LLM Group 2 Business Law Fundamental Principles Of Law Of Contract And Allied Laws 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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• SECTION I - Form 68578. 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. State the circumstances under which the Chief Justice is empowered to appoint an arbitrator. Discuss the process for disqualification/ Removal of Arbitrators.
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2. Q.2. State the grounds and effect of doctrine of frustration. Discuss the nature of voidable agreements. Elaborately discuss the doctrine of restitution under the law of contract.
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3. Q.3. Trace the historical background of the Arbitration and Conciliation Act, 1996. How far alternative dispute mechanism has been effective in resolving the disputes efficiently and judiciously at international and national level. Discuss.
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4. Q.4. Explain the concept of "Lassiez Faire" in the context of individualistic ideology. The freedom of contract and sanctity of contract were the necessary instruments of laissez faire, "it was the function of the court to foster the one and vindicate the other". Examine this statement with reference to the "consensus" theory of contract?
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5. Q.5. Write notes on any three of the following
   • 1. Definition and meaning of Arbitration.
   • 2. Free Consent
   • 3. Arbitral Award.
   • 4. Recourse against arbitral award.
   • 5. Capacity of Parties to enter into Valid Contract.
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6. Q.6. Discuss the following
   • A. Essentials of valid contract.
   • B. Distinction between Arbitration Act, 1940 and Arbitration and Conciliation Act, 1996.
   • C. Composition and conduct of Arbitral Tribunal
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SECTION II - Form 81067. Attempt any four questions, figures to the right indicate full marks, cite relevant case laws where necessary (any four of seven) 100 Marks

1. Q.1 Discuss tender of performance, anticipatory breach of contract. State the rules for ascertaining of damages.
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2. Q.2 Briefly discuss the nature, object and scope of fundamental principles of contract. Enumerate the essential of a valid agreement.
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3. Q.3 Explain the role and functioning of "Family Courts" and "Lok Adalat" as a machinery for alternative dispute redressal mechanism in India.
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4. Q.4 Discuss the procedure of appeal against arbitral award in accordance with Arbitration and Conciliation Act of 1996.
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5. Q.5 Write short notes on any two of the following -
   • a) State exception to the rule, "No consideration No contract."
   • b) Composition of Arbitral Tribunal
   • c) Effect of Consent induced by coercion or undue influence on agreement.
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6. Q.6 Define Void Agreement. Enlist the list of void agreement under Indian Contract Act of 1872.
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7. Q.7 Discuss the following -
   • a) Salient features of United Nation's Convention on the International Sale of Goods
   • b) Finality and Enforcement of Arbitral Awards
   • c) Commercial Arbitration
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