Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 8
Nov 2013 Examination
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BLS LLB 5 Years Sem 8 Contract II Nov 2013 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2013 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2013 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2013 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
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.
Q.1
Q.1: Write in not more than two sentences
20 Marks - 2 marks each
(a)What is the effect of pretended bidding?[2]
Answer
Pretended bidding is bidding at an auction by or for the seller, without any intention to buy, only to push up the price. "If the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer" (section 64(6) of the Sale of Goods Act, 1930).
Its effects.
- The sale is voidable, not void. The buyer may affirm the sale or avoid it. Until he avoids it, it stands.
- The choice is the buyer's alone. The seller cannot rely on his own pretended bidding to escape the sale.
- Bidding by the seller without notice. Where the right to bid has not been notified, the seller may not bid, or employ anyone to bid. Any sale in breach "may be treated as fraudulent by the buyer" (section 64(4)).
- A reserved right is different. If the sale is notified as subject to a right of the seller to bid, he may bid himself or through one person (section 64(3)).
The rule was formerly section 123 of the Indian Contract Act, 1872.
Tumdu Dhansing v. Province of Bombay, (1947) 49 Bom LR 209 (Bombay High Court). A revenue officer auctioned a defaulter's land for toll arrears. No one bid, and a revenue patil then bid one rupee for the Government, which was accepted despite the reserve prices. The High Court recited the common law rule: a sale where the seller bids without reserving the right "may be treated by the purchaser as fraudulent". But only a purchaser can complain that bidding was run up by the seller's "puffer". The sale was set aside on other grounds, as having no warrant in law.
So pretended bidding gives the buyer, and only the buyer, the right to avoid the sale.
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