LLM Group 2 Business Law Fundamental Principles Of Law Of Contract And Allied Laws 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

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• SECTION I - Q.P. Code 29170. Attempt any four questions, figures to the right indicate full marks, cite relevant case laws where necessary (any four of six) 100 Marks

1. Q.1 Briefly discuss the remedies available to aggrieved parties on breach of contract. State the rules for ascertaining damages.
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2. Q.2 Briefly discuss the nature, object and scope of fundamental principles of contract. Enumerate the essentials of a valid contract.
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3. Q.3 Define and discuss "Foreign Awards, and its relevance in New York Convention. State the conditions under which the recognition and enforcement of the foreign award can be refused.
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4. Q.4 Explain the concepts of "family Courts" and "Lok Adalat" as a machinery for alternative dispute redressal mechanism.
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5. Q.5 Write notes on any three of the following.
   • 1. No consideration No Contract.
   • 2. Arbitration Agreement and Arbitration clause in Arbitration Agreement.
   • 3. Composition and conduct of Arbitral Tribunal.
   • 4. Consensus ad idem.
   • 5. Conciliation and commercial Arbitration.
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6. Q.6 Discuss the following.
   • 1. U.N. Convention Sales.
   • 2. Finality and Enforcement of Arbitral Awards.
   • 3. Commercial Arbitration.
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SECTION II - Form 60135. Attempt any four questions, figures to the right indicate full marks, cite relevant case laws where necessary (any four of six) 100 Marks

1. Q.1. Analyses the theory of "Unjust Enrichment" with reference to the doctrine of "restitution". Explain the nature of "quasi contractual obligations" under the English law and "certain relation resembling those created by contract" under the Indian law.
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2. Q.2. Trace the predominant role of the UNCITRAL Model Bye law and the Rules in enactment and interpretation of the Arbitration and Conciliation Act of 1996. Enumerate and discuss on the objectives of the Act
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3. Q.3. Explain the concepts of "Family Courts" and "LokAdalat" as a machinery for alternative Dispute redressal mechanism.
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4. Q.4. "A contract is agreement enforceable by law". Examine and critically evaluate this Statement by elaborately discussing the essentials of a valid contract.
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5. Q.5. Write notes on any three of the following. -
   • 1. Status and Qualifications of an Arbitrator.
   • 2. Arbitration Agreement and Arbitration clause in Arbitration Agreement.
   • 3. Alternative Disputes Resolution (ADR) Process.
   • 4. Finality and Enforcement of Arbitral Awards.
   • 5. U. N. Convention on Sales.
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6. Q.6. Discuss the following -
   • 1. Doctrine of Frustration.
   • 2. Remedies available to aggrieved parties.
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