A' will succeed in his claim? Give reasons. (b) What is required in the above case to enforce a contract between 'A' and 'B'?
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2. Q16 X, Y and Z jointly promised to 'A' to pay Rs. 15000/-. However 'Y' and 'Z' did not pay anything, only 'X' paid the whole amount of Rs. 15000/- to 'A'. (a) What is the principle of 'joint and several liability'? (b) Whether 'X' can claim any amount from 'Y' and 'Z'? Give reasons.
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3. Q17 'Raju', aged 16 years old, represents himself as a major and contracts with 'Maganlal' to purchase a computer for Rs. 35000/-. Raju used the cheque book of his father to pay Rs. 35000/- and he forged his father's signature and took the computer home. When Maganlal presented the cheque at the bank it got dishonoured, hence he filed suit against Raju. (a) Whether the above suit is maintainable against Raju? Give reasons. (b) Whether Maganlal can claim back the computer from Raju?
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4. Q18 X, an attorney, induces his client Y, a Hindu widow, to transfer property to him for defrauding Y's creditors. Y thereafter files a suit for rescission of the instrument of transfer. (i) What is rescission of contract? (ii) Will Y succeed?
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SECTION IV - Q.4: Answer in brief (Any two) (24 Marks - 12 marks each)

1. Q19 Explain in detail: when can a contract be specifically enforced under the Specific Relief Act?
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2. Q20 Explain in detail: No Consideration no contract, with relevant case laws.
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3. Q21 Define proposal and explain characteristics of proposal with relevant case laws.
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4. Q22 All contracts are agreements, but all agreements are not contracts. Explain.
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