Legal Bites brings to you Law of Contract Mains Questions Series Part-VIII. The questions enlisted here are arranged section-wise and will aid the students 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 a good practise for their aptitude and knowledge.
Law of Contract Mains Questions Series Part-VIII
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects 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 simply 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-VIII of X
Explain the principle of ‘Unjust enrichment’ under the provisions of section 70 of the Indian Contract Act. Refer to decided cases. [HPJS 2016]
Two seamen deserted a ship and the remaining seamen agreed to take the ship to the port in return for extra wages. The ship safely reaches the port. Are they entitled to extra wages? [Punjab JS 2006]
A is a teacher in a degree college and B is his wife. A goes to Germany on study leave for one year. In A’s absence, B maintains herself with the money sent by A. On times when there is a delay in the arrival of money she takes goods on credit and pays after she gets the money. Thus once she purchased on credit one maund of rice, four sarees, and one gold necklace. Fifteen days after this A came back. Of which of these goods A is bound to pay the price? [HJS 1988]
“A quasi-contract has no affinity with a contract but rests on the equitable principle that a person shall not be allowed to enrich himself at the expense of another”. Explain by giving suitable illustrations. [HJS 2009]
Write short notes on Novation of contract. [MPJS 2010]
“Payment received by mistake must be refunded.” Discuss with reference to decided cases. [UPJS 1999]
Solve the problem referring to relevant laws: [UPJS 2015]
‘A’ supplies ‘B’, who is a lunatic, with necessaries suitable to his condition in life. ‘A’ is entitled to be reimbursed from ‘B’s property.
Elucidate with examples of the difference between ‘damages’, ‘liquidated damages’ and ‘penalty’ under the Indian Contract Act. [DJS 2018]
X, a builder, contracts with A to erect and finish a flat for him before 30th June 1997, in order that X may give possession of the flat by that time to B to whom A has contracted to let it. X is informed of the contract between A and B at the time of entering into the agreement with A. X promised to erect and finish the flat and hand over the possession to B by 30th June 1997. X builds the flat with a very low rate material as a result of which the flat falls down before the 30th June 1997 and has to be rebuilt by A, who in consequence loses that rent which he was to have received from C and is obliged to make compensation to B for the breach of his contract.
What remedy do you advice to A against X? Decide with the help of relevant provisions of law and the case law, if any. [Punjab JS 2001]
The rule regarding a person’s responsibility to mitigate his damages is not an absolute rule, explaining the principle, respond to the above statement. [Punjab JS 2013]
Every party injured by the breach of a contract may bring an action for damages and every action for damages raises certain problems. Discuss the problem raised in every action for damages. [BJS 2011]
Discuss the principles on which the court would award damages for breach of contract. [HJS 2003]
- When a contract has been broken, is a party, who suffers from such breach, entitled to compensation and in what circumstances? What are liquidated damages? What is a stipulation by way of penalty?
- A borrows Rs. 100 front B and gives him a bond for Rs. 200, payable by five yearly instalments of Rs. 40 with a stipulation that in default of payment of any instalment, the whole shall become due. Can A get any relief? [RJS 1976]
The plaintiff invited tenders for the supply of 1000 pairs of woollen socks. The defendant submitted a tender offering to supply the goods, as per the sample sent with the tender form, at a certain price. The plaintiff placed an order for the supply of 1,000 pairs of socks, subject to the approval of the sample. The defendant failed to supply the goods and the plaintiff had to buy the same at a higher price from the market. In the suit filed by the plaintiff for damages against the defendant, the defendant contends that he is not liable on the ground that no contract had come into existence between the parties.
Decide the case, giving reasons for your judgment. [DJS 1973]
The Defendant, a female, agreed to pay Rs. 5000 to the plaintiff in consideration of the latter having the former trained in the art of singing and dancing at his own cost. It was found that the plaintiff’s sister and not the plaintiff himself had rendered those services. In a suit for recovery of the agreed amount, the defendant denied her liability to pay any amount to the plaintiff under the said agreement. How would you decide the controversy? [DJS 1989]
B holds agriculture land on lease from ‘A’ the landlord. A was in arrears of land revenue payable to Government. The land was advertised for sale by the Government Consequent to the sale taking place lease in favour of ‘B’ is also liable to be annulled under Revenue Laws. B in order to prevent the same pays arrears to Government. Can B recover the same from A? Decide. [DJS 1996]
In some contracts, it would be impossible for the court to assess the compensation arising from the breach and if the compensation contemplated is not by way of a penalty or unreasonable, the court can award the same if it is a genuine pre-estimate by the parties as to the measure of reasonable compensation. Do you agree? Give reasons. [DJS 2008]
Is the plaintiff entitled to damages for mental distress and social stigma caused due to breach of contract? [UPJS 1999]
Solve the following:
‘B’ contracts with ‘C’ to pay him Rs. 500/- on a given day and if he fails to pay him then he will pay Rs. 1000/- to ‘C’. ‘B’ failed to pay on that day. Can ‘C’ recover Rs. 1000/- from ‘B’. [UPJS 2000]
How are liquidated damages different from general damages? Are liquidated damages required to be proved? [DJS 2010]