B.A. LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Figures to the right indicate full marks.

SECTION I - Answer the following (all 10) 20 Marks

1. Q1 What is coercian as defined under Indian Contract Act?
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2. Q2 When can a proposal be revoked?
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3. Q3 What is standard form contract?
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4. Q4 What is the effect of an agreement in restraint of trade?
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5. Q5 What is the effect of mistake of law under Indian Contract Act?
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6. Q6 When is a person deemed to be in a position to dominate the will of another?
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7. Q7 What is the effect of self-induced frustration upon a contract?
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8. Q8 Under what circumstances can a Court order for Cancellation of Instrument?
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9. Q9 Who can obtain specific performance?
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10. Q10 What is Mandatory Injunction?
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SECTION II - Write short notes (any 4 of 6) 20 Marks

1. Q11 Invitation to offer
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2. Q12 Contingent contracts
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3. Q13 Novation
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4. Q14 Quantum meruit
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5. Q15 Defence respecting suits for relief based on contract
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6. Q16 Alternative relief of rescission in a suit for specific performance.
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SECTION III - Answer the following giving reasons (any 2 of 3) 12 Marks

1. Q17 A sells a horse to B by auction. A knows the fact that the horse is not of sound mind but he says nothing to B about it. B files a suit to revoke the contract on the basis of fraud.
   • (i) When does silence amount to fraud?
   • (ii) Will B succeed?
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2. Q18 B accepts a Vakalatnama from A to represent him in a certain suit. Later on, A promises that if the suit is decided in his favour then he will give him Rs. 1,00,000 extra more than legal charges, as a reward. The suit is decided in favour of A, but he now refuses to pay extra amount of Rs. 1,00,000.
   • (i) What is consideration?
   • (ii) Is A bound to pay the amount of reward to B?
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3. Q19 X files a suit against Y for the declaration that he is entitled to receive Rs. 10,000 from Y, but does not pray for the recovery of the said amount.
   • (i) What is declaratory decree?
   • (ii) Will X succeed to obtain such declaration?
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SECTION IV - Answer the following (any 4 of 6) 48 Marks

1. Q20 "Acceptance to proposal is what is a lighted match to a train of gun-powder". Discuss and state essentials of a valid acceptance.
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2. Q21 Define void agreement and explain briefly the agreements which have been expressly declared void under Indian Contract Act.
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3. Q22 What is breach of contract? What are the principles on which damages are assessed for breach of contract?
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4. Q23 What is privity of contract? Discuss the exceptions to the doctrine of privity of contract.
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5. Q24 What is rescission of a contract? When the rescission can be adjudged or refused by the Court?
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6. Q25 Discuss the law relating to recovery of possession of immovable property under Specific Relief Act.
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