LL.B. (Five Years) Sem 5 Law of Contract and Specific Relief Jan 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in two sentences. Attempt any six. 12 marks
   • 1. Define void agreements
   • 2. What do you understand by ‘contingent contracts?
   • 3. What is ‘substituted performance’?
   • 4. State the effect of ‘mistake’ in a contract
   • 5. Give the meaning of ‘reciprocal contracts’, with examples
   • 6. Which parties are competent to contract?
   • 7. Briefly define ‘declaratory decree’
   • 8. Define ‘consideration’
2. Q2 Write Short Notes: Attempt any two of the following. 6 marks
   • 2. Discharge of contract
   • 3. Injunction
   • 4. Digital Signature
3. Q3 Situational Problems: Attempt any two of the following. 6 marks
   • 1. ‘A’ tells his wife that he would commit suicide if she did not transfer her personal assets to him. She does so under this threat
   • i. Can the wife avoid the contract? Give reasons to support your answer il. Enumerate factors that may make a contract voidable
   • 2. ‘A’ contracts with ‘B’ to buy a necklace believing that it is made of real pearls, whereas it contained imitation pearls having little value. ‘B’ knows that ‘A’ is mistaken but makes no efforts to correct the error
   • i. Is ‘A’ bound by the contract? Give reasons il. Cite at least one case law to support your answer
   • 3. ‘A’ agrees to sell to a horse for Rs. 80,000 if it wins a race and for Rs. 20,000 if it does not. The horse wins the race Advice the parties, if:
   • a. ‘B’ refuses to pay Rs. 80,000 and buy the horse
   • b. ‘A’ refuse to sell the horse to‘B’ ‘B’ agrees to buy the horse for Rs.10,000
   • 4. ‘A’ was due to perform a contract on Ist May, 2023, however, on 20th April he repudiated his obligation. On 29th April the contract became illegal through a change in law. ‘B’, the other party to the contract, decides to file a suit for breach of contract on 30th April 2023
   • i. Discuss the remedy available to “B’ with reasons il. Cite relevant case laws to support your answer
4. Q4 Long Answers: Attempt any three questions. 13 marks
   • 1. Define the following types of damages - Nominal Damages, Special Damages, Exemplary Damages and Liquidated Damages. Briefly explain the rule in the case of
   • 2. Explain the essential elements required for the formation of a valid contract. Support your answer with relevant case laws
   • 3. Explain ‘performance of contract’. Discuss the provisions relating to ‘devolution of
   • 4. What are the provisions for ‘recovery of possession of movable and immovable property’ by the persons entitled to immediate possession under the Specific Relief
   • 5. Explain the terms ‘offer’ and ‘acceptance’. Discuss the provision of “communication of offer and acceptance’ as per sec 4 of Indian Contract Act, 1872
   • 3. aT AT
   • 3) 0000/- A Gal A

Read from the scan above, so a character or two may differ. The scan is the original.