Mumbai University Solved Question Papers
Jurisprudence and Legal Theory
Previous Year Question Paper with Solution
LLB 3 years · Sem 4
May 2016 Examination
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LLB 3 years Sem 4 Jurisprudence and Legal Theory May 2016 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 2016 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2016 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 2016 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) Answer all questions. (2) Figures in the right indicates full marks.
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 one or two sentences
15 Marks as printed, for ten parts
(a)What is Solidary obligation?[2]
Answer
A solidary obligation is one in which two or more debtors owe the same thing to the same creditor. Each debtor is liable for the whole performance. When one debtor performs in full, all are discharged. The name comes from the Roman obligatio in solidum.
Contrast. A simple or sole obligation binds one debtor to one creditor.
Salmond's three kinds.
- Several: there are as many separate obligations as there are debtors.
- Joint: there is one obligation, owed by several debtors together.
- Joint and several: there is one joint obligation, and also a separate obligation for each debtor.
Indian law.
- Section 43 of the Indian Contract Act 1872 says that, unless otherwise agreed, the promisee may "compel any one or more of such joint promisors to perform the whole of the promise".
- The promisor who pays may compel contribution from the others, who share equally unless the contract says otherwise.
- Section 25 of the Indian Partnership Act 1932 makes every partner liable jointly and severally for acts of the firm.
Example. A, B and C jointly borrow Rs. 90,000 from D. D may recover the whole sum from A alone. A may then recover Rs. 30,000 each from B and C.
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