CONTRACT-1 PART-A 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Remission Quantum Meruit Agreement Specific offer Unconditional acceptance Mistake of law Nudum pactum Place of performance Novation Finder of lost goods Nominal damages What is the essential qualities of a valid contract Distinguish between void and voidable contract Distinguish between General offer and Specific offer Write about cross offers Adequacy of consideration is irrelevant – Explain. What is Coercion and what is the effect of contract entered under coercion. Write about the effect of marriage brokerage contracts. What is meant by Quantum Meruit. Explain the rules relating to reciprocal promises. Define contingent contract. Accord and Satisfaction Duty to mitigate Preventive relief Free consent Invitation to offer Past consideration Revocation of acceptance. Counter offer Alternative promise Cyber contract Lapse of offer Reciprocal Promises Immoral Agreements Tender Restraint of trade Define contract and distinguish it from agreement. ‘Consideration must proceed from the promisee’. Elaborate. Discuss the element of ‘fraud’. How do you distinguish it from misrepresentating? What is anticipatory breach of contract? What are the reliefs provided for such breach? Define quasi-contract and give examples of quasi-contract. Examine the rules relating to damages. What is remoteness of damage? Examine the nature of temporary and perpetual injunction. What are the rules for recovery of immovable property? Can an offer be revoked? If so how? 46. 47. 48. 49. 50. 51. Define consideration. What are the essentials of wagering contract. What do you mean by capacity to contract. Explain the Doctrine of legal fraud. Briefly explain the facts of Mohiri Bibi vs. Dharma Das Ghose. Examine the scope of doctrine of frustration. PART-B 1. “A stranger to the consideration cannot enforce the contract.”_ Explain the statement with the exceptions. 2. “Insurance contracts are basically wagering agreements.”Comment. 3. Discuss the law relating to contracts by person of unsound mind. 4. When a contract is said to be opposed to public policy? Mention some of the agreements which are opposed to public policy. 5. Under what circumstances a contract need not be performed? 6. What do you mean by “proposal”? How does it differ from invitation to offer? 7. “Ordinarily,of course,mere silence is no fraud unless there is a duty to speak’. Explain… 8. “Consideration need not be adequate but must be real.’_Elucidate with the help of decided cases. 9. “A contract shall not be enforced if the court regards it as opposed to public policy.”_Discuss. 10. ‘A Surety’s liability is co-extensive with that of the Principal Debtor.”_ Explain. 11. “The Law of contract is not the whole law of agreements nor is it the whole law of obligation”Discuss. 12. “A contract without consideration is void” – Discuss. 13. What do you understand by a contingent contract and explain the legal position under Indian Contract Act. 14. What are the various remedies available to an aggrieved party against the other on the breach of a contract. 15. ‘Acceptance is to an offer what a lighted match is to a train of gunpowder”. Explain. 16. What is the position of Minor’s contract? Under what circumstances Minors contract can be valid? 17. Examine the grounds of impossibility of performance of contract. 18. When the court can order specific performance of contract? 19. “Stranger to contract cannot sue”. Explain pointing out the exceptions to this general rule. 20. Write about the effect of communication of acceptance and revocation of acceptance. 21. Explain the juridical basis of Quasi Contract and liability of the parties under Quasi Contracts. 22. “The Jurisdiction to grant specific performance is discretionary”. Elucidate. 23. What do you understand by performance of a contract? 24. Write a note on discharge of a contract by consent. 25. Distinguish between liquidated damages and penalties. 26. Explain the doctrine of privity of contract. Are there any exceptions to this rule? 27. What are the various kinds of reliefs available under the Specific Relief Act, 1963? 28. Discuss briefly the law relating to communication of offer, acceptance and revocation. When can an offer and acceptance be revoked? 29. Explain the facts and principles laid down in any one of the following” a.Carlill vs Carbolic Smoke ball co. ( 1893 ) 1 QB 256 b.Nordenfelt vs. Maxim Nordenfelt. Guns and communication co.Ltd. ( 1894 ) AC 565 30. Define Injunctions. Distinguish between perpetual and temporary injunctions? a.Declaratory decrees b.Standard form contracts. 31. Explain; a.Rectification of instruments b.Resfcission of a contract. 32.Write short notes on any TWO of the following: a.Coercion and Undue Influence b.Quasi-Contracts c.General Lien d.Anticipatory Breach. PART-C 1. ‘A’ bequeathed his property to ‘B’ subject that the property be passed on to ‘C’ if ‘B’in his life time did not acquire ‘Padmasree’ award. Explain the effect of such condition in the Will. 2. ‘X’ opened a shop nearby the shop of ‘Y’ who is a reputed business man in the town.’X’ made a correspondence with several traders offering to purchase certain articles on credit giving the impression that the correspondence was being made by ‘Y’. ‘Z’ thinking that he received such letter from ‘Y’ who is a reputed business man in the town delivered those articles at the address given in the letter i.e. at ‘X’ shop. Discuss the effect of the contract. 3. ‘M’ a minor who is Intermediate student of Govt. Jr. College was supplied with 10 Raymond suits. His father proved that he had provided required clothing to the minor at the time of admitting him in the College – Discuss. 4. ‘P’ gave her new sari for dry wash at the D’s shop. The receipt given by the shop contained a clause that the customer would be entitled to claim only 10% of the value of the article in case of loss.’P’s sari was lost due to the negligence of the ‘D’ – Decide. 5. Entorel Ltd. Vs. Miles Far East Corporation,( 1955 ). 6. Nordenfelt vs. Maxim Nordenfelt, (1894 ). 7. State of West Bengal vs. B.K. Mondal & Sons, (1962 ), 8. Boolchand vs. Kurukshetra University, (1968 ). 9. Ram offers to sell a house in Bombay to John for Rs.80,000/ -. The offer is communicated to John in Delhi by an express letter. The letter is delayed by the Postal Department. Before Ram’s letter reaches John, Jhon received a telegram from Ram revoking his offer – Advise John. 10. ‘A’ and ‘B’ are traders. A has private information of change in prices which will affect ‘B’s willingness to enter into the contract. A keeps silent and enters into contract with ‘B’. Is the contract valid? 11. ‘X’a minor represents to ‘Y’ that he is a major and borrows a sum of Rs. 20,000/- from ‘Y’ and deposits it in a Bank account.subsequently ‘X’ becomes major.’Y’ sues for the recovery of the amount – Decide. 12. Raju enters into a contract with Raheem to sell a pistol without licence. Is it valid ? 13. A makes an offer to B.C.pretending to be B accepts the offer_ Decide the validity of the offer. 14. A borrowed Rs. 10000 from B for starting a Gambling House. Afterwards he refused to return the money. What is the remedy available to B ? 15. A bachelor agrees to marry a spinster B after the death of his father and used to cohabited with the girl. But before death of his father A marries D Advice B. 16. A muslim lady sued her father in law to recover arrears of allowance payable to her by him under a contract in consideration of her marriage. Decide whether the contract is tenable. 17. ‘A’ sells of auction, to B a horse which A knows to be unsound. A says nothing to ‘B’ about the horse’s unsoundness. Is ‘A’ guilty of fraud. Discuss. 18. ‘A’ rich minor purchases food items and clothes from a merchant. However he fails to pay for the same. Can the merchant sue him ? Is the minor personally liable? 19. A promises to paint a picture for B within a month for a price. A dies shortly thereafter. Can B enforce the contract against the legal representatives of A . 20. A conveys land to B who bequeaths it to C and dies. Thereupon D gets possession of the land and produces a forged instrument stating that the conveyance was made to B in trust for him. Can C obtain the cancellation of the forged instrument? 21. A contracts to pay B a certain sum of money when B marries C . C dies without being married to B. Is the contract valid and enforceable? 22. A agrees to pay ‘B’a sum of money if a certain amount is advanced to ‘A’ who is a minor. B advanced the amount. Later on A refused to pay. Advice B in recovering the amount. 23. A hired B’s rooms of a building for a series of lectures. B discovered that the lectures would be of a seditious nature and refused to allow A to use the rooms. A sued B. Advice B. 24. A sold same land to B. at the time of sale both A and B believed in good faith that the area of the land sold was 1000 sq. yards.It however turned out that the area was 750 sq. yards only. How is the contract of sale affected? 25. A husband promised to his wife that he would give Rs.3000/- every month to her for running the family. However he committed a breach of that promise.can the wife recover such amount due ? 26. ‘A’ agress to pay ‘B’ sum of money if ‘B’ marries C. C married D. what is the consequence of it on agreement? 27. A owes to B Rs. 2000/- but the debt is barred by the limitation Act. A orally promises to pay the debt. Can ‘B’recover the money from ‘A’? 28. ‘A’ is the owner of a building. He is dispossessed of his property by ‘B’ using force. What is the remedy available to ‘A’ under the Specific Relief Act ? Discuss. 29. ‘A’ sent a parcel by rail. The parcel contained crackers for sale in Dipavali season. The railway was negligent and delivered the parcel too late for the season.’A’ sues for loss of profits. Decide. 30. ‘A’ uses a telephone and purchases goods on credit from ‘B’ who supplied under a mistaken belief that he was contracting with a man of credit. ‘A’ resells the goods to ‘C’ who is a bonafide purchaser for value. Can ‘B’ recover the goods from ‘C’ ? Decide.