|Long Questions & Answers|
1. Define a Contract. What are the essentials of a valid Contract?Or When does an agreement become a contract ? Or What is an agreement ? What are its essentials ? Or “All contracts are agreements, but all agreements are not contracts.”
Q. 2. Define the following :
6. Illegal agreement
7. Voidable Contract.
8. Void Agreement.
Q.3. Define “Proposal” and “Acceptance” and explain their essentials. Also describe the different rules regarding the “Proposal” and Acceptance under the Indian Law of Contract.
Write a detailed note on Offer, General Offer and Acceptance
Q. 4(a). Explain and illustrate when proposal and acceptance can be revoked. Mention the various modes of revoking a proposal.
Discuss the modes for revocation of proposal and acceptance as contained in Indian Contract Act, 1872.
Q. 4(b). “Acceptance is to offer what a lighted match is to a train of gunpowder.” Discuss.
Once the acceptance of a proposal is complete against the proposer it cannot be recalled. Explain.
Q. 5. Distinguish between the following :
1. Void agreement and Voidable Contract.
2. Void Agreement and Illegal Agreement.
3. Agreement and Contract.
4. Void Agreement and Void Contract.
5. Executed and Executory Contract.
6. Offer and an Invitation of Offer.
6(a). Who are competent to make a contract?
What do you understand by the competency to enter into a contract? Who are competent to form a contract under the Indian Contract Act.
Q. 6 (b) Discuss the contractual liabilities of a minor under the Indian Contract Act. 1872.
Minor’s are incapable of entering in to a valid contract.” Discuss.
Discuss, the nature of minor’s agreement and its legal effects.
“No person is competent to contract who is not of the age of majority. Comment and discuss the law relating to minor’s contract under the Indian Contract Act. 1872.
Discuss. the law relating to minor, contract with the help of the decided cases and relevant provision under the Indian Contract,’ Act, 1872,
Q.7 What is coersion? Explain its effect on contract and distinguish between coersion and duress.
What do you understand by term Coercion? Whether threat to commit suicide is coercion? Explain,
Q.8. Define undue influence. Who may apply to set aside the contract induced by undue influence?
Define undue influence and briefly explain the circumstances in which a consent to a contract is said to be induced by undue influence. Differentiate between coercion and undue influence.
Q.9. What is ‘fraud’? What are its essential ingredients? Does silence amount to fraud? Discuss.
Discuss the elements of ‘fraud’ and explain that mere silence does not amount to fraud.
Q.10. Define ‘Misrepresentation.’ What are its essential’ ingredients? Examine. Or What is ‘Misrepresentation”? What are its effects on contract? Discuss.
Q. 11. What is mistake of fact and mistake of law ? What is the effect of mistake of fact and mistake of law on the contract ?
Q.12. What kinds of considerations and objects are not lawful ? Discuss with suitable illustrations and case law.
What is Public Policy ? What agreements are against Public Policy?
Write short notes on the Maintenance and Champerty Contracts.
Q.13. (a) Define Consideration and explain its importance in the formation of contract. Consideration ought to be past, present or future. Discuss fully.
Analyse and explain the meaning, nature and importance of consideration with the help of two illustrations, also explain executory executed and past consideration.
Define and discuss the term “consideration” under Indian law. What is the difference between English and Indian law in this respect ?
(b) Define Consideration and state the exceptions to the rule that “an agreement made without consideration is void.”
What are those circumstances in which consideration is not essential to the validity of the Contract ?
Q.14. What is Anticipatory Breach of Contract ?
Q. 15. What do you understand by consent?- It is necessary that the parties should be ad idem for a valid contract? When is a consent said to be not free? Discuss.
Q. 16(a). “Agreement in restraint of marriage is void.” Discuss. What are marriage brokerage contracts? How far are they valid and enforceable?
Q. 16(b). “Agreements in restraint of trade are void”. Discuss and give both English and Indian position in this regard.
Q.16(c). Define wagering contract. Is wagering contract void or illegal? Is Horse-racing a wager? Discuss in the light of judgment of the Supreme Court on the point.
What do you understand by Wagering contract? Discuss, the legality of such contract.
“Agreements by way of Wager are void.” Explain.
Q. 17. What is a Contingent contract? How such contracts differ from Wagering contracts? Or What do you understand by Contingent contracts? Describe their provisions and discuss various rules regarding their enforceability.
Q. 18. Discuss the modes of performance of Contract.
Explain what is the effect of failure to perform the contract within the stipulated time.
“Time is the essence of contract-. What are the rules as to time, place and manner of theperformance of the contract ?. Explain.
Q.19. What is “Quasi-Contract” ? Explain with illustrations.
Explain the Quasi-Contract Theory. Describe briefly, the cases where this theory has been recognised under the provisions of Indian Contract Act.
Q. 20(a). State various remedies available to the aggrieved party for a brech of contract.
What remedies are open to the aggrieved party in a case of breach of contract? Discuss.
Q. 20(b). Discuss the principles for the determination of damages due on account of breach of contract?
Discuss the rules for_determining the breach of contract?
Q.20(c). Explain and illustrate variou be discharged.
Discuss briefly the various modes of discharge of contracts?
Q. 20(d). Distinguish between the following
Q.20(e). Write short notes on the following-
2. Free Consent,
4. Undue influence .