LL.B. (Three Years) Sem 4 Contract II Oct 2026 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All Questions are Compulsory. 2. Figures to the right indicate full marks. 3. Give case-law/reasons wherever necessary.

Q.1 Q.1: Answer any six in two sentences each (12 Marks - 2 marks each)

1. (a) State the basis for the formation of a partnership under the Indian Partnership Act, 1932
   Read the model answer
2. (b) Explain continuing guarantee and specific guarantee with examples.
   Read the model answer
3. (c) When can a breach of condition be treated as a breach of warranty?
   Read the model answer
4. (d) What is expressly excluded from the definition of "goods" under the Sale of Goods Act, 1930?
   Read the model answer
5. (e) What is meant by reconstitution of a partnership firm? State the various ways in which a partnership firm may be reconstituted.
   Read the model answer
6. (f) When can a finder of goods sell the goods?
   Read the model answer
7. (g) State any four grounds on which a partnership firm may be dissolved.
   Read the model answer
8. (h) Explain the term "agreement to sell".
   Read the model answer
9. (i) Define Partnership under the Indian Partnership Act, 1932.
   Read the model answer
10. (j) State any two rights of an unpaid seller under the Sale of Goods Act, 1930.
    Read the model answer

Q.2 Q.2: Write short notes on any two of the following (12 Marks - 6 marks each)

1. (a) Implied Authority of a Partner.
   Read the model answer
2. (b) Rights of parties in a mixture of goods under a contract of bailment.
   Read the model answer
3. (c) Liability of a substituted agent.
   Read the model answer
4. (d) Rights of an Unpaid Seller When the Goods Are Delivered to the Buyer.
   Read the model answer

Q.3 Q.3: Answer any two situational-based questions (12 Marks - 6 marks each)

1. (a) A, B and C are partners in a partnership firm. The partnership agreement does not specify the duration of the partnership or the manner in which it may be determined. In the light of the provisions of the Indian Partnership Act, 1932, answer the following: (i) What kind of a partnership is it created in this situation? Give Reasons (ii) Since no duration is specified, how can such a partnership be dissolved in the future?
   Read the model answer
2. (b) A sells goods to B on credit for a period of 30 days. Before the expiry of the credit period, B becomes insolvent. A, who is still in possession of the goods, refuses to deliver them to B. In the light of the provisions of the Sale of Goods Act, 1930, answer the following: (i) Whether A is entitled to retain possession of the goods? Give reasons. (ii) Explain in detail the concept of Seller's Lien and the circumstances under which an unpaid seller can exercise this right.
   Read the model answer
3. (c) A delivers his goods to B for safe custody. B fails to return the goods at the agreed time due to his negligence, and the goods are subsequently damaged. In the light of the provisions of the Indian Contract Act, 1872, answer the following: (i) Whether B is liable for the loss or damage caused to the goods? Give reasons. (ii) Explain in detail the responsibility of a bailee when the goods are not duly returned.
   Read the model answer
4. (d) A sells goods to B but continues to retain possession of the goods. Subsequently, A sells the same goods to C, who purchases them in good faith and without knowledge of the previous sale. In another situation, B purchases goods from A with A's consent to take possession of them and later sells them to C in good faith. In the light of the provisions of the Sale of Goods Act, 1930, answer the following: (i) Whether C can obtain a valid title to the goods in either of the above situations? Give reasons. (ii) Explain in detail the legal provisions relating to Seller or Buyer in Possession after Sale.
   Read the model answer

Q.4 Q.4: Answer any two of the following in detail (24 Marks - 12 marks each)

1. (a) Distinguish between a sale and an agreement to sell. Explain the essential requirements for a valid contract of sale under the Sale of Goods Act, 1930.
   Read the model answer
2. (b) Define a contract of guarantee and analyse its essential elements with reference to the relevant provisions of the Indian Contract Act, 1872.
   Read the model answer
3. (c) Explain the concept of bailment and critically examine the rights and duties of a bailee under the Indian Contract Act, 1872.
   Read the model answer
4. (d) Discuss and analyse the various modes of creation of an agency under the Indian Contract Act, 1872.
   Read the model answer

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