Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Apr 2011 Examination
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LLB 3 years Sem 4 Contract II Apr 2011 Question Paper with Solutions
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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 Apr 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2011 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 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: (1) Cite case laws wherever necessary. (2) Figures to the right indicate marks assigned to each question.
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)Quote the difference between Indian Law and English Law about Contract of Indemnity in relation to Act of God.[2]
Answer
Under English law, a contract of indemnity covers a promise to save another from loss from any cause. That includes an act of God, such as a flood or a fire not caused by anyone. Under Indian law, section 124 of the Indian Contract Act, 1872 defines it more narrowly, as a promise to save the other "from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person". An act of God is not anyone's conduct, so it falls outside section 124.
What this means in practice.
- Section 124 is not exhaustive. A promise to indemnify against loss by accident or an act of God is still a valid contract. It is governed by the general law of indemnity, not by section 124.
- Insurance. Fire and marine insurance protect against loss from such events, and are treated as contracts of indemnity in India too.
Gajanan Moreshwar Parelkar v. Moreshwar Madan Mantri, AIR 1942 Bom 302. At the defendant's request, the plaintiff mortgaged land standing in his name to secure the defendant's debts, and the defendant promised to discharge the mortgages. Chagla J. held that section 124 "deals only with one particular kind of indemnity". It does not cover loss "by events or accidents which do not or may not depend upon the conduct of the indemnifier or any other person". The Contract Act is not exhaustive, and the general law fills that gap.
So the Indian definition excludes an act of God, while English law and the general law of indemnity include it.
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