Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
May 2024 - 75/25 Examination
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LLB 3 years Sem 4 Contract II May 2024 - 75/25 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 May 2024 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2024 - 75/25 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 2024 - 75/25 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 2½ hours · Total marks 75 · 23 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: Answer any six in one-two sentences
12 Marks - 2 marks each
(a)Who can make a valid pledge?[2]
Answer
Normally only the owner of goods, or a person authorised by him, can pledge them. The law also lets some non-owners make a valid pledge, to protect a pawnee who takes the goods in good faith.
1. The owner. Pledge is "the bailment of goods as security" (section 172 of the Indian Contract Act, 1872), and an owner may bail his own goods.
2. Persons who are not the owner but may still pledge.
- A mercantile agent in possession of goods or documents of title with the owner's consent (section 178). He must act in the ordinary course of business, and the pawnee must act in good faith.
- A person in possession under a voidable contract that has not yet been rescinded (section 178A). The pawnee must act in good faith without notice of the defect.
- A person with a limited interest, such as a bailee with a lien. The pledge is valid to the extent of that interest (section 179).
- A seller or buyer in possession after a sale, who pledges to a person taking in good faith (Sale of Goods Act, 1930, section 30).
Morvi Mercantile Bank Ltd. v. Union of India, AIR 1965 SC 1954. A firm consigned goods by rail and endorsed the railway receipts to a bank against an advance. The Supreme Court held that the owner had made a valid pledge by transferring the documents of title. It noted that Indian law has grafted exceptions on the rule nemo dat quod non habet (no one gives what he does not have). Those exceptions protect bona fide pledgees.
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