I.D.
END TERM EXAMINATION, NOVEMBER 2017
B.A.LL.B. (HONS.)
SEMESTER-I
Law of Contract-I
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. Differentiate between 'Void agreement' and 'Void contract'.
b. If the acceptance and its revocation come to the knowledge of the proposer at the same time, which will be effective? Is there anything in the Indian Contract Act, 1872 to substantiate your answer?
c. Which factor/factors in the Indian Contract Act, 1872 negates/negate the requirement of intention to create contract in India?
d. Can a minor ratify his agreement after attaining majority?
e. Why the consequence of consent caused by undue influence is provided under section 19-A of the Indian Contract Act, 1872, whereas the consequences of coercion, fraud and misrepresentation are provided under section 19?
f. How can you correlate inadequacy of consideration with undue influence?
g. Who said that the public policy is an unruly horse, and why?
h. Give an illustration of anticipatory breach of a contingent contract.
i. Two co-widows mutually agree that one who will remarry, lose the right in deceased husband's estate. Examine the nature of this agreement.
j. Under the common law principle, when the special damages can be recovered? Give one illustration.
2. Discuss the law relating to communication of acceptance by instantaneous modes of communication. Examine whether the same law also applies to e-contract in India? (Marks 06)
A made an offer from Raipur by telephone to B at New Delhi to purchase a software and it was duly accepted. State whether the conversation resulted in a contract at Raipur or at New Delhi. (Marks 04)
3. (a)Discuss the doctrine of restitution in relation to a minor's agreement. Can it be applied to money in India? (Marks 06)
Why the money lender in the case of Mohori Bibee v. Dharmodas Ghose could not be benefited from sections 64 and 65 of the Indian Contract Act, 1872 and section 41 of the Specific Relief Act, 1877 (section 33 of 1963)? (Marks 04)
4. "Although a contract is a private relationship between the parties who make it and the third party generally do not acquire any right nor incur any liability under it, yet under certain circumstances the legitimate exception of the third parties are fulfilled." Elaborate. (Marks 10)
5. (a)While defining undue influence, discuss the circumstances under which a person said to be in a position to dominate the will of the other. (Marks 06)
(b)Differentiate between undue influence and coercion. (Marks 04)
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6. Discuss the circumstances under which an agreement in restraint of trade is valid. (Marks 06)
A agreed to become an assistant for three years to who was a physician practicing at New Delhi. The appointment was subject to the clause against practicing. A left the service within a year and began to practice there on his own account. B sues A to restrain him from practicing. Would succeed? (Marks 04)
7. "The Quasi contracts aim to prevent unjust enrichment." Discuss the statement in the light of relevant case laws and provisions of the Indian Contract Act, 1872. (Marks 06)
order to avoid eviction who is the tenant of paid to Nagar Mahapalika the house tax which was legally payable by B. Thereafter, A sues B to recover the amount of house tax paid by him. B defends himself by saying that he had never agreed to pay this amount to A. Decide. (Marks 04)