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BLS LLB 5 Years Sem 10 Conflict of Laws Nov 2023 - 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

Conflict of Laws

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 10

Nov 2023 - 60/40 Examination

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2023 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2023 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2 hours  ·  Total marks 60  ·  22 questions answered

Instructions printed on the paper

  • N.B: 1. All questions are compulsory. 2. Figures to the right indicate maximum marks.

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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Q.1

Q.1: Answer any six in two sentences

12 Marks

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(1)What is lex loci contract?[2]

Answer

Lex loci contractus means the law of the place where the contract was made. It is a connecting factor for contracts with a foreign element.

Where a contract is made. It is made where the last act needed for a binding agreement is done. For a deed, that is the place of delivery. For a contract by post, English law treats it as made where the acceptance is posted.

Its old role. Older systems tested a contract by the lex loci contractus alone. Some writers, and the first American Restatement, did so.

Why it was given up as the general rule. The place of contracting is often a matter of chance. Take a contract made by telephone between London and Paris, or on a train passing through Germany. It has no real link with the place where it happened to be concluded.

Its present use.

  1. Formal validity. A contract is formally valid if it complies with the law of the place of contracting. On the better view, compliance with the proper law also suffices.
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  1. A factor in finding the proper law. Where the parties have not chosen a law, the place of contracting is one factor in the closest-connection test. In National Thermal Power Corporation v. Singer Company, (1992) 3 SCC 551, the Supreme Court listed it among the links to be weighed.

Not the same as lex contractus. Lex contractus means the proper law of the contract, which may be a different law.

Conclusion. The lex loci contractus is the law of the place of contracting. Today it decides form and helps find the proper law, but it no longer governs the contract by itself.

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