(3 hours) (100 marks)
Note: Answer all questions.
1. Answer in one or two sentences.
(a) What is an ‘Agreement’ as defined under Indian Contract Act ?
(b) What is ‘Coercion’ as defined under Indian Contract Act ?
(c) What is a ‘Voidable agreement’ ?
(d) Under what circumstances does ‘silence’ amounts to fraud ?
(e) What are the various ways of revocation of proposal ?
(f) What is the obligation of a person who has received any advantages under a
contract, which becomes void ?
(g) What are the obligations of a person enjoying the benefit of non-gratuitions
(h) What is discretionary power of the Court under Section 20 of Specific Relief Act ?
(i) What is ‘mandatory injunction’ ?
(j) What is the limitation period for filing suit under Section 6 of Specific Relief
2. Write short notes on (any four)
(a) Government Contracts
(b) Past Consideration
(c) Agreement by way of wager
(d) Clayton’s Rules
(e) Declaratory decree
(f) Personal bars to relief under Specific Relief Act
3. Answer the following giving reasons (any two)
(a) A agreed to purchase a horse from B and further agreed to pay 1,000 rupees over and above the agreed price to B if the horse proves to be lucky to him. Thereafter A refused to buy the horse and B filed suit against A for breach of contract.
(i) Will B succeed in the above case ?
(ii) What is the effect of an agreement, the meaning of which is not certain ?
(b) A was directed by the court to furnish the survey of Rs 15,000/- under Criminal Procedure Code. A gave the said amount to B and persuaded to him to become surety. After expiry of the period of surety the amount was reimbursed to B. A asked to return teh said amount, however B refused to do so
(i) What is a lawful consideration ?
(ii) Will A succeed in the above case ?
(c) A sells a field to B. There is right of passage over the field of which A has direct personal knowledge but he conceals this fact from B when asked.
(i) What is rescission of contract ?
(ii) Can B get the contract rescinded ?
4. Answer the following (any four)
(a) What is the consideration to a contract ? What is the effect on the validity of a contract, where the consideration is absent, inadequate and partly unlawful ?
(b) What is “Contingent” contract ? Discuss the law relating to enforcement of contingent contracts.
(c) Discuss the doctrine of frustration of contract with the help of decided cases.
(d) What is breach of contract ? Discuss the principles on which the Court awards damages for breach of contract.
(e) Discuss the law relating to cancellation of instruments under Specific Relief Act ?
(f) What are the different types of injunctions under Specific Relief Act ? When can perpetual injunction be granted ?