LL.B. (Three Years) Sem 6 Conflict of Laws Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer the following questions very briefly (20 Marks)

1. (a) What is meant by 'prohibited degree of consanguinity and affinity' in the contract of marriage?
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2. (b) What is meant by Universality of status?
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3. (c) What is the valid age of marriage for girls under English Law?
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4. (d) What is Zihar under Muslim Personal Law?
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5. (e) Can parties choose their proper law of obligation? Give reason to your answer.
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6. (f) What is the full form of UNCITRAL?
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7. (g) Define Natural Guardian under Guardianship and Wards Act, 1890.
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8. (h) What do you mean by domicile of dependency?
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9. (i) What do you mean by lex contractus?
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10. (j) Under the Domicil and Matrimanial Proceedings Act, 1973 what is the domicil of a married woman?
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Q.2 Q.2: Short notes (any four) (20 Marks)

1. (a) Theories of capacity to contract
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2. (b) Recognition of foreign judgement
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3. (c) Proper law of tort
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4. (d) Muta Marriage
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5. (e) Partial Renvoi
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6. (f) Status of adoption.
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Q.3 Q.3: Solve the following problem (any two) (12 Marks)

1. (1) B, a domiciled Englishman, married E, a girl of 16, domiciled in England. Before the consummation of the marriage, B and E separated. Later E wished to marry another person S. To facilitate the marriage it was agreed that B should reside in Scotland for a minimum of 40 days to give jurisdiction to the Scotish courts and obtain the divorce. B resided in Scotland for more than 40 days. Such residence gave him the domicile of Scotland according to Scottish Law. Therefore he obtained a Scotish decree dissolving their marriage. Subsequently E married S and had children while B was still alive. For the purpose of construction of a will, legitimacy of children of E by marriage with S, was to be decided. The House of Lords held that B was not domiciled In Scotland according to English Law. Therefore the Scotish Court had no jurisdiction to dissolve the marriage. As the Scotish decree could not be recognized in England, the marriage between B and E was never dissolved. Consequently the marriage of E with S was bigamous and void. Therefore children were illegitimate. (a) Do you agree with the decision of The House of Court on legitimacy of the children? Give reason to your answer. (b) What do you understand by legitimacy?
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2. (2) The Nigerian moslem man, aged 26, entered into potentially polygamous marriage in Nigeria with a Nigerian girl, aged 13, the marriage being valid by Nigerian law. Shortly thereafter, the couple moved to and cohabited in England. (a) Is the marriage of the couple invalid? Why? (b) What do you mean by ante-nuptual domicile?
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3. (3) Two London merchants had contracted in London for the carriage of a cargo of esparto from Algeria. In consequence of the outbreak of rebellion in rebellion in Algeria certain deliveries could not be made. By French Law in force there, the rising constituted force majeure which would have been defence to an action for non-delivery, if French Law applied to the contract. The court held that English law was applicable and held that the defendents were liable in damages for non-delivery. (a) What do mean by force majeure? (b) Which private International Law Principle was used by English court? Explain that maxim briefly.
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Q.4 Q.4: Answer in detail (48 Marks)

1. (i) Explain the meaning and nature of conflict of laws.
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2. (ii) Describe jurisdiction and choice of law in context of divorce and judicial separation
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3. (iii) What is the difference between tort and breach of contract?
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4. (iv) Critically discuss the Foreign Court Theory.
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5. (v) Discuss recognition of existence of polygamous marriage.
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6. (vi) Discuss the approach of English court towards the problems of classification.
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