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BLS LLB 5 Years Sem 10 Conflict of Laws Oct 2024 - 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

Oct 2024 - 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 Oct 2024 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Oct 2024 - 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: Please check whether you have got the right question paper. (i) All questions are compulsory. (ii) Figures to the right indicate 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 6 in two sentences

12 Marks

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(a)What is Lex Contractus?[2]

Answer

Lex contractus means the law that governs a contract. It is also called the proper law of the contract. It is the lex causae (governing law) for contractual questions.

How it is found. English law, which Indian courts follow, finds it in three steps.

  1. Express choice. The parties may choose the law in the contract. In Vita Food Products Inc. v. Unus Shipping Co. Ltd., [1939] AC 277, the Privy Council upheld a choice of English law in a Newfoundland contract. The choice must be bona fide, legal and not against public policy.
  2. Implied choice. If no law is named, the court infers the parties' intention from the contract's terms and circumstances.
  3. Closest connection. Failing both, it is the law with which the transaction has its closest and most real connection.

India. In National Thermal Power Corporation v. Singer Company, (1992) 3 SCC 551, the Supreme Court adopted these steps. It added that the proper law means the domestic law of the chosen system, not its conflict rules.

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What it governs. The existence, essential validity, interpretation, performance and discharge of the contract.

Not the same as lex loci contractus. That is the law of the place where the contract was made, which may differ.

Conclusion. Lex contractus is the proper law of the contract, chosen by the parties or found by the closest connection.

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