B.A. LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief Jan 2024 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer the following in one or two sentences (any 6 of 10) 12 Marks

1. Q1 When does silence amount to be fraud?
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2. Q2 What is the difference between wagering agreement and contract of Insurance?
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3. Q3 Define Consideration.
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4. Q4 What is the doctrine of Privity of Contract?
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5. Q5 What is meant by Void agreements?
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6. Q6 What is the effect of counter proposal?
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7. Q7 What are the Rights of Finder of Goods?
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8. Q8 State the exceptions to agreement in restraint of Legal proceeding?
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9. Q9 What are the limitations of Court on right of recission?
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10. Q10 Within how much time a suit for recovery of possession of immovable property can be filed?
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SECTION II - Write short notes (any 2 of 4) 12 Marks

1. Q11 Contingent Contract.
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2. Q12 Liquidated damages and Penalty.
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3. Q13 Modes of revocation of offer.
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4. Q14 Rectification of instruments.
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SECTION III - Answer the situational problem (any 2 of 4) 12 Marks

1. Q15 X,Y and Z jointly borrowed Rs. 1,00,000 from A. The whole amount was repaid to A by Y. Decide in the light of the Indian Contract Act, 1872.
   • (1) Can Y recover the contribution from X and Z.
   • (2) Are Legal representative of X liable in case of death of X.
   • (3) Can Y recover the contribution from the assessts, in case Z become insolvent?
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2. Q16 Explain the type of contracts in the following agreements under the Indian Contract Act, 1872.
   • (1) A coolie in Uniform picks up the luggage of A to be carried out of the railway station without being asked by A and A allows him to do so.
   • (2) Obligation of finder of lost goods to return them to the true owner.
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3. Q17 P agreed to sell his car to Q the worth of which is Rs. 4,00,000 for Rs. 10,000. P's consent to the contract is freely given. Subsequently P denied selling his car to Q contending that the consideration was inadequate.
   • (1) Will Q succeed if he files a suit against P?
   • (2) When can a contract be avoided on the ground of inadequacy of the consideration?
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4. Q18 "X" entered into a contract to sell his house to "Y". X refuse to execute the sale deed so "Y" sued for specific performance of the Contract. However, "X" contended that he had no alternative residence and he cannot perform the contract.
   • (1) Will "Y" succeed to get relief of specific performance? Give reasons?
   • (2) Write about discretion of court in granting the relief for Specific Performance?
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SECTION IV - Answer the following (any 2 of 4) 24 Marks

1. Q19 Discuss the various modes in which a contract may be discharged.
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2. Q20 What do you mean by capacity to contract? Write in details about the agreements entered by a minor.
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3. Q21 What are the circumstances in which consent is said not to be free?
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4. Q22 What are different types of Injunctions? Can Court refuse to grant an injunction?
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