Law of Contract Mains Questions Series Part-X: Important Questions for Judiciary, APO & University Exams | Part - X of X

Legal Bites brings to you Law of Contract Mains Questions Series Part-X. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.

Law of Contract Mains Questions Series Part-X

We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer reflects not only the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.

Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.

Law of Contract Mains Questions Series Part-X of X

Question 1

1. What do you mean by sub-agent? When can a sub-agent be employed? Illustrate your answer.
2. A directs B his Solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C an Auctioneer to conduct the sale. Is C a sub-agent? [BJS 1987]

Question 2

The defendant was in possession of the plaintiff’s estates, as agent and manager, at a salary under a power-of-attorney. In addition to the consideration of his services as agent and manager, which were mentioned in power-of-attorney, the defendant had given further consideration for the granting of power-of-attorney to him in the shape of personal guarantee- to a- mortgagee of the estates, that he would pay the mortgage debt on the day fixed for redemption.

This further consideration was not mentioned in the power-of-attorney. But the defendant urged that the giving of the guarantee, gave him an authority coupled with an interest and that therefore, the power-of-attorney was irrevocable. Is the power-of-attorney irrevocable? Decide. [Punjab JS 1998]

Question 3

Discuss the rights and liabilities of an undisclosed principal of an agent and the third party to the contract, in case of such undisclosed principal. [HJS 1996]

Case Law/Miscellaneous

Question 4

When can it be said that in a contract one party is able to dominate the will of another party? Discuss with suitable examples. [Punjab JS 2019]

Question 5

“A”, the seller and “B”, the buyer entered into a contract for the supply of goods. The goods were to be dispatched by the seller from Kanpur to Patna by road. “A”, sent the goods through a transport company and got the receipt drawn in his own name. The freight and the insurance were to be paid by the buyer. The goods were to be delivered to “B” at Patna through the seller’s bank against payment.

The truck, which was carrying the sold goods met with an accident on its way to Patna and the goods were destroyed. “A”, the seller asks “B”, the buyer to pay for the sold goods. The buyer has denied his liability. Find out who will bear the risk of lost goods. [DJS 2019]

Question 6

“A”, is the buyer of rice under a ‘cost, insurance and freight’ (C.I.F.) contract. Immediately after taking the delivery of the goods, he sold a part of rice and dispatched the same to sub-buyer. Later on, “A” came to know that the quality of purchased rice was not in accordance with the contract and wants to reject the same. Is “A” entitled for any relief under the law? Give reasons. [DJS 2019]

Question 7

“Undue influence is said to be a subtle species of fraud whereby mastery is obtained over the mind of the victim by insidious approaches and seductive artifices.” Explain. [BJS 2018]

Question 8

‘Privity of contract’ is no longer a rule but only an exception.” Explain in the context of a modern transaction. [BJS 2018]

Question 9

“Since the notification is for the benefit of the offer and he may expressly or impliedly waive this requirement and agree that an uncommunicated acceptance will suffice”. Explain the above statement. Give leading cases in support of your answer. [BJS 1984]

Question 10

A promised B to subscribe a sum of money for the construction of ‘Town Hall’. Can B compel A to perform his promise? Decide with the help of a decided case. [BJS 2014]

Question 11

Restitution stops, where repayment begins. ‘Discuss the above statement in the light of decided cases. [HJS 2001]

Question 12

What is meant by ‘concluded contract’? Can the rule of ‘promissory estoppel’ apply to a concluded, contract? [HJS 2007]

Question 13

Comment: A stranger to consideration, as well as a stranger to a contract, cannot sue. [RJS 1971]

Question 14

Discuss the principles of law laid down in Hadley v. Baxendale and examine the extent of their application in India. [RJS 1971]

Question 15

What is the view of Rajasthan High Court on the question whether an insurer is liable to indemnify the owner of the goods when he received a bodily injury while accompanying the goods in a goods vehicle which he hires from the owner of the vehicle? [RJS 1986]

Law of Contract; Notes, Case Laws And Study Material

Question 16

Defendant offered to sell a house on 25.11.1989 to the plaintiff for Rs. 90,000. On 10.12.1989, the plaintiff made an offer of Rs. 80,000. This offer was refused by Defendant-owner on 15.12.1989. On 20.12.1989, the plaintiff wrote to the Defendant that he was now prepared to pay Rs. 90,000/-. The defendant-owner refused to sell the house. The plaintiff filed a suit against the defendant for Breach of Contract. How would you decide? Your reasons. [DJS 1991]

Question 17

Mention the circumstances under which the consideration becomes unlawful. [MPJS 2003]

Question 18

Solve the following problem:

Being fed up with each other’s quarrelling nature, both husband and wife entered into an agreement in which wife agree to live separately from her husband permanently and the husband agrees to pay her a monthly maintenance allowance of Rs. 1000/-. After six months the husband refuses to pay the allowance. Can wife enforce the agreement against her husband in a court of law? [UPJS 2003]

Question 19

“A contract cannot be enforced by a person who is not a party to it even though it is made for his benefit.” Point out also the exceptions to this rule. Discuss and refer to decide cases. [UPJS 2013]

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Law of Contract; Notes, Case Laws And Study Material