Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Jun 2018 Examination
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LLB 3 years Sem 4 Contract II Jun 2018 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 Jun 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jun 2018 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 Jun 2018 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 whenever 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 in 1-2 sentences each
20 Marks - 2 marks each
(a)State any 2 rights of surety against the creditor.[2]
Answer
The Indian Contract Act, 1872 gives the surety two main rights against the creditor. The first is the right to the benefit of every security the creditor holds (section 141). The second is the right to be discharged when the creditor impairs the surety's position (sections 133 to 139).
1. Right to the creditor's securities (section 141). The surety is entitled to every security the creditor holds against the principal debtor when the guarantee is given. This applies whether or not the surety knew of it. If the creditor loses the security, or parts with it without the surety's consent, the surety is discharged to the extent of its value.
2. Right to be discharged by the creditor's conduct. The creditor must not change the bargain behind the surety's back. The surety is discharged:
- by a variance in the contract made without his consent (section 133);
- by a release of the principal debtor (section 134);
- by a composition, time or promise not to sue given to the principal debtor (section 135); and
- by an act or omission that impairs his eventual remedy (section 139).
State Bank of Saurashtra v. Chitranjan Rangnath Raja, AIR 1980 SC 1528. A bank held tins of groundnut oil in pledge, under its own lock, and also a personal guarantee. Through the bank's negligence the tins were lost. The Supreme Court held the surety discharged to the extent of the value of the lost goods, under sections 139 and 141.
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