LLB 3 Years Sem 1 Contract I Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences :— 20 marks
   • (a) What is free consent?
   • (b) What is an acceptance of an offer?
   • (c) Who is competant to contract?
   • (d) Define undue influence?
   • (e) What do you mean by contingent contract?
   • (f) a wagering agreement?
   • (g) a government contract
   • (h) Mention any two types of contracts that may be specifically enforced
   • (i) Under what conditions can a court order cancellation of an instruments?
   • (j) can obtain specific performance under Specific Relief Act?
2. Q2 Write short notes on (any four) :— 20 marks
   • (a) Coercion
   • (b) Agreements against public policy
   • (c) Novation
   • (d) Declaratory decree
   • (e) Mandatory Injunction
   • (f) Rescission of contract Answer the following giving reasons (any two) 12
   • (a) Plaintiff and his wife hired a room at a hotel and paid a week's rent in advance. When they went to occupy the room there was a notice on one of the walls to the effect that "The proprietor will not themselves be for articles lost or stolen unless handed to the managers for ! safe custody." Subsequently the plaintiff claimed damages due to loss of their property owing to the negligence of the hotel staff
   • (i) Whether plaintiff will succeed in the above circumstances?
   • (ii) Whether the plaintiff is bound by the notice of disclaimer on
   • (b) The defendant offered to sell his farm to the plaintiff for 50,000/- Rs. The plaintiff replied that he would pay Rs. 45,000/- which was refused by the defendant. Plaintiff then agreed to pay Rs. 50,000/- Defendant, however, now refused to adher to his original offer
   • (i) What does plaintiff's reply to pay Rs. 45,000/- known as?
   • (ii) Does plaintiff's subsequent agreement to pay Rs . 50,000/- amount to acceptance of defnedant's offer?
   • (c) 'A' owner ofa flat in mumbai went abroad for a couple of years. He appointed his servant 'B' as a caretaker of his flat. When came back from abroad. 'B' refused to vacate the flat
   • (i) Can'A' forcibly throw out of flat?
   • (ii) What is the remedy 'A' has to recover the possession flat from B under Specific Relief Act?
3. Q4 Answer the following (any four) 48 marks
   • (a) Explain in detail the doctrine of fustration with the help of case laws
   • (b) Define void agreemetns & state and explain briefly the agreements which are expressely declared void under Indian contract Act
   • (c) Define and explain consideration. What are the exceptions to the rule no
   • (d) Define offer explain counter offer invitation to an offer with case laws
   • (e) an injunction? Differentiate between temparary and
   • (f) Explain the provisions of the Specific Relief Act regarding recovery of possession of Immovable property. Cite case laws
4. Q2 fear Ro

Read from the scan above, so a character or two may differ. The scan is the original.