Karnataka State Law (KSLU) University Model Question Papers for LLB First Semester – Contract Law I

Karnataka State Law (KSLU) University Previous Years Model Question Papers for LLB First Semester – Contract Law I

UNIT I: Contract Law Model Question Papers

ESSAY QUESTIONS

  • “All contracts are agreements but all agreements are not contracts”. Comment [Jan 2010]
  • Explain Consideration with reference to leading cases. State the differences between Indian and English law. [Jan 2010]
  • Explain “proposal” and state the circumstances under which it lapses. [June 2010]
  • Explain “acceptance” and state the rules as to revocation of proposal and acceptance. [June 2010]
  • Define offer. Explain the rules relating to valid offer. [Jan 2011]
  • “An agreement without consideration is void”. Discuss. [Jan 2011]
  • Define contract. Explain the essentials of valid contract. [June 2011]
  • Briefly explain the rules relating to valid acceptance [June 2011]
  • “All contracts are agreements but all agreements are not contracts”. Explain. [Jan 2012]
  • What is meant by ‘consideration’? Explain the essentials of it. [Jan 2012]
  • [Dec 2012] Explain the rules relating to a valid acceptance.
  • [Dec 2012] Define consideration.State the exceptions to the rule that an agreement without consideration is void.

SHORT NOTE QUESTIONS

  • Write a short note on ‘Privity of Contract’ [Jan 2010]
  • Write short note on general and specific offers. [Jan 2010]
  • A goes to the shop of B where articles are exhibited with a price tag. A picks up an article and goes to cash counter to pay for it. Cashier refuses to sell. A wants to sue B for breach of contract. Can he do so? [June 2010]
  • “X” has agreed to sell his golden ring worth Rs. 20,000/- for just Rs. 1,000/- to “Y”. Consent of “X” in this contract is free. Subsequently, “X” wants to set aside the contract on the ground that the consideration is not adequate. Advise “X”. [June 2010]
  • “A” out of natural love and affection promises to give his son “B” Rs.1000 under  a registered document. Is it a valid contract? [Jan 2011]
  • “A” agrees to sell his Luna to his friend for Rs. 4,000/- or Rs.5,000/-. His friend agrees to purchase. Is this agreement contract? [Jan 2011]
  • “A” promises to pay “B” Rs. 1000/-, if “B” beats “C”. “B” beats “C”, But “A” refuses to pay. Can “B” recover? [June 2011]
  • In a self service departmental store a customer picks up the articles and takes it to cash counter. Cashier refuses to sell. Has the customer any right against the owner of the shop? [June 2011]
  • “A” in Mumbai rings up “B” of Bangalore offering to sell a car for Rs. 50,000/-. “B” says that he accepts the offer but at that time due to technical defect in the telephone line, “A” does not hear B’s acceptance. Can “B” enforce this contract? Give reasons. [Jan 2012]
  • “A” sold his car worth Rs. 10,000/- for Rs. 5000/- to “B”. Can this agreement be questioned and if so, on what grounds? [Jan 2012]
  • [Dec 2012] ‘A’ issued a pamphlet to pay Rs.5,000/- to any one Who brings to him his missing son,’B’ traces the boy and brings him to A.Can B claim the reward?
  • [Dec 2012] ‘A’ promises to pay B Rs.1,000/-if ‘B’ beats ‘C’.’B’ beats ‘C’ but ‘A’ refuses to pay.Can ‘B’ recover?

UNIT II: Contract Law Model Question Papers

ESSAY QUESTIONS

  • Who are competent to contract? What is the legal position of agreements made by an incompetent person in India and England? [Jan 2010]
  • Define consent. Discuss when consent is said to be free. [Jan 2010]
  • State the effects of minor’s agreement. [June 2010]
  • Explain “undue influence” and state the effects of the same on contract. [June 2010]
  • “Certain persons are incompetent to contract”. Discuss. [Jan 2011]
  • Discuss the doctrine of public policy. [Jan 2011]
  • Define coercion. How does it differ from undue influence? [June 2011]
  • Discuss in brief the agreements declared void in the Indian Contract act. [June 2011]
  • Who are competent to contract? Explain the principles laid down in the case of Mohori Bibee v/s D. Ghose. [Jan 2012]
  • Define “Free consent”. What are the elements of fraud? Cite leading cases. [Jan 2012]
  • [Dec 2012] What is capacity to contract? Briefly explain its various aspects.
  • [Dec 2012] Define undue influence.Point out the distinction between coercion and undue influence.

SHORT NOTE QUESTIONS

  • Raju, a shopkeeper, supplied the wife and children of Ramu, a lunatic with necessaries suitable to their condition in life. Raju intends to recover price of the goods from Ramu. Advise him. [Jan 2010]
  • A, a teacher, purchased a brand new car from B, who is his student, for Rs.1000/- though the actual value is Rs. 10 lakh. Now, B wants to rescind the contract and get back the car. Decide. [Jan 2010]
  • Ravikumar pays Rs. 50,000/- to Sangeetha, a married woman on a condition that she should obtain a divorce from her husband with the help of that money and should marry him after obtaining the divorce. Sangeetha agrees for conditions and takes the money. Sangeetha obatins divorce from her husband but refuses to marry Ravikumar. Ravikumar files a suit to recover the amount he has paid. Decide. [June 2010]
  • A and B entered into an agreement whereby A should pay Rs. 10,000 to B if it rains on a specified day, otherwise B should pay Rs. 10,000/- to A. It rains on that specified day. Can B recover the amount in a court of law? [June 2010]
  • “A” a minor has lent Rs. 1,000/- against the promissory note executed in his favor. Is borrower liable? [Jan 2011]
  • “A” while his wife “B” is alive promised to marry “C” in the event of B’s death. Subsequently, “B” died. But “A” refuses to marry, “C”. Advise “C”. [Jan 2011]
  • “A” tells his wife that he would commit suicide if she did not transfer her personal assets to him. She does so under threat. Can wife avoid this contract? [June 2011]
  • Write a short note on misrepresentation. [June 2011]
  • “A” applied to a banker for a loan at a time when there was stringency in the money market. The banker declined to lend the loan except at an unsualy high rate of interest. “A” accepted the loan on these terms. Whether the contract is vitiated by undue influence. Decide. [Jan 2012]
  • “A” a minor, falsely represents to “B” that he is a major and purchases some goods on credit. “B” files a suit to recover the price from “A”. Decide. [Jan 2012]
  • [Dec 2012] ‘K’ a minor falsely represents to ‘B’ that he is major person and purchases some luxury goods on credit.’B’ sues for recovery of the price.Decide.
  • [Dec 2012] Anand is a spiritual advisor.’B’ an old Hindu man.Anand advises B to gift away the Whole of his property,With a view to secure benefits to his soul in the next world.’B’ makes gift of his property to Anand.Discuss the validity of gift.

UNIT III: Contract Law Model Question Papers

ESSAY QUESTIONS

  • Discuss the theory of frustration with the help of decided cases. [Jan 2010]
  • What do you mean by ‘Anticipatory Breach of Contract’? What are the effects and remedies available to the parties to the contract? [Jan 2010]
  • Explain different modes of discharge of contract. [June 2010]
  • What is “Anticipatory breach of contract”. State the consequences of same. [June 2010]
  • Explain the doctrine of frustration with reference to decided cases. [Jan 2011]
  • Define breach of contract. Discuss kinds of breach of contract. [Jan 2011]
  • State the rules relating to appropriation of payments between debtor and creditor. [June 2011]
  • State briefly the various ways of discharge of contract. [June 2011]
  • Explain the doctrine of “frustration” with reference of decided cases. [Jan 2012]
  • What is meant by “Anticipatory breach of contract”. Explain the consequences of such breach. [Jan 2012]
  • [Dec 2012] Explain the rules relating to appropriation of payment between debtor and creditor.
  • [Dec 2012] what is anticipatory breach of contract? How does it differs from actual breach?

SHORT NOTE QUESTIONS

  •  Hubli-Dharwad Municipal Corporation (H.D.M.C) leased out certain autorikshaw stands to X for Rs. 50,000/- But no autorikshaw owner came forward to use the stand through out the leased period and X did not realize anything. X, intends to get back his Rs.50,000/- from H.D.M.C. Advise. [Jan 2010]
  • Ramesh has agreed to sell his Motor car to Suresh for rupees two lakhs. However, the Motor car was destroyed by fire before Ramesh could sell the car to Suresh. Suresh files a suit against Ramesh for breach of contract. Decide. [Jan 2010]
  • “X” has agreed to exhibit the film of “Y” in his cinema theatre. Due to unprecedented heavy rain two wals of the cinema theatre collapsed. Licence of theatre was suspended and hence “X” failed to exhibit the film of  “Y”. “Y” files a suit against “X” for breach of conrtact. Decide. [June 2010]
  • Mahesh has agreed to deliver the goods to Umesh for certain price on 25-12-2009 without fail. Time is essence of the contract. Mahesh fails to deliver the goods on 25-12-2009. Umesh rescinds the contract and files a suit to claim damages. Decide. [June 2010]
  • A musical hall was agreed to be let out on certain day. But before that, it was destroyed by fire. Is the promisor absolved from the contract. [Jan 2011]
  • “A”, “B” and “C” jointly promises to pay Rs.30,000/- to “D”. “B” becomes insolvent. Discuss the liability of “A”, “B” and “C”. [Jan 2011]
  • The unloading of ship was delayed beyond the date agreed with the ship owners, owing to a strike of dock labourers. On a suit by the ship owners for damages the plea of impossibility of performance was raised. Advise the ship owners. [June 2011]
  • P, Q, and R jointly promise to pay Z  Rs. 3,000/-. P and Q are not traceable. Can “Z” compel “R” to pay him in full. [June 2011]
  • “X” agreed to sell 100 bags of Paddy which he may grow on his land to “Y”. Due to severe attack of pests, “X” grows only 50 bags of Paddy. Explain the rights and duties of “X” and “Y”, under the circumstances. [Jan 2012]
  • Anand agreed to hire Vinayak’s rooms in Mysore for the purpose of seeing the “Dasara Procession” on 14th and 15th October. Due to the earthquake, no dasara procession took place on those days. Now Vinayaka intends to recover the agreed rent. Advise him. [Jan 2012]
  • [Dec 2012] Time and place of performance of contract.
  • [Dec 2012] Doctrine of frustration.

UNIT IV: Contract Law Model Question Papers

ESSAY QUESTIONS

  • Discuss the remedies available for breach of contract. [Jan 2010]
  • Explain the terms ‘Penalty’ and ‘Liquidated damages’. Whether the court has power to increase or decrease the amount fixed by the parties? [Jan 2010]
  • Discuss General and Specific damages with the help of decided cases. [June 2010]
  • Explain the different remedies for breach of contracts. [June 2010]
  • “Damages are compensatory and not penal”. Elucidate. [Jan 2011]
  • Explain the principle of “Remoteness of damages”, with special reference to Hadley Vs. Baxandale case. [Jan 2011]
  • What is meant by quasi-contract? Explain different kinds of quasi-contracts? [June 2011]
  • Briefly explain the principles relating to measuring of damages in case of breach of contract. [June 2011]
  • What is Hadley vs Baxandale rule? How for it is applicable in India? Distinguish between general damages and special damages? [Jan 2012]
  • Explain the law relating to devolution of joint rights and liabilities under the Act. [Jan 2012]
  • [Dec 2012] Explain the relations resembling those created by contract and refer to relevant provisions in the Indian Contract Act.
  • [Dec 2012] Explain the principle of remoteness of damages with special reference to Hadley Vs Baxendale case.

SHORT NOTE QUESTIONS

  •  A contracts to pay a sum of money to B on a specified day. A does not pay the amount on that day, as a consequences of non-payment. B is totally ruined. Advise remedies available to B. [Jan 2010]
  • Ram has ordered sweets from sweet mart owner, however, the servant of sweet mart owner gives the packet containing sweets by mistake to ‘Gopal’. ‘Gopal’ eats those sweets with his wife and children. Sweet mart owner files a suit against ‘Gopal’ to recover the price. Decide. [Jan 2010]
  • Write a short note on Nominal damages. [June 2010]
  • Quasi-contract. [June 2010]
  • “X” a dealer in fruits leaves a packet containing fruits at “Y” ‘s house by mistake. “Y” consumes those fruits. Can “X” recover money? [Jan 2011]
  • A mate was engaged for lumpsum to be paid after the completion of voyage. The mate dies when only 2/3rd of voyage was complete. His legal representative claim damages on quantum merit basis. Decide. [Jan 2011]
  • Exemplary damages [June 2011]
  • Quantum Merit [June 2011]
  • Write a short note on Time for performance. [Jan 2012]
  • Assignment of contract. [Jan 2012]
  • [Dec 2012] ‘X’ a dealer in fruits leaves a packet containing fruits at ‘y’ s house by mistake.’Y’ consumes those fruits. Can ‘X’ recover money?
  • [Dec 2012] Quantum merit.

UNIT V: Contract Law Model Question Papers

ESSAY QUESTIONS

  • Explain the provision of recovery of movable and immovable property. [Jan 2010]
  • What is specific performance? When contracts are specifically enforceable? [Jan 2010]
  • Who may claim specific performance of contract? [June 2010]
  • Explain the circumstances of granting perpetual injunction. [June 2010]
  • “Specific relief is a judicial discretionary remedy”. Comment. [Jan 2011]
  • Who may obtain specific performance of contract under the Specific Relief Act ? [Jan 2011]
  • Briefly explain the contracts which cannot be specifically enforced. [June 2011]
  • What are the principles the court should consider while granting temporary injunction? [June 2011]
  • What contracts can be specifically enforced under the Act. [Jan 2012]
  • Explain the provisions relating to cancellation of Instruments. [Jan 2012]
  • [Dec 2012] What is meant by specific performance? Who can claim it?
  • [Dec 2012] What are the cases in which the court can grant perpetual injunction?

SHORT NOTE QUESTIONS

  • Write a note on Government contracts. [Jan 2010]
  • Write a note on declaratory decree. [Jan 2010]
  • Short note on Temporary Injunction. [June 2010]
  • Mandatory Injunction. [June 2010]
  • What is Injunction? [Jan 2011]
  • Rectification of instruments. [Jan 2011]
  • Rectification of instruments. [June 2011]
  • Permanent Injunction. [June 2011]
  • Short note on Specific Relief. [Jan 2012]
  • Rescission of Contract. [Jan 2012]
  • [Dec 2012] Temporary injunction.
  • [Dec 2012] Rectification of instruments.

Contract Law – Unit V – Revision Study Notes for LL.B First Year

Study Notes on Contract Law – UNIT V

Nature of Specific Relief

Recovery of Possession of movable and immovable Property

Specific performance when granted and not granted

Who may obtain and against whom

Discretionary remedy

Power of Court to grant relief

Rectification of instruments

Cancellation

Declaratory decrees

Preventive relief

Temporary injunctions

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Contract Law – Unit II – Revision Study Notes for LL.B First Year

UNIT – II

Capacity to Contract

 Minor

Age of majority

Nature of minor’s agreement

Effects of minor’s agreement

  1. No Estoppel against minor
  2. No liability in contract or in tort arising out of contract
  3. Doctrine of Restitution
    1. Minor seeking relief, compellable to restore
    2. Amended provisions in Specific Relief Act, 1963

Beneficial contracts

  • Contracts of marriage
  • Marriage of Muslim minor girl
  • Contracts of Apprenticeship
  • Trade contracts not included in beneficial contracts
  • Option to retire from beneficial contracts on majority

Ratification

Liability for necessaries [S. 68]

  • Meaning of “Necessaries”
  • Nature of Liability

Persons of Unsound Mind

  • English Law
  • Position in India

Free Consent

Definition of Free Consent [S. 14]

  •  Vitiating factors and their effect

Coercion

Definitions [S. 15]

Techniques of causing coercion

Acts forbidden by IPC

Detention of property

Comparison with English law

Under Influence

Definition [S. 16]

Ability to dominate with of other

  • Consent under pressure
  • Subtle species of fraud

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Class Notes on Contract Law – Unit I (1st Sem / 3 year LL.B)

Contract Law – I – Revision Study Notes for LL.B First Year

UNIT – I

Introduction to the Indian Contract Act, 1872

A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce.”

Section 2(h) of Indian Contract Act, 1872 defines contract as “An agreement enforceable by law”. Thus, formation of a contract there must be an agreement, and the agreement should be enforceable by law.

The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default.

Enforceability of Contracts

  • Void Contracts: A ‘void contract’ is one where the whole transaction is regarded as a nullity. It means that at no time has there been a contract between the parties. Any goods or money obtained under the agreement must be returned. Where items have been resold to a third party, they may be recovered by the original owner.
  • Voidable Contracts: A contract which is voidable operates in every respect as a valid contract unless and until one of the parties takes steps to avoid it. Anything obtained under the contract must be returned, in so far as this is possible. If goods have been resold before the contract was avoided, the original owner will not be able to reclaim them.
  • Unenforceable Contracts: An unenforceable contract is a valid contract but it cannot be enforced in the courts if one of the parties refused to carry out its terms. Items received under the contract cannot generally be reclaimed.

Agreement, Contract and Proposal

Agreement definition [SECTION 2(e)]

Agreement is defined as “every promise and every set of promises forming the consideration for each other”. And a promise is defined as an accepted proposal.

What agreements are contracts  [ SECTION 10 ]

All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

Agreement becomes a contract if below conditions are met:

  1. There is some consideration
  2. The parties are competent to contract
  3. Their consent is free
  4. Their object is lawful

Proposal or Offer

Proposal definition  [SECTION 2(a)]

When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

Proposal terminology  [SECTION 2(c)]

The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”

Communication of Proposal

Communication, acceptance and revocation of proposals [SECTION 3]

The communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking, by which he intends to communicate such proposal, acceptance or revocation, or which has the effect of communicating it.
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