Mumbai University Solved Question Papers
Contract I
Previous Year Question Paper with Solution
LLB 3 years · Sem 1
Jan 2025 - 75/25 Examination
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LLB 3 years Sem 1 Contract I Jan 2025 - 75/25 Question Paper with Solutions
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First published on munotes.in on 27 August 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 Jan 2025 - 75/25 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.
Contents
The questions below are the paper as the University of Mumbai set it at the Jan 2025 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jan 2025 - 75/25 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 2½ hours · Total marks 75 · 21 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.
SECTION I
Q.1: Answer Any Six of the Following
12 Marks - 2 marks each
1.Under what circumstances can an instrument be rectified?[2]
Answer
Section 26 of the Specific Relief Act, 1963, provides that an instrument may be rectified where, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not express their real intention.
The conditions are:
- There must be a contract or other instrument in writing, not being the articles of association of a company to which the Companies Act applies;
- It must fail to express the real intention of the parties;
- The failure must be due to fraud or mutual mistake;
- Rectification is discretionary, and is granted only so far as it can be done without prejudice to rights acquired by third persons in good faith and for value; and
- Under Section 26(4), the relief must be specifically claimed in the pleading, though the court shall allow an amendment to include it.
Section 26(3) adds that a contract in writing may first be rectified and then specifically enforced in the same suit, if the party has so prayed.
The rest of the answers
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