Mumbai University Solved Question Papers
Contract II
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
Apr 2026 - 75/25 Examination
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LLB 3 years Sem 4 Contract II Apr 2026 - 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 Apr 2026 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2026 - 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 Apr 2026 - 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 · 20 questions answered
Instructions printed on the paper
- N.B: 1. All questions are compulsory. 2. Figures to the right indicate the full marks. 3. Give case law / reason 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 any six in two sentences
12 Marks - 2 marks each
(a)Who can exercise general lien?[2]
Answer
Under section 171 of the Indian Contract Act, 1872, only five classes of persons can exercise a general lien without a special contract. They are bankers, factors, wharfingers, attorneys of a High Court and policy-brokers. Any other bailee can retain goods for a general balance only if there is an express contract to that effect.
What a general lien means. A general lien is the right to keep any goods bailed to the holder as security for the general balance of account. It is not tied to the particular goods on which work was done. That is the difference from the particular lien in section 170, which covers only the goods on which labour or skill was spent.
The five persons explained.
- Bankers: banks dealing with a customer's securities and documents.
- Factors: mercantile agents who hold goods for sale.
- Wharfingers: owners of wharves who store goods for a charge.
- Attorneys of a High Court: lawyers holding a client's papers.
- Policy-brokers: insurance brokers holding policies.
The section's own limit. Even these five may lose the right where there is "a contract to the contrary".
Syndicate Bank v. Vijay Kumar, AIR 1992 SC 1066, (1992) 2 SCC 330. A firm deposited two fixed deposit receipts with its bank, with letters allowing the bank to retain them while any amount was due. A decree-holder of the firm tried to attach them. The Supreme Court held that the bank had a general lien over the receipts. It described a banker's lien as an implied pledge. So the bank's claim came first, and the attachment was set aside.
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