Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2015 Examination
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LLB 3 years Sem 4 Contract II Nov 2015 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 2015 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2015 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 2015 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) All questions are compulsory. (2) Figures to the right indicate marks. (3) Give reasons / case law wherever necessary.
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: Answer the following in not more than 2 sentences each
20 Marks - 2 marks each
(a)Define a contract of indemnity.[2]
Answer
Section 124 of the Indian Contract Act, 1872 defines a contract of indemnity as "a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person".
The parties. The person who promises to save from loss is the indemnifier. The person protected is the indemnity holder (or indemnified).
Illustration to section 124. A contracts to indemnify B against the consequences of any proceedings C may take against B for a sum of 200 rupees. That is a contract of indemnity.
The indemnity holder's rights (section 125). When sued, he may recover the damages, the costs and the sums paid on a prudent compromise.
A narrow statutory definition. Section 124 covers loss caused by human conduct only. Loss from events such as fire or accident falls outside it, though the courts apply the wider equitable principles to such promises too.
Gajanan Moreshwar Parelkar v. Moreshwar Madan Mantri, AIR 1942 Bom 302. At the defendant's request, the plaintiff mortgaged land in his name to secure the defendant's debts, and the defendant promised to clear them. The Bombay High Court held that sections 124 and 125 are not exhaustive. Once the indemnity holder's liability has become absolute, he may require the indemnifier to pay it off, without paying first himself.
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