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Distinguish between Res judicata and Res sub judice.
Write a critical note on Undue influence.- Write a critical note on ‘Unconscionable Bargains’
- Write critical note on Wagering Agreements.
- Undue influence | 'A' filed a suit against her maternal uncle 'B' seeking partition of her share in land measuring about 24 acres left behind by A’s father. B resisted the suit on the ground that A’s mother who was an old, blind, tribal woman, and was living with 'B' had executed a sale deed… How would you decide the question of the onus of proof in these circumstances?
- “Mistake in the formation of contracts may be common; mutual or unilateral”. Discuss this statement, and explain briefly the cases where such mistakes may avoid the contract.
- A promissory note was signed by a minor for consideration received by him. On attaining majority, he ratifies that promissory note. Can the creditor enforce it? Explain.
- The law may refuse to give effect to a contract on the ground of illegality; this is a limitation upon freedom of contract”. Comment.
- Mistake of fact | In a case, while the defendant intended to sell the land in terms of Kanals, the plaintiff intended to purchase in Bighas. The area of the land was as essential to the agreement as to the price…. Is the mistake with which the parties were suffering related to a matter essential to the agreement?
- Explain what is a wagering contract? Is a suit maintainable to enforce an agreement by way of wager? Distinguish between wagering contracts from a teji-mandi transaction.
- Wagering agreement | Tony borrowed a sum of Rs. 5000/- from John in order to bet with Mahesh as to the result of a cricket match. Tony lost the bet to Mahesh… Mahesh and John initiated legal remedies against Tony separately for recovery of Rs. 5000/-. Decide.
- Agreement in restraint of trade | In a case, the landlord is the owner of the shop running a Sophisticated Cosmetic Hair Dressing Saloon in Delhi. He gives on rent and said shop with the said business…. Is this agreement of lease hit by Section 27 of the Indian Contract Act? Decide.