LLB 3 Years Sem 1 Contract I May 2012 Question Paper - Mumbai University | munotes
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- N.B. Figures to the right Indicate full marks
(3 Hours) [ Total Marks : 100
N.B. Figures to the right Indicate full marks
Answer the following : (not more than two sentences) — 20
(1) When is communication of acceptance said to be complete ?
(2) What is the effect of an agreement in restraint of marriage ?
(3) What is the mutual mistake of fact under Indian Contract Act ?
(4) What is anticipatory breach of contract ?
(5) What is the obligation of a person who has received any advantage under
a contract which becomes void ?
(6) What is reasonable notice of terms in case of standard form contract ?
(7) What is the effect of failure to perform at fixed time, in contract in which
time is the essential ?
(8) What is the purpose of declaratory decree ?
(9) When can an instrument be rectified ?
(10) Upon whom can specific performance be enforced ?
il. Write short notes on any four :— 20
(1) Modes of revocation of proposal
(2) Coercion
(3) Government Contracts
(4) Agreements in restraint of legal proceedings
(5) Cancellation of instruments
(6) Perpetual injunction
Ill. Answer the following giving reasons : (any two) 12
(1) Two agreed to play a wrestling match on the condition that the
party who fails to appear on the day fixed was to forfeit Rs. 5,00,000 to the
opposite party, and the winner was to receive Rs. 1,12,500 out of the gate
money. The defendant failed to appear and the plaintiff sued him to recover
(i) What are the effects of wagering agreements ?
(ii) Will plaintiff hereinabove succeed ?
(2) The plaintiff sent a telegram to the defendant stating, “Will you sell us Bumper
Hall Pen Telegraph lowest cash price” The defendant replied, also by a
telegram, “Lowest price for the Bumper Hall Pen is 5000 rupees”. The plaintiff
immediately sent their telegram stating, “We agree to buy Bumper Hall Pen
for 5000 rupees as asked by you”. However, defendant refused to sell the
property at that price
(i) What is an offer ?
(ii) Does quotation of minimum price by the defendant in response to
inquiry of the plaintiff amount to offer ?
(3) X an attorney induced his client Y, who is a Hindu widow to transfer property
to him for defrauding creditors. Y thereafter files a suit for rescission of
the instrument of transfer
(i) What is rescission of a contract ?
(ii) Will succeed to get the instrument rescinded?
iV. Answer the following (any four) 48
(1) “No consideration, no contract” — discuss and state the exceptions if any
(2) What is contingent contract ? Discuss the law relating to enforcement of
(3) What is undue influence ? When is a party to contract deemed to be ina
position to dominate the will of another party ? What are the effects of
undue influence on a contract ?
(4) What is standard form contract ? What are the various modes to protect
the individuals against the possibility of exploitation inherent in standard
(5) Discuss the contracts which cannot be specifically enforced
(6) What is the liability of a person in possession of property not as
the owner, to deliver it specifically to the person entitled to immediate
(3) dare oof
(2) te (x)
(2) (4) te
N.B. Figures to the right Indicate full marks
Answer the following : (not more than two sentences) — 20
(1) When is communication of acceptance said to be complete ?
(2) What is the effect of an agreement in restraint of marriage ?
(3) What is the mutual mistake of fact under Indian Contract Act ?
(4) What is anticipatory breach of contract ?
(5) What is the obligation of a person who has received any advantage under
a contract which becomes void ?
(6) What is reasonable notice of terms in case of standard form contract ?
(7) What is the effect of failure to perform at fixed time, in contract in which
time is the essential ?
(8) What is the purpose of declaratory decree ?
(9) When can an instrument be rectified ?
(10) Upon whom can specific performance be enforced ?
il. Write short notes on any four :— 20
(1) Modes of revocation of proposal
(2) Coercion
(3) Government Contracts
(4) Agreements in restraint of legal proceedings
(5) Cancellation of instruments
(6) Perpetual injunction
Ill. Answer the following giving reasons : (any two) 12
(1) Two agreed to play a wrestling match on the condition that the
party who fails to appear on the day fixed was to forfeit Rs. 5,00,000 to the
opposite party, and the winner was to receive Rs. 1,12,500 out of the gate
money. The defendant failed to appear and the plaintiff sued him to recover
(i) What are the effects of wagering agreements ?
(ii) Will plaintiff hereinabove succeed ?
(2) The plaintiff sent a telegram to the defendant stating, “Will you sell us Bumper
Hall Pen Telegraph lowest cash price” The defendant replied, also by a
telegram, “Lowest price for the Bumper Hall Pen is 5000 rupees”. The plaintiff
immediately sent their telegram stating, “We agree to buy Bumper Hall Pen
for 5000 rupees as asked by you”. However, defendant refused to sell the
property at that price
(i) What is an offer ?
(ii) Does quotation of minimum price by the defendant in response to
inquiry of the plaintiff amount to offer ?
(3) X an attorney induced his client Y, who is a Hindu widow to transfer property
to him for defrauding creditors. Y thereafter files a suit for rescission of
the instrument of transfer
(i) What is rescission of a contract ?
(ii) Will succeed to get the instrument rescinded?
iV. Answer the following (any four) 48
(1) “No consideration, no contract” — discuss and state the exceptions if any
(2) What is contingent contract ? Discuss the law relating to enforcement of
(3) What is undue influence ? When is a party to contract deemed to be ina
position to dominate the will of another party ? What are the effects of
undue influence on a contract ?
(4) What is standard form contract ? What are the various modes to protect
the individuals against the possibility of exploitation inherent in standard
(5) Discuss the contracts which cannot be specifically enforced
(6) What is the liability of a person in possession of property not as
the owner, to deliver it specifically to the person entitled to immediate
(3) dare oof
(2) te (x)
(2) (4) te
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