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Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
May 2017 Examination
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LLB 3 years Sem 4 Contract II May 2017 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
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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 May 2017 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2017 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2017 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 two sentences each
20 Marks - 2 marks each
(a)Define 'Pawn'.[2]
Answer
Section 172 of the Indian Contract Act, 1872 defines pledge as "the bailment of goods as security for payment of a debt or performance of a promise". The bailor is called the "pawnor" and the bailee the "pawnee".
The essentials.
- A bailment. Goods must be delivered to the pawnee. A mere agreement to pledge, without delivery, is not a pledge.
- Goods. Only movable goods can be pledged.
- As security. The purpose is to secure a debt or the performance of a promise. Ownership stays with the pawnor; the pawnee gets only a special property and possession.
The pawnee's rights in brief. He may retain the goods for the debt, interest and necessary expenses (section 173). On default, he may sue on the debt and keep the goods, or sell them after reasonable notice (section 176).
Lallan Prasad v. Rahmat Ali, AIR 1967 SC 1322. A lender advanced Rs 20,000 against aeroscraps that were to be pledged with him. He sued on the promissory note, denying that the goods were ever delivered. The court found they had been. The Supreme Court held that he could not recover the debt and also keep the goods. A pawnee who sues on the debt must be able to return the goods on payment.
Morvi Mercantile Bank Ltd. v. Union of India, AIR 1965 SC 1954. The Supreme Court held that an owner can pledge goods by endorsing the railway receipts for them to a bank. Delivery of a document of title is delivery of the goods.
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