PAPER 4. LAW OF CONTRACT A CONTRACT ACT

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-A)

13. PERFORMANCE OF CONTRACT

Q. What is performance of contract? Discuss rules regarding time & place of performance. (2008-S 2006-A 2005-S, A)

Q. Discuss the law governing the performance of a contract where there are joint promisors. (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. (2005-S)

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?

C) PARTNERSHIP ACT

1. MINOR AS PARTNER

Q. Can a minor become a partner in a firm? Discuss the rights & liabilities of a minor admitted to the benefit of a partnership. (2007-A)

2. RIGHTS & DUTIES OF PARTNERS

Q. What are the rights and duties of the partners to one another in their mutual relationship as partners of a firm? (2007-A)

3. ESSENTIALS OF PARTNERSHIP

Q. What is partnership? Discuss its essential elements? Discuss in detail. (2009-A 2008-S )

Q. What is partnership? Discuss its essentials & how it differs from a company. (2005-S, A)

4. MODES OF DISSOLUTION OF PARTNERSHIP

Q. Explain the different modes of dissolution of partnership. (2009-A 2007-S 2005-S)

Q. Discuss fully the grounds on which the court may dissolve partnership firm at the suit of a partner.

5. IMPLIED AUTHORITY OF PARTNER

Q. What do you mean by implied authority of partner? Discuss liability of firm for partner’s act. Explain and state limitations on the exercise of his authority, if any. (2008-S 2007-S 2006-A)

6. RIGHTS & OBLIGATION AFTER DISSOLUTION

Q. Explain rights & obligations of partners after dissolution. (2008-A 2006-A)

7. REGISTRATION OF FIRM

Q. What is registration of firm? Discuss its advantages. Is there any effect of non-registration of firm? If so explain? What are the contents of the application for registration of a firm? (2008-A 2005-A)

8. HOLDING OUT

Q. Explain the doctrine of “Holding Out’. Is the estate of a deceased partner liable for the acts of firm done after the death?

Q. Can an outgoing partner carry on business competing with that of the firm? What restrictions are placed on him by the Partnership Act?

9. GOOD WILL

Q. Explain what is meant by good will? Discuss the provisions under Partnership Act regarding the sale of Good will on the dissolution of the firm & its effect on the rights of the parties.