Q. 1
Law
Difficulty: Medium
(1 Mark)
Under Section 9 of the Specific Relief Act 1877, a person dispossessed of immovable property without his consent otherwise than in due course of law may recover possession:
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Step-by-Step Explanation & Concept Rationale
Section 9 of the Specific Relief Act 1877 provides a summary remedy: Any person dispossessed without consent of immovable property otherwise than in due course of law may, within six months of dispossession, recover possession by suit, regardless of any other title that may be set up.
Q. 2
Law
Difficulty: Easy
(1 Mark)
Under Section 42 of the Specific Relief Act 1877, a suit for 'Declaration' may be instituted by any person entitled to:
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Step-by-Step Explanation & Concept Rationale
Section 42 Specific Relief Act provides that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title, and the court may in its discretion make a declaration.
Q. 3
Law
Difficulty: Medium
(1 Mark)
Under Section 73 of the Contract Act 1872, compensation for loss or damage caused by breach of contract is payable for loss:
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Step-by-Step Explanation & Concept Rationale
Section 73 Contract Act adopts the common law rule in Hadley v. Baxendale: Compensation is recoverable for loss which naturally arose in the usual course of things from breach, or which was in contemplation of parties; compensation is not given for remote and indirect loss.
Q. 4
Law
Difficulty: Medium
(1 Mark)
Under Section 12 of the Specific Relief Act 1877, specific performance of any contract may in the discretion of the Court be enforced when:
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Step-by-Step Explanation & Concept Rationale
Section 12 of Specific Relief Act lays down four contracts that may be specifically enforced, notably when there exists no standard for ascertaining actual damage or where pecuniary compensation would not afford adequate relief (e.g. contracts for sale of unique immovable property).
Q. 5
Law
Difficulty: Hard
(1 Mark)
Under Section 21 of the Specific Relief Act, which of the following contracts CANNOT be specifically enforced?
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Step-by-Step Explanation & Concept Rationale
Section 21 of Specific Relief Act lists contracts not specifically enforceable: contracts where compensation is adequate relief, contracts involving personal skills/volition, contracts running into minute details, contracts in their nature determinable, and contracts made by trustees in breach of trust.
Q. 6
Law
Difficulty: Medium
(1 Mark)
Under Section 53 of the Specific Relief Act 1877, a 'Perpetual Injunction' can only be granted by:
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Step-by-Step Explanation & Concept Rationale
Section 53 Specific Relief Act distinguishes: Temporary injunctions are regulated by the CPC (Order XXXIX) and may be granted at any period of a suit; a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit.
Q. 7
Law
Difficulty: Easy
(1 Mark)
Under Section 10 of the Contract Act 1872, all agreements are contracts if they are made by:
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Step-by-Step Explanation & Concept Rationale
Section 10 Contract Act lays down the foundational essentials of a contract: (1) Free consent, (2) Competency of parties, (3) Lawful consideration, (4) Lawful object, and (5) Not expressly declared void.
Q. 8
Law
Difficulty: Easy
(1 Mark)
Under Section 11 of the Contract Act 1872, who is competent to contract?
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Step-by-Step Explanation & Concept Rationale
Section 11 Contract Act specifies: Every person is competent to contract who is of the age of majority according to the law to which he is subject (Age of Majority Act 1875 - 18 years), who is of sound mind, and not disqualified by any law. A contract with a minor is void ab initio (Mohori Bibee v. Dharmodas Ghose).
Q. 9
Law
Difficulty: Easy
(1 Mark)
Under Section 14 of the Contract Act, consent is said to be 'Free' when it is NOT caused by:
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Step-by-Step Explanation & Concept Rationale
Section 14 Contract Act defines Free Consent as consent not vitiated by Coercion (Sec 15), Undue Influence (Sec 16), Fraud (Sec 17), Misrepresentation (Sec 18), or Mistake (Sec 20-22). If caused by coercion, fraud, or misrepresentation, the agreement is voidable at the option of the aggrieved party (Sec 19).
Q. 10
Law
Difficulty: Easy
(1 Mark)
Under Section 23 of the Contract Act 1872, the consideration or object of an agreement is lawful UNLESS:
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Step-by-Step Explanation & Concept Rationale
Section 23 Contract Act renders void any agreement whose consideration or object is unlawful because it is forbidden by law, defeats any law, is fraudulent, involves injury to another, or is regarded by court as immoral or opposed to public policy.
Q. 11
Law
Difficulty: Medium
(1 Mark)
Under Section 27 of the Contract Act 1872, an agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind is:
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Step-by-Step Explanation & Concept Rationale
Section 27 Contract Act renders void agreements in restraint of trade, with the sole exception of a person who sells the goodwill of a business agreeing with the buyer to refrain from carrying on a similar business within specified local limits.
Q. 12
Law
Difficulty: Medium
(1 Mark)
Under Section 28 of the Contract Act, an agreement by which any party is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings is:
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Step-by-Step Explanation & Concept Rationale
Section 28 Contract Act provides that agreements in absolute restraint of legal proceedings are void, with the vital statutory exception of agreements to refer future or existing disputes to arbitration.
Q. 13
Law
Difficulty: Hard
(1 Mark)
Under Section 74 of the Contract Act 1872, when a contract has been broken, and a sum is named in the contract as the amount to be paid in case of such breach (liquidated damages or penalty), the party complaining of the breach is entitled to receive:
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Step-by-Step Explanation & Concept Rationale
Section 74 Contract Act abolishes the common law distinction between liquidated damages and penalty: The party complaining of breach is entitled to receive reasonable compensation not exceeding the penalty/amount named, whether or not actual damage is proved.
Q. 14
Law
Difficulty: Medium
(1 Mark)
Under Section 56 of the Contract Act 1872, an agreement to do an act impossible in itself is void. What happens if a contract becomes impossible or unlawful after it is made (Doctrine of Frustration)?
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Step-by-Step Explanation & Concept Rationale
Section 56 Contract Act embodies the Doctrine of Frustration: A contract to do an act which, after the contract is made, becomes impossible, or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.
Q. 15
Law
Difficulty: Medium
(1 Mark)
Under Section 64 of the Contract Act 1872, when a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained, and the party rescinding must:
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Step-by-Step Explanation & Concept Rationale
Section 64 Contract Act mandates restitution upon rescission of a voidable contract: The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.
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