Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Oct 2024 - 60/40 Examination
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LLB 3 years Sem 4 Contract II Oct 2024 - 60/40 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 Oct 2024 - 60/40 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2024 - 60/40 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 Oct 2024 - 60/40 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 2 hours · Total marks 60 · 22 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 in not more than 2 sentences, any 6
12 Marks - 2 marks each
(1)How will you account for repealed Sec. 76 to 123 of Indian Contract Act, 1872?[2]
Answer
Sections 76 to 123 formed Chapter VII of the Indian Contract Act, 1872, "Sale of Goods". They were repealed by section 65 of the Indian Sale of Goods Act, 1930. That Act re-enacted the law of sale as a separate and fuller statute.
Why they were moved. The 1872 chapter was brief. Commerce needed a complete code on passing of property, conditions and warranties, the unpaid seller and remedies. So in 1930 the law of sale was taken out of the Contract Act and given its own Act. The new Act drew on the English Sale of Goods Act, 1893.
What happened to the repealing section. Section 65 of the 1930 Act, having done its work, was itself repealed as spent by the Repealing Act, 1938. That did not revive the old chapter. Section 66(1) of the 1930 Act saves rights and proceedings under the old law.
How the two Acts now fit (section 3, Sale of Goods Act). "The unrepealed provisions of the Indian Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods." So general contract rules on offer, consent and damages still govern sales.
Example. The old section 123 dealt with pretended bidding at auctions. That rule is now section 64(6) of the 1930 Act.
Ramendra Nath Roy v. Brajendra Nath Dass, (1919) 53 IC 986 (Calcutta High Court). An unpaid seller of jute tried to stop goods in transit after the buyer became insolvent. The case was decided under the Contract Act's own sections on stoppage, which the 1930 Act later replaced with sections 50 to 53. The court held the notice too late for goods already delivered to the mill. It shows the old chapter at work before 1930.
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