LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief May 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following (not more than two sentences) Whatis ‘Promise’ as defined under the Indian Contract Act? 20 marks
   • c. When is Conset saidto be free?
   • d. Can a minor person on attaining the age of majority ratify an\agreement entered into during his minority? two exceptions to an agreement in restraint of proceedings Coercion as defined under the Indian Act?
2. Q1 Under what conditions can a court order cancellation of an instrument?
   • j. Whatis trust, as defined under ‘Act?
3. Q2 Write short notes on (any four). 20 marks
   • a) Time is the essence of
   • b) - ‘Consideration must be need not be adequate
   • c) Government
   • d) Anticipatory contract of immovable property
4. Q3 Answer giving reasons ( any two) 12 marks
   • a) invited his friend Ravi for dinner to his house on Sunday. Ravi agreed Ravi did not go for the dinner. Akash filed a case against Ravi for compensation of the cost of the unconsumed food
5. Q4 ‘Proposal’ as defined under Indian Contract Act? ti) State with reasons whether Akash would succeed
   • b) A, contracts with B to sell railway shares of a particular description. The shares are not easily available in the market. Subsequently A denies selling them to B. WW
   • i) What is Specific Performance of Contract?
   • ii) Can B be granted a decree for specific performance of the above =
   • c) Apurchaseda lorry from B. B told A that the lorry is in good however, A found many defects in the lorry during the first journey: When A complained about it, B offered to bear half of the repairing to which A agreed. In the second journey the lorry completely broke down. A filed a suit against B to revoke the contract
   • i) What is the consequence when the consent to & agreement is caused
   • ii) Will A succeed in the above case?
6. Q4 Answer the following (any four) a “All the contracts are agreements but all the agreements are not contracts” 48 marks
   • b. the Doctrine of of Contracthe help Define Void State and explain briefly the agreements, which are expressly void under the Indian Contract Act?
   • d. “Certain relation’ resembling those created by contract”. Discuss in the lights of provisions of Indian Contract Act can‘an instrument be rectified? Who can claim the remedy
   • f. Disduss contracts, which cannot be specifically enforced under Specific
7. Q2 fear 20 marks

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