B.A. LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

SECTION I - Answer the following, not more than two sentences (all 10) 20 Marks

1. Q1 Who are the "Promisor" and promisee under Indian Contract Act?
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2. Q2 Under Indian Contract Act, who is said to be of sound mind?
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3. Q3 When can a proposal be revoked?
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4. Q4 What are the rights of a person, under Indian Contract Act, who supplies necessaries to a minor?
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5. Q5 When is a person deemed to be in a position to dominate the will of another?
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6. Q6 What is Contingent Contract?
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7. Q7 What is the consequenses when the consent to an agreement is caused by coereion, fraud or misrepresentation?
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8. Q8 Under what circumstances, can a court order for cancellation of an instrument?
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9. Q9 What is rescission of contract?
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10. Q10 Who can obtain specific performance?
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SECTION II - Write short notes (any 4 of 6) 20 Marks

1. Q11 Clayton's Rules
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2. Q12 Liquidated damages and penalty
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3. Q13 Government Contracts
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4. Q14 Novation
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5. Q15 Recovery of specific movable property
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6. Q16 Declaratory Decree.
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SECTION III - Answer the following giving reasons (any 2 of 3) 12 Marks

1. Q17 The Plaintiff was a courier. He was engaged by the defendent to accompany him on a tour to comence on 1st March, 2012. One 1st February, 2012 the defendant wrote to the plaintiff that he has changed his mind and Plaintiff's services no longer required.
   • (i) When can Plaintiff sue the defendant in the above case?
   • (ii) The Plaintiff wanted to sue the defendant only after 1st March, 2012, but on 28th Feb, 2012 the tour was cancelled due to heavy flood. What would be the effect of this on the contract?
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2. Q18 A by a registered document promised to pay his wife B a fixed sum of money every month for her separate residence, after referring certain quarrels and disagreements with her. However, subsequently by A refused to do so.
   • (i) Can B enforce above promise against her husband A?
   • (ii) What difference it would make if the above promise was given by A without referring querrels and disagreements with B?
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3. Q19 A, owner of a flat in Mumbai, went abroad for a couple of years. He appointed his servant B as caretaker of his flat when A came back from abroad, B refuse to vacate the flat.
   • (i) Can A forcibly throw B out of flat?
   • (ii) What is the remedy A has to recover the possession of his flat from B under specific Relief Act?
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SECTION IV - Answer the following (any 4 of 6) 48 Marks

1. Q20 What is wagering agreement? What are the essentials of a wagering agreement?
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2. Q21 Define void agreements? State and explain briefly the agreements which are expressly declared void under Indian Contract Act.
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3. Q22 Discuss the doctrine of frustration of contract with the help of decided cases.
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4. Q23 What is fraud as defined under Indian Contract Act? "A more silence as to fact is not a fraud." Discuss and state the circumstances in which duty to speak arises.
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5. Q24 What is perpetual injunction? When can court grant perpetual injunction?
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6. Q25 What is rectification of instrument? When can on instrument be rectified?
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