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Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Nov 2016 Examination
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LLB 3 years Sem 4 Contract II Nov 2016 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 2016 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Nov 2016 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 2016 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) Attempt all questions. (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 questions in not more than two sentences each
20 Marks - 2 marks each
(a)Who is a 'holding-out' partner?[2]
Answer
A holding-out partner, also called a partner by estoppel, is not really a partner. But he lets others believe that he is one. Under section 28(1) of the Indian Partnership Act, 1932, he is "liable as a partner in that firm to any one who has on the faith of any such representation given credit to the firm".
The conditions.
- A representation. He represents himself as a partner "by words spoken or written or by conduct", or "knowingly permits himself to be represented" as one.
- Reliance. The outsider gives credit to the firm on the faith of that representation.
- His knowledge does not matter. He is liable whether or not he knew that the representation had reached that person.
Example. A retired businessman allows a firm to print his name as a partner on its letterhead. A supplier gives credit to the firm on seeing it. The businessman is liable to the supplier as a partner.
The limit. Continuing to use a deceased partner's name in the firm name does not by itself make his estate liable (section 28(2)).
Radhakaran Kabre v. Saifee Brothers, AIR 1956 Bom 63. A decree-holder against a firm wanted to execute the decree against a man as its partner. The man said he was never a partner. The Bombay High Court described section 28 as the doctrine of holding out, a part of the law of estoppel. It allowed the issue to be tried in execution as "whether" he "was, or held himself out as a partner".
So a holding-out partner is liable as a partner, though he is not one.
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