LLB 3 Years Sem 1 Contract I April 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Figures to the right indicate full marks

1. Q1 Answer the following 26 marks
   • (a) What is coercian as defined under Indian Contract Act ?
   • (b) When can a proposal be revoked ?
   • (c) What is standard form contract ?
   • (d) What is the effect of an agreement in restraint of trade ?
   • (e) What is the effect of mistake of law under Indian Contract Act ? When is a person deemed to be in a position to dominate the will of
   • (g) What is the effect of self-induced frustration upon a contract ?
   • (h) Under what circumstances can a Court order for Cancellation of instrument ?
   • (i) Who can obtain specific performance ?
   • (j) Mandatory Injunction ?
2. Q2 Write short notes (any four) :— 20 marks
   • (a) Invitation to offer
   • (b) Contingent contracts
   • (c) Novation
   • (d) Quantum meruit
   • (e) Defence respecting suits for based on contract
   • (f) Alternative relief of rescission in a suit for specific performance
3. Q3 Answer the following giving reasons (any two) :— 12 marks
   • (a) Asells a horse to B by auction. A knows the fact that the horse is not of sound mind but he says nothing to B about it. B files a suit to revoke the contract on the basis of fraud
   • (i) When does silence amount to fraud ?
   • (ii) Will B succeed’?
   • (b) a Vakalatnama from A to represent him in a certain suit. Later on, A promises that if the suit is decided in his favour then he will give him Rs. 1,00,000 extra more than !ega! charges, as a reward. The suit is decided in favour of A, but he now refuses to pay extra amount of
   • (i) What is consideration ?
   • (ii) A bound to pay the amount of reward to B ?
   • (c) X files a suit against Y for the declaration that he is entitled to receive Rs. 10,000 from Y, but does not pray for the recovery of the said amount
   • (i) What is declaratory decree ?
   • (ii) Will X succeed to obtain such ?
4. Q4 Answer the following any four :— . 48 marks
   • (a) “Acceptance to proposal is what is a lighted match to a train of Discuss and state essentials of a valid acceptance
   • (b) Define void agreement and explain briefly the agreements which have been expressly declared void under Indian Contract Act What is breach of contract ? What are the principles on which damages are assessed for breach of contract ?
   • (d) What is privity of contract ? Discuss the exceptions to the doctrine of privity of contract
   • (e) What is rescission of a contract ? When the rescission can be adjudged or refused by the Court ? (f} Discuss the law relating to recovery of possession of immovable property under Specific Relief Act

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