LLB 3 Years Sem 1 Contract I Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

• (N. B. Figures to the right indicate full marks.)

1. Q1 Answer the following 20 marks
   • (a) When can an offer be revoked?
   • (b) When does silence amount to fraud?
   • (c) When is consent soid to be free?
   • (d) What is the effect of inadequacy of consideration upon a contract?
   • (e) What is breach of contract?
   • (f) When two or more persons make a joint promise, whom can the promise compel to perform the promise?
   • (g) What is rectification of on instrument?
   • (h) What are the circumstances under which a contract can be rescinded?
   • (i) Upon whom is declaratory decree binding?
   • (j) Upon whom specific performance can be enforced?
2. Q2 Write short notes (any four) 20 marks
   • (a) Novation
   • (b) Coercion
   • (c) Government Contracts
   • (d) Theory of fundamental breach in standard form contract
   • (e) Damages in lieu of or in addition to injunction
   • (f) Defence in a suit for specific performance of a contract
3. Q3 Answer the following giving reasons (any two) 12 marks
   • (a) The Plaintiff was an applicant for the post of Head Master in a school The management passed a resolution appointing him, but the decision was not communicated to him. One of the members, however, in his individual capacity informed the plaintiff about the decision. The for the breach of contract
   • (i) Had any contract arisen between the plaintiff and the school?
   • (ii) Was acceptance validly communicated to the plaintiff
   • (b) A, by a registered document, promised to pay his wife S, a fixed sum of money for her separate residence, after referring certain quarrels and disagreements with her. However, subsequently A refused to do so
   • (i) Whether B can enforce the above promise. against her husband?
   • (ii) What difference would it make if the above promise was made by A without referring the quarrels and disagreements?
   • (c) whereas B is his tenant. The term of tenancy has expired, but B refuses to vacate the premises
   • (i) What is the remedy available to A against S ?
   • (ii) is the 'remedy available to B under specific Relief Act, who
4. Q4 Answer the following thrown out of premises forcibly by A ? 48 marks
   • (a) Discuss the law relating to wagering agreement
   • (b) What is a contingent contract? Discuss the law relating to enforcement of contingent contracts
   • (c) "Astranger to consideration may sue upon the contract but not stranger to contract" .-Comment
   • (d) When is a contract said to be induced by undue-influence? When is a party deemed to be in a position to dominate the will of another? What is the effect of undue influence on a contract?
   • (e) What is specific performance of a contract? Discuss the contracts which
   • (f) can not be specifically enforced ') What is an Injunction? Sate the circumstances in which perpetual injunction can notbe granted by the court. [TURN OVER

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