PAPER 4. LAW OF CONTRACT
A) CONTRACT ACT
1. PROPOSAL
Q. Define Proposal. How
is it revoked? (2007-S) Q. Define proposal. How does it become a promise
enforceable as a contract? (2002-S) Q. Define Proposal and Acceptance. What are
the rules relating to their communication? (2009-A) Q. Define proposal, discuss
its essential elements? (2008-A) Q. When the communication of a proposal,
acceptance & revocation does become complete? (2002-A 2001-S) Q. What is
offer? When it is valid? Discuss the rules relating with communication of an
offer. (2005-A) Q. What do you mean by revocation of proposal & acceptance?
How revocation is made & what is its effect on validity of contract.
(2006-A)
2. AGREEMENT
Q. What is the
difference between voidable and void agreements? Give your answer stating
examples. (2007-A)
Q. Define the term
‘Agreement’ & distinguish between Agreement & Contract. Q. What are the
essentials of a valid contract? Discuss them briefly. (2007-A 2003-A) Q. What
are the agreements which have been expressly been declared void? (2007-S)
Q. An agreement
enforceable by law is called contract. Discuss it with reference to the rules
relating to validity of a contract. (2008-S) Q. Define term void & voidable
agreement; explain the circumstances under which a contract becomes void &
voidable? (2008-A)
3. FREE CONSENT
Q. Define and
distinguish between coercion and undue influence. (2008-S) Q. Explain mistake
of fact and mistake of law. Do they have the same legal effect on a Contract?
(2007-S) Q. What is the difference between fraud and misrepresentation? Explain
giving examples. (2007-A)
Q. Discuss ‘Free
Consent’ & discuss the legal effects flowing from agreements made without
free consent. (2005-A 2004-A) Q. What do u understand by free consent Discuss
the effect of mistake on contract? (2008-A)
Q. Define Fraud. When is
the suggestion of a fact not fraud but misrepresentation? Give examples.
(2002-S)
Q. Define & explain
briefly Coercion, Undue Influence, and Fraud & Misrepresentation. (2002-A)
4. CONSIDERATION
Q. Define the term
consideration and discuss its essential elements? (2008-S) Q. What is
consideration? When is consideration or object of an agreement unlawful?
(2003-A) State the exception to the rule that an agreement made without
consideration is void. (2008-A 2007-S 2005-S 2002-S, A 2001-S)
5. CLASSES OF CONTRACT
Q. Define & give
examples of the following classes of contract. a) Void b) Void able c)
Unenforceable. (2002-A)
6. INDEMNITY &
GUARANTEE
Q. What is a contract of
guarantee? Distinguish it from contract of indemnity. (2007-A)
Q. Define the Contract
of Indemnity & what are the rights of an indemnity holder? Distinguish
between a contract of indemnity & a contract of guarantee. (2004-A 2002-S,
A)
Q. Define the term contract
of Guarantee and discuss the circumstances under which a contract of guarantee
is said to be discharged? (2008-S)
Q. What is continuing
guarantee? When and how may a continuing guarantee be revoked? How surety can
be discharged from his liabilities in a contract of guarantee? (2008-A 2005-S
2003-A)
Q. Enumerate the rights
of a surety as against Principal, debtor, creditor & against co-sureties.
(2005-S)
7. CONTINGENT CONTRACT
Q. Explain the
difference between a wagering agreement and a contingent contract. (2007-S) Q.
Define contingent contracts. Explain the rules which govern the enforcement of
these contracts. (2007-A 2006-A)
8. DISCHARGE OF CONTRACT
Q. What do you mean by
discharge of a contract? Discuss the circumstances under which a contract is said
to be discharged. (2008-S) Q. Describe the various modes in which a contract
may be discharged? (2004-A 2002-S)
9. QUASI CONTRACT
Q. What are the
situations where the law, requires a person to perform an obligation similar to
contracted obligation although he has not entered into any contractual
relationship. (2007-S 2006-A 2005-A 2004-A 2002-S) Q. Define term quasi
contract discuss circumstances under which such contract comes into existence?
(2008-A)
10. BREACH OF CONTRACT
Q. State the rules
governing determination of damages for breach of contract. (2007-A) Q. What are
the remedies for breach of contract? (2009-A 2008-A 2007-S 2003-A)
11. BAILMENT
Q. What are the
essential features of bailment? State the duties of the bailee. (2007-S) Q.
What is bailment? What are the duties & liabilities of a bailor towards the
bailee? (2002-A) Q. Discuss the duties & rights of ‘Bailee’ in the contract
of bailment? (2009-A 2008-A 2006-A 2005-S)
12. AGENCY
Q. How agency is
constituted & terminated? (2009-A 2007-S A 2005-S 2002-S) Q. What is agency
& what are the duties of an agent to his principal & vice versa?
(2002-A) Q. What do you understand by an act of ratification? What conditions
have to be fulfilled for a valid ratification? (2007-S 2004-A) Q. Explain what
is agency. When an agent is responsible for the act done on behalf of his
principal? (2005-S 2003-
13. PERFORMANCE OF
CONTRACTQ.
What is performance of
contract? Discuss rules regarding time & place of performance. (2008-S
2006-A 2005-S, Q. Discuss the law governing
the performance of a contract where there are joint promises. (2007-S)
14. COMPETENCY TO
CONTRACT
Q. What is the legal
status of a contract entered into by a minor? Is it enforceable by law? If so
under what circumstances? (2008-S 2007-S 2003-A 2001-S)Q. Who are competent to
contract? (2006-A)
15. OBJECT OF CONTRACT
Q. When the object of a
contract is unlawful? (2005-S 2003-A 2002-A)
16. CONTRACT OF PLEDGE
Q. Discuss the
circumstances under which a pledge made by non-owner becomes valid. (2008-S) Q.
Can a valid pledge be made by mercantile agent? If so, explain fully. (2007-A)
B) SALE OF GOODS ACT
1. FIXATION OF PRICE
Q. What is sale? Discuss
its essentials & explain the different modes of fixation of price in a
contract of sale. (2005S
2. SALE & AGREEMENT
TO SALE
Q. What is the
difference between an agreement to sell and a contract of sale? State the
necessary ingredients for the formation of a contract of sale. (2008-S
2007-A)Q. What is sale & what is an agreement to sale. Explain the
difference between these. (2009-A 2005-A)
3. CONDITION &
WARRANTY
Q. What do you mean by
condition and warranty in a contract of sale? Explain different conditions and
warranties applicable in a contract of sale. (2005-A 2003-A)
Q. Define and state the
difference between a condition and a warranty of a contract. When a condition
may be treated as a warranty? (2007-S) Q. Define & distinguish between
condition & warranty. Explain Implied & express warranties in contract
of sale? (2008-S, A)
4. UNPAID SELLER
Q. Define unpaid seller.
What are his rights against goods under the Sale of Goods Act? (2009-A 2008-A
2004-A 2002-S)
5. CAVEAT EMPTOR
Q. What do you
understand by the rule ‘caveat emptor’? Are there any exceptions to this rule?
(2002-A)
6. BREACH OF CONTRACT
Q. State briefly the
remedies open to a seller and the buyer of goods for breach of contract by the
buyer. (2007-A 2002-A)
7. TRANSFER OF TITLE
Q. How title is
transferred in a contract of sale? (2006-A) Q. “A seller can’t convey a better
title than he himself has”. Are there any exceptions to this rule? (2005-S)
8. DELIVERY
Q. With reference to
performance of contract of sale discuss rule regarding as to delivery. (2007-S
2006-A 2004-A 2003-A)
9. DUTIES & BUYER OF
BUYER & SELLER
Q. What are the duties
of a buyer & a seller of goods under the sale of Goods Act?
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