LL.B. (Three Years) Sem 1 Contract I Jan 2018 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 an 'Agreement' as defined under Indian Contract Act?
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2. Q2 What is 'Coercion' as defined under Indian Contract Act?
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3. Q3 What is a 'Voidable agreement'?
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4. Q4 Under what circumstances does 'silence' amount to fraud?
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5. Q5 What are the various ways of revocation of proposal?
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6. Q6 What is the obligation of a person who has received any advantage under a contract which becomes void?
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7. Q7 What are the obligations of a person enjoying the benefit of a non-gratuitous act?
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8. Q8 What is discretionary power of the Court under Section 20 of Specific Relief Act?
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9. Q9 What is 'mandatory injunction'?
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10. Q10 What is the limitation period for filing suit under Section 6 of Specific Relief Act?
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SECTION II - Q.2: Write short notes on (Any four) (20 Marks - 5 marks each)

1. Q11 Government Contracts
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2. Q12 Past Consideration
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3. Q13 Agreement by way of wager
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4. Q14 Clayton's Rules
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5. Q15 Declaratory decree
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6. Q16 Personal bars to relief under Specific Relief Act
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SECTION III - Q.3: Answer the following giving reasons (Any two) (12 Marks - 6 marks each)

1. Q17 A agreed to purchase a horse from B and further agreed to pay 1,000 rupees over and above the agreed price to B if the horse proves to be lucky to him. Thereafter A refused to buy the horse and B filed suit against A for breach of contract. (i) Will B succeed in the above case? (ii) What is the effect of an agreement, the meaning of which is not certain?
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2. Q18 A was directed by the court to furnish surety of Rs. 15,000/- under the Criminal Procedure Code. A gave the said amount to B and persuaded him to become surety. After expiry of the period of surety the amount was reimbursed to B. A asked B to return the said amount, however B refused to do so. (i) What is a lawful consideration? (ii) Will A succeed in the above case?
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3. Q19 A sells a field to B. There is a right of passage over the field of which A has direct personal knowledge but he conceals this fact from B when asked. (i) What is rescission of contract? (ii) Can B get the contract rescinded?
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SECTION IV - Q.4: Answer the following (Any four) (48 Marks - 12 marks each)

1. Q20 What is consideration to a contract? What is the effect on the validity of a contract, where the consideration is absent, inadequate and partly unlawful?
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2. Q21 What is 'Contingent' contract? Discuss the law relating to enforcement of contingent contracts.
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3. Q22 Discuss the doctrine of frustration of contract with the help of decided cases.
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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 Discuss the law relating to cancellation of instruments under Specific Relief Act?
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6. Q25 What are the different types of injunctions under Specific Relief Act? When can perpetual injunction be granted?
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Read from the scan above, so a character or two may differ. The scan is the original.