(1 Sem.) Regular & Back i oe (LW-1011/ GLC 101/ LAW 101) | AUTUMN END SEMESTER EXAMINATION - 2017 1* Semester SOL (B.A.LL.B, BBA.LL.B & B.SC.LL.B) LAW OF CONTRACT / LAW OF CONTRACT -1 (LW 1011 / GLC 101/ LAW 101) (Regular - 2017 & Back 2009 to 2016 Admitted batches) Time: 3 Hours Full Marks: 50 / 60 Regular candidates and Back Paper candidates of 2014, 2015 and 2016 admitted batch have to answer any five questions including question No. 1 which is compulsory. Other candidates have to answer any six questions including question No. I which is compulsory. Each Question carries 10 marks. The figures in the right hand margin indicate full marks. Candidates are required to give their answers in their own words as far as practicable and all parts of a question should be answered at one place only. 1. Write a short note on the following: [2x5] a) Capacity to contract b) Consideration for the promise c) Voidable Contract d) Consensus ad idem e) Novation of contract 2. a) A enters into a contract with B to deliver timber wood at his [5] residence on 21.09.2017. A loaded the timber woods in a truck in order to fulfill the delivery. When the loaded truck reached the residence of B on 21.09.2017 at 11.55 PM, B refused to accept the timber woods. Advice A as to when his offer to deliver the timber woods will be a valid offer of performance. Substantiate your argument with cases. b) More than mere influence must be established, so as to [5] render influence as ‘undue’ as per the provision of the Indian Contract Act 1872. Elucidate the above statement. a KIIT-U/2017/ SOL / Autumn End Semester Examination - 2017a 6. a) A (an exporter) agreed to purchase coffee from B in India. Thereafter A has stated before B that he intended to export the coffee from India to a foreign country, X. Few days after the contract was entered, exports from India to country, X was prohibited. Thereafter A repudiated the contract. When B filed a suit against A, A contended that the contract was frustrated. Can A succeed with his contention? Justify with the references to cases. b) What are the basic genres of e-contract? a) A proposes by a letter dated 20.09.2017, to sell his shopping mall to B at a price of Rs 80 Lacs. After sending the proposal, A realized that the said shopping mall is subjected to mortgage. Thus A decided to take back his proposal. A, came before you for consultation with respect to revocation of his proposal. Advice A with respect to revocation of his proposal and when the communication of revocation is complete. Substantiate your argument with cases. b) "Acceptance must be absolute.” Do you agree? Justify your answer. Discuss very briefly various types of damages? "Unusual damages are normally not compensable. They become compensable, however, when there is evidence that there was an agreement to deviate from the default rule." Analyse the statements with appropriate case law reference. Differentiate how promissory condition is different from contingent condition? What is the effect of contingent condition on various aspect like formation and performance of a contract? 2) KIIT-U/2017/ SOL / Autumn End Semester Examination - 2017 (7) B] 7] Bl 3+7] [4+6]Mr. Madan Mohan owner of Bhubaneswar Honda Motor [10] Dealership has been running the dealership over a leased : property which is owned by Mr. Anand Mohan. The said lease is for 7 years and lease rent is Rs. 5 lakh per quarter. On the 6th month of the lease, Mr. Madan Mohan received a Notice, from the Bhubaneswar Municipal Corporation, regarding this leased property, which has demanded payment of Rs. 30,000,00 as property tax plus interests for default in payment of property tax for last 11 years. The Notice has also stated that, as per law, none payment of the said tax within 6 months of service of the notice would entitle the Municipal Corporation to institute forced auction of the said lease property and recover the tax amount due. Mr. Madan Mohan contacted Mr. Anand Mohan and appraised of him the Notice from the Municipal Corporation and requested him to take appropriate timely action over it. Mr. Anand Mohan expressed his inability to pay the amount due to scarcity of fund. Mr. Madan Mohan seek your legal advice to save his lease and also to abide the requirements of the Notice. A business man from Mumbai booked a cargo of crackers by [10] road from Sivakasi to be delivered one week before Deepavali and informed the carrier that the cargo was required for Deepavali sales. The cargo was delayed in transit and the crackers were delivered one week after Deepavali. What tights of suit has the businessman against the carriers? Explained the grounds. See @) KIIT-U/2017/SOL / Autumn End Semester Examination - 2017