LL.B. (Three Years) Sem 1 Law of Contract and Specific Relief Aug 2023 I 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer in one or two sentences (any 6 of 8) 12 Marks

1. Q1 Define 'fraud' under Indian Contract Act, 1872.
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2. Q2 What is invitation to offer?
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3. Q3 what is mandatory injunction?
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4. Q4 what is consensus ad idem?
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5. Q5 what is contingent contract?
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6. Q6 Explain the term ' Voidable contract' under ICA, 1872.
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7. Q7 What is counter offer?
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8. Q8 which parties are competent to enter into contract?
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SECTION II - Short notes (any 2 of 4) 12 Marks

1. Q9 Anticipatory breach of Contract
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2. Q10 Clayton's Rule
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3. Q11 Rescission of Contract
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4. Q12 Digital signature
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SECTION III - Solve (any 2 of 4) 12 Marks

1. Q13 'X' was in possession of a shop owned by 'Y'. Due to financial stringencies 'X' was unable to pay the rent. Inspite of repeated reminders 'X' failed to pay the rent to 'Y'. On the day of weekly off, 'Y' broke the lock and entered the shop. Later changed the lock and took the keys home. A) What remedy does 'X' have in this case? B) What is the time period within which 'X' can take the action?
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2. Q14 X' makes an offer to 'Y'. 'X' dies the next day, but 'Y' does not know of his death. 'Y' sends a communication to the address of 'X' accepting the offer. Is the agreement formed between the parties? Give valid reasons supporting your answer.
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3. Q15 Alex has a business of selling wheat and rice on wholesale. Alex enters into a contract to sell 500 kgs of Rice to Arman for Rs. 50 Lakh. After the contract is made Arman fails to take the delivery of the goods. The goods are lying at the godown. 1. Can Alex file a suit for breach of Contract? 2. What are the rules for ascertaining damages in case of breach of contract?
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4. Q16 'T', aged 16 years, takes a loan of Rs. 20, 00, 000 from SW Finance Pvt. Ltd. giving an identity proof impersonating his friend who is 21 years old. 'T's mother comes to know about it and sends an email to the Finance Company stating that 'T' does not owe them anything. 1. Is 'T's mother correct? Give valid reasons in support of your answer. 2. Explain 'T's liability in this contract with reference to relevant case laws.
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SECTION IV - Explain the following (any 3 of 5) 39 Marks

1. Q17 All contracts are agreement but all agreements are not contract. Explain
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2. Q18 What is breach of contract? Explain rules and remedies for breach of contract as per ICA, 1872.
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3. Q19 Explain provisions for preventive relief under specific relief Act.
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4. Q20 Explain principle of unjust enrichment with reference to provisions of quasi contract.
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5. Q21 Explain the provisions relating to fraud and misrepresentation. Discuss the points of difference between them.
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