ANIL KHANNA’S ACADEMY OF LAW QUESTIONS MAINS PAST EXAMINATION QUESTIONS CONTRACT 1. “All agreements are not contracts but all contracts are agreements”. Examine this statement. 2. What tests would you apply to ascertain whether an agreement is a contract? 3. A proposal need not be certain. Comment. 4. Define offer and distinguish between offer and invitation to offer. 5. What is a general offer? Illustrate. 6. Distinguish between ‘general’ and ‘specific’ offer. 7. “A counter-offer can constitute an acceptance of an offer”. Comment. 8. Discuss the role of ‘offer’ and ‘acceptance’ in the formation of a valid contract. 9. “Acceptance is to offer what lighted match is to a train of gunpowder”. Discuss with reference to revocation and communication for the formation of a valid contract. 9A. Explain the general rules relating to acceptance under the Indian Contract Act, 1872. 10. Discuss rules regarding communication of offer and acceptance. 11. Explain the effect of silence on acceptance. 12. State whether a contract is valid even if there is no proper communication of acceptance. 13. A mere mental acceptance is no acceptance. Comment. 14. Acceptance must be according to the mode prescribed. Discuss. 15. Explain role of communication, acceptance and revocation of proposals in the formation of valid contract. 16. Discuss the rules relating to offer and acceptance by post, and mention the circumstances under which an offer lapses. 17. Distinguish between void and voidable contracts. 18. Explain what do you understand by ‘void’, voidable’, ‘illegal’ and valid contract. Briefly refer to the rights of parties under such agreements. 19. Distinguish between ‘void’, ‘voidable’ and ‘illegal’ agreement bringing out clearly the rights of the parties under such agreement collateral to them. 20. State essential elements of a valid contract? 21. What is ‘contract’? State essentials of a valid contract. What is void contract? 22. State the contracts expressly declared void by the Contract Act? 23. Briefly explain ‘competency to contract’. Who is competent to contract as per the Indian Contract Act? 24. Discuss the law relating to competency of parties to enter into a valid contract? 25. “A minor’s contract is valid”. Comment. 26. “A minor’s contract is void”. Discuss. 27. Write a short note on “Minor’s contract for necessities” 28. State whether all void agreements are illegal. 29. Explain consent as an element of a valid contract. 30. What is free consent? 31. Analyse and explain the concept of ‘free consent’ of parties? State its essentials and impact on the formation of a contract? 32. What is free consent? When a consent will not be considered free? 33. Explain what do you understand by free consent and state its essentials and impact on the contract? 1 ANIL KHANNA’S ACADEMY OF LAW 34. What is undue influence? State its legal effect. 35. Explain the undue influence and illustrate. 36. Explain the effect of undue influence on contract. 37. What is undue influence in a contract? State the relationships where presumption arises for the use of such influence. 37A. What is meant by ‘undue influence’? A applies to a banker for a loan at a time where there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. Whether the contract is induced by undue influence? Decide [November 2002] 38. What is the difference between coercion and undue influence. 39. When does mere silence of a party to an agreement become fraudulent. 39A. Explain the concept of ‘misrepresentation’ in the matters of contract. [May 2003] 40. Distinguish between fraud and misrepresentation. 41. Is agreement without consideration void? 42. “Consideration is essential for a valid contract”. Discuss briefly its essential aspects. 43. “Consideration is required for every kind of contract”. Comment. 44. Insufficiency of consideration is immaterial but an agreement without consideration is void. Comment. 45. Explain briefly: (a) Agreement in restraint of marriage (b) Invitation to treat does not amount to an offer (c) Consideration must be sufficient but need not be adequate. 46. Explain briefly: (a) Stranger to a contract (b) Offer and invitation to offer (c) An agreement without consideration. 47. What precisely is meant by a wagering contract. 48. State whether an agreement by way of wager is a voidable contract. 49. “All agreements against public policy are void”. Comment. 50. State whether all agreements which are against public policy of the State cannot be enforced. 51. “An agreement in restraint of trade is void”. Examine this statement mentioning exceptions, if any. 52. What is a contingent contract? Explain the rules regarding enforcement of contingent contracts. 53. Explain the Doctrine of Frustration and discuss its application in India. 54. State Indian Law on Doctrine of Frustration. 55. What do you understand by impossibility of performance? 56. Write a short note on ‘Doctrine of Supervening Impossibility’ 57. What is novation? State its essential requirements. 58. Discuss the consequences of non-performance of a valid contract under the Indian Contract Act? 59. Briefly explain the various remedies for breach of contract. 60. Write a note (in brief) on the reliefs an injured party can obtain due to breach of contract. 61. State briefly the principles on which damages are awarded for breach of contract. 62. Where there is a right, there is a remedy. Amplify this statement and briefly explain the various remedies available for breach of contract. 63. Distinguish between ‘Penalty’ and ‘Liquidated damages’. 64. Define contingent contract. Briefly explain its Rules. 65. Distinguish between ‘contingent contract’ and ‘wager’. 2 ANIL KHANNA’S ACADEMY OF LAW 66. State whether a contract to pay Rs. 10.000 by X if the house of Y is burnt a contingent contract. 67. Write a note on quasi-contracts. 68. Define and state nature of quasi-contracts. 69. Explain what is quasi-contract? State the various quasi-contracts as recognized by the Indian Contract Act. 70. State whether finder of goods is not entitled to sell. 71. State the grounds on which a contract may be discharged under the provisions of Indian Contract Act, 1872. [November 2002] 3 ANIL KHANNA’S ACADEMY OF LAW CRIMINAL LAW - PREVIOUS YEARS’ QUESTIONS OFFENCE AGAINST PROPERTY 1. Someshwar, a domestic servant, was annoyed by the master’s dilly-dallying in the payment of salary. To teach a lesson to the master he removed a jewel box from the almirah and placed it in the cow shed in the same house. The jewel box was located after searching for over a month. Discuss the offence for which Someshwar can be prosecuted? Would your answer be different it Someshwar had removed the jewel box with a view to ultimately stealing the jewels when the loss is forgotten? (Punjab Civil Services, 2001) 2. Rahamat knew about Gopalji’s resolve not to sell his bullocks and cows to a butcher. Life Traders, a modern meat export unit had offered to pay higher price and commission to any one who could arrange supply for their slaughter unit. Rahamat who had procured animals for Life Traders earlier, took special pain in convincing Gopalji to sell his animals to the firm that earned valuable foreign exchange for the country. Gopalji sold his two bullocks and five cows to Life Traders for a good price. However, till after the sale Gopalji never knew that the animals were actually meant for slaughter. Can Rahamat be prosecuted for the offence of cheating? Would your answer be different if Rahamat had conveyed to Gopalji that Life Traders is a firm that undertakes breeding of quality animals? (Punjab Civil Services, 2001) 3. Write short note on difference between cheating and misappropriation? (Punjab Civil Services, 1995 II) 4. Explain the distinction between Criminal Misappropriation and Criminal Breach of Trust. (Civil Services, 1991) 5. A letter is received to the address of one A. Raman. A person bearing the same name and working in the same office as the former receives it. On opening it, he finds in it a dividend warrant, to which he knows he has no claim at all and has reason to believe that the former Raman could have. He however takes it and deposits it in his own bank account. What offence has be committed? Assuming that the former Raman has himself received the letter but gave it to the latter to be deposited in the former’s bank account, what is the offence committed by the latter thereby? (Civil Services, 1991) 6. What is meant by ‘stolen property’? When is receiving stolen property an offence? (Civil Services, 1992) 7. “A partner has undefined ownership along with other partners over all the assets of partnership, and if he chooses to use any of them for his own purposes, he cannot be held guilty of criminal misappropriation of property.” Examine. (Civil Services, 1994) 8. Examine the criminal liability of a landlord who cuts off the electricity connection of his tenant in order to put pressure on him to pay enhanced rent. (Civil Services, 1994) 9. “In all robbery there is either theft of extortion.” Comment. (Civil Services, 1998) 10. Explain whether any offence is committed in the following instances and under what circumstances? Give reasons. a) A cheque issued by X on his bank having knowledge about insufficient funds in his account. b) X burns a share certificate of Z due to which she suffered mental agony in addition of financial loss. c) X has sexual intercourse with his wife without her consent. d) X sells the estate of which he is not the owner and executes a conveyance deed in favour of the purchaser.