LL.B. (Three Years) Sem 1 Contract I May 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. All questions are compulsory. Figures to the right indicate full marks.

SECTION I - Q.1: Answer the following (not more than two sentences) (20 Marks - 2 marks each)

1. Q1 What is 'promise' as defined under Indian Contract Act?
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2. Q2 Who is competent to enter into contract?
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3. Q3 What is free consent?
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4. Q4 What is the effect of mutual mistake of fact under Indian Contract Act?
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5. Q5 What is the effect of an agreement, the meaning of which is not certain?
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6. Q6 When two or more persons make a joint promise, whom can the promisee compel to perform the promise?
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7. Q7 What is the effect of negligence of promisee to afford promisor reasonable facilities for the performance?
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8. Q8 What is 'settlement' as defined under Specific Relief Act?
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9. Q9 What is mandatory injunction?
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10. Q10 When can an instrument be rectified?
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SECTION II - Q.2: Write short notes (Any four) (20 Marks - 5 marks each)

1. Q11 Doctrine of fundamental breach of contract under Standard Form of Contracts
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2. Q12 Agreement in restraint of trade
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3. Q13 Undue influence
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4. Q14 Appropriation of payment
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5. Q15 Recovery of possession of immovable property
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6. Q16 Discretion as to decreeing specific performance
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SECTION III - Q.3: Answer the following with reasons (Any two) (12 Marks - 6 marks each)

1. Q17 A purchased a steamer ticket. On the back of the ticket a condition has been printed that the company will not be liable for loss or injury to the passenger or his luggage. On the face of the ticket there was no indication that some conditions have been printed on the back of the ticket. The luggage of A is lost due to negligence of the crew member. (i) What is 'reasonable notice of terms' in case of standard form of agreements? (ii) Can the company be held liable for the loss?
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2. Q18 A accepts a Vakalatnama from B to represent B in a certain suit. Later on B promises that if the suit is decided in his favour then he will give Rs. 50,000/- extra as a reward over and above the fees already fixed. The suit is decided in favour of B, but B refused to pay the amount of reward to A. (i) What is 'consideration' as defined under Indian Contract Act? (ii) Is B bound to pay the amount of reward to A?
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3. Q19 A and B contract to become partners in a specific business. The duration of partnership is not specified in that contract. (i) What is specific performance of contract? (ii) Can the above contract of partnership be specifically enforced?
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SECTION IV - Q.4: Answer the following (Any four) (48 Marks - 12 marks each)

1. Q20 Define void agreement. State and explain briefly the agreements which are expressly declared void under Indian Contract Act.
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2. Q21 Discuss the law relating to wagering agreements.
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3. Q22 What is a contingent contract? Discuss the law relating to enforcement of contingent contracts.
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4. Q23 What is breach of contract? Discuss the principles on which the court awards damages for the breach of contract.
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5. Q24 What is rescission of a contract? When can rescission be adjudged or refused?
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6. Q25 Under what circumstances can a court order for cancellation of an instrument? How is cancellation of an instrument different from rectification of an instrument?
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