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Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Dec 2012 Examination
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LLB 3 years Sem 4 Contract II Dec 2012 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 Dec 2012 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Dec 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 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 do you mean by ascertainment of Goods?[2]
Answer
Section 18 of the Sale of Goods Act, 1930: "Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained."
Ascertained and unascertained goods. Goods are ascertained when the particular goods to be delivered are identified after the contract. Goods are unascertained when they are described only by kind and quantity. "100 bags of sugar out of the 1,000 in my godown" are unascertained. No one can yet say which hundred bags belong to the buyer.
Why the rule exists. Ownership must attach to particular goods. Until the buyer's goods are separated from the rest, there is nothing he can own. So the contract is only an agreement to sell, however much has been paid.
How goods become ascertained. The seller, or the buyer with his assent, appropriates goods of the right description to the contract. Property then passes under section 23, for example when the 100 bags are weighed out, marked and handed to a carrier for the buyer.
Badri Prasad v. State of Madhya Pradesh, AIR 1970 SC 706. A contractor had a right to fell teak trees of a stated girth, but the estate vested in the State before he felled them. The Supreme Court held that he had not become owner of the trees. Property was to pass only when the trees were felled and ascertained. So the contract was only an agreement to sell, and no sale had taken place.
So until the goods are ascertained, the risk and the ownership stay with the seller.
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