LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief Nov 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following (not more than two sentences) 20 marks
   • (a) Who are persons competent to contract ?
   • (b) ‘When is communication of proposal complete ?
   • (c) Give any two examples of Invitation to Offer
   • (d) Give two exceptions of Agreements in Restraint of trade
   • (e) What is a voidable agreement ?
   • (f) Give two ways in which a contract may be by agreement
   • (g) State any two essentials for a valid tender of
   • (h) State any two Quasi Contracts
   • (i) When can one apply for rectification of instruments ?
   • G) ‘What is a Declaratory
2. Q2 Write short notes on (any four) 20 marks
   • (a) Coercion
   • (b) Rights of the finder of the goods
   • (c) Agreements in restraint of Legal Proceedings
   • (d) Mere mental Acceptance is net Recovery of possession of movable property
   • (f) Mandatory Injunction
3. Q3 Answer the following giving reasons (any two) :— 12 marks
   • (a) Ms. Minu is a 17 old girl. She approaches Ram, a moneylender and requests him to give her a loan of % 20,000 against the mortgage of her property Ram takes her papers and says that he shall get the contract drafted by his advoeaie and then give her the loan. On Minu’s request, he grants her an of 8,000. However, his lawyer advises him not to go ahead with as she is a minor. Ram asks Minu to return the advance and take back the property papers, as he does not wish to go ahead with the deal does not return the money but files a case against Ram for return of
   • (i) Whether Ram is entitled to recover advance of 8000/- given to
   • (ii) State any three exceptions to minor’s agreement Mr. Khan makes an offer on Monday, to sell his bungalow to Ali for 4 crores He asks him to give his acceptance before Saturday. Ali replies on Tuesday that he is willing to buy for 3 crores. Khan does not reply. On Thursday Ali goes to Khan with a cheque of 4 crores agreeing to the original offer to buy the bungalow. Khan refuses to Ali has filed a case against Khan
   • (i) Is Ali’s acceptance to buy for 3 crores a valid acceptance ?
   • (ii) Will Ali succeed in his case ?
   • (c) X Bank is a tenant in a shopping centre owned by ABC Ltd. There is a dispute between the two parties and X Bank is unwilling to vacate. A fire breaks out and the whole shopping centre is vacated. The premises are reopened after 6-month post renovation. However, ABC Ltd refuses to give back possession to X Bank. X Bank has filed a case for recovery of of
   • (i) Will X bank succeed in the case ?
   • (ii) Can a servant who has been evicted, file a case for recovery of possession of immovable property under the Specific Relief Act ?
4. Q4 Answer the following (any four) 48 marks
   • (a) A proposal is the starting point of a contrast. Discuss reference to essentials of a valid proposal State the salient features of Consideration. What are the exceptions to the rule ‘no consideration no contract’ ?
   • (c) Discuss in brief the consideration and object of an agreement is regarded immoral and opposed to public policy
   • (d) What is a contingent contract ? Discuss the law relating to enforcement of
   • (e) What contracts ‘can’ and ‘cannot’ be specifically enforced according to Specific
   • (f) What are injunctions ? Wher are perpetual injunctions granted ? Differentiate between temporary and perpetual injunctions dt at. fe
   • (a) at

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