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Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2011 Examination
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LLB 3 years Sem 4 Contract II Nov 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 Nov 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 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 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: (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)Why pledge is called as a special kind of Bailment?[2]
Answer
A pledge is "the bailment of goods as security for payment of a debt or performance of a promise" (section 172 of the Indian Contract Act, 1872). It has every element of a bailment: delivery of goods for a purpose, and their return. It is called a special kind of bailment because its purpose is always security. That purpose gives the pawnee rights an ordinary bailee does not have.
What makes it special.
- Retention for the debt. The pawnee may keep the goods for the debt, its interest and his necessary expenses (section 173).
- A power of sale. On default, he may sell the goods after reasonable notice to the pawnor (section 176). An ordinary bailee may at most keep the goods under a lien.
- Pledges by non-owners. A pawnee in good faith may get a valid pledge from a mercantile agent (section 178). So too from a person holding under a voidable contract (section 178A).
- A special property. The pawnee's interest ranks ahead of the pawnor's unsecured creditors.
Bank of Bihar v. State of Bihar, AIR 1971 SC 1210. Sugar pledged with a bank was seized and sold by the State for a sugar cess due from the pawnor. The Supreme Court held that the pawnee has a "special property" and a lien "which was not of ordinary nature". The State, an unsecured creditor, had to make good to the bank the amount the pledge secured.
So a pledge is a bailment made for security, and the security is what gives it its special rules.
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