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BA LLB (BLS LLB) 5 Years Sem 5 Law of Contract and Specific Relief Nov 2011 Question Paper with Solutions

Mumbai University Solved Question Papers

Law of Contract and Specific Relief

Previous Year Question Paper with Solution

BA LLB (BLS LLB) 5 Years · Sem 5

Nov 2011 Examination

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Mumbai

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First published on munotes.in on 27 October 2026.

Published by munotes.in, Mumbai.

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

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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

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 2011 examination.

The answers in this volume state the law as it stands today, not as it stood when this paper was set. That matters in this subject: the Specific Relief (Amendment) Act, 2018, took effect on 1 October 2018 and rewrote Sections 10, 14, 16 and 20, so specific performance is now the rule rather than a discretionary remedy. Where a question asks about a provision that has since been replaced, the answer gives the provision as it then stood and the present position, and says which is which. A repeated question from an older paper can therefore be answered from these pages as they are written.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2011 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 3 hours  ·  Total marks 100  ·  25 questions answered

Instructions printed on the paper

  • N.B: Figures to the right indicate full 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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SECTION I

Answer the following

all 10 · 20 Marks

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1.Who is a Promisor and who is a Promisee under Indian Contract Act?[2]

Answer

Section 2(c) of the Indian Contract Act, 1872: "The person making the proposal is called the promisor, and the person accepting the proposal is called the promisee."

So the promisor is the one who makes the promise. The promisee is the one to whom it is made and who accepts it. In most contracts each party is both. A seller promises to deliver goods and is the promisor of that promise. The buyer promises to pay the price and is the promisor of that promise. Each is the promisee of the other's promise.

The promisee need not himself give the consideration. Under Section 2(d) it may come from "any other person". In Chinnaya v. Ramayya (1882 Mad) the brother was the promisee of his niece's promise to pay him an annuity, though the consideration came from his sister. He could sue as promisee.

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The terms matter for the rules that follow. Only the promisee can release or extend the time for performance (Section 63). And a promise must be performed by the promisor himself where the parties intended it, as in a contract for personal skill (Section 40). Otherwise his representatives or an agent may perform it.

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The rest of the answers

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