LL.B. (Three Years) Sem 6 Conflict of Laws Nov 2023 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 maximum marks.

SECTION I - Q.1: Answer any six in two sentences (12 Marks)

1. Q1 What is lex loci contract?
2. Q2 What is Foreign Judgment?
3. Q3 What is the minimum age of marriage in India?
4. Q4 What is lex causae?
5. Q5 What are the essential features of a Void Marriage?
6. Q6 Who are considered as Testamentary Guardians?
7. Q7 What are remedies available to parties for breach of Contract?
8. Q8 What are matrimonial causes?
9. Q9 What is Action in Rem? Give Examples
10. Q10 State the different kinds of divorce under Muslim Law.

SECTION II - Q.2: Short Notes (Any Two) (12 Marks)

1. Q11 Actions in personam
2. Q12 Choice of law
3. Q13 Kinds of marriage
4. Q14 Rome Convention

SECTION III - Q.3: Answer any two situational Problems (12 Marks)

1. Q15 Indian Government sued UCC, an American company, after the Bhopal gas tragedy in the American Federal Court. (a) Was the suit entertained? Explain the principle of forum non conveniens. (b) What is a natural forum?
2. Q16 American court passed an ex-parte interlocutory custody order in favour of the father of a 08 year old boy. The mother was unhappy with the decision. She removed the child from U.S.A. and came with him to New Delhi. (a) What is the basic purpose of custody order? (b) What is the name of International Convention to check abduction of child from custody of other parent? Has India signed the Convention?
3. Q17 A Ship owned by the Indians was chartered by the Italian shippers to carry some electronic goods from Italy to India. Payment of freight was to be made in Italy. However, Indian owners were sued for short delivery and damages to the goods. (a) Will the contract be governed by the Indian or Italian Law? (b) Can the parties to contract choose a particular law in case of breach of Contract?
4. Q18 A domiciled Frenchman married in England a domiciled English woman without first obtaining the necessary consent of his parents to the marriage. Consent of parents in English laws is treated as a formality to be governed by the law of the place of the celebration and the English rule as to consent did not apply in the case to the Frenchman who was over the English age of majority. According to the French law, consent of parents under the circumstances of the case was regarded as an essential. For the lack of such consent a French court annulled the marriage. (a) Will the English Court give effect to the decree of the French Court? (b) What is the name of the case?

SECTION IV - Q.4: Answer any two in detail (24 Marks)

1. Q19 Examine the four main theories as to capacity to contract.
2. Q20 Bring out a critical analysis of Renvoi.
3. Q21 Explain immunity from Jurisdiction to foreign state, diplomats and international organization.
4. Q22 Explain Indian law on domicile. How can domicile of choice be acquired and lost?

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