Based on the provided past papers and the identified topics, here is a curated list of repeated and
related questions. These are segregated by topic for better clarity:
1. Indian Contract Act - Repeated Questions
General Conceptual Questions:
1. What is the effect of an agreement, the meaning of which is not certain?
2. Explain the concept of mutual mistake of fact under the Indian Contract Act.
3. Define liquidated damages. How is it different from a penalty?
4. What is a contingent contract? Provide examples.
5. Explain the doctrine of privity of contract with the help of case laws.
Case-Based Questions:
6. A minor takes a loan by falsely declaring their age. Can the lender recover the amount?
7. Discuss the revocation of offers and acceptance under the Indian Contract Act.
2. Specific Relief Act - Repeated Questions
1. Explain the possessory remedies available under the Specific Relief Act.
2. What is a declaratory decree? Under what circumstances is it granted?
3. Discuss the concept of specific performance of a contract. When is it enforceable?
4. What are the different types of injunctions under the Specific Relief Act?
5. Explain temporary, perpetual, and mandatory injunctions with examples.
3. Breach of Contract and Remedies - Repeated Questions
1. What are the modes of discharge of a contract?
2. Explain the concept of breach of contract. What are the remedies available?
3. Differentiate between compensatory and punitive damages.
4. On what grounds does the court award nominal damages?
5. Discuss the law relating to damages for breach of contract with case law references.
4. Case-Based Problem Scenarios (Repeated in Exams)
Minor and Contracts:
1. A minor enters into a contract to sell property. Is the contract valid? Explain with legal
principles.
2. A minor borrows money and later refuses to repay. Can the lender sue the minor?
Offer and Acceptance:
3. A proposal is sent by post and revoked by email before the acceptance reaches. Is the
revocation valid?
4. An offer is accepted through post, but a revocation is communicated before acceptance is
received. Discuss the validity of the contract.
Standard Forms of Agreement:
5. A bus ticket states in fine print that the company is not liable for luggage loss. A passenger’s
luggage is damaged. Can they claim compensation?
5. Contract Formation and Wagering Agreements - Repeated Questions
1. What are the essential elements of a valid contract?
2. Discuss the law relating to wagering agreements. Are they enforceable in India?
3. Explain the difference between valid, void, and voidable contracts with examples.
6. Frequently Repeated Essay-Type Questions
1. Discuss the classification of damages under the Indian Contract Act.
2. Explain the modes of discharge of contracts in detail.
3. Discuss the essential features of valid contracts with case law references.
4. Explain breach of contract and remedies available under Indian law.
5. Discuss wagering agreements and their enforceability in India.
Key Insights on Repetition:
1. Indian Contract Act: Most questions revolve around concepts like contingent contracts, breach,
remedies, and privity of contract.
2. Specific Relief Act: Injunctions (temporary, perpetual, mandatory) and possessory remedies are
frequently asked.
3. Case Studies: Minor’s contracts, communication of offers, and standard form agreements often
form problem-based questions.
Focus on these repeated topics and questions for better exam preparation! If you need detailed
solutions for any of these questions, let me know.
With Ans
Here are the detailed answers to the repeated questions based on the past papers:
1. Indian Contract Act - Questions and Answers
Q1: What is the effect of an agreement, the meaning of which is not certain?
Answer:
As per Section 29 of the Indian Contract Act, 1872, an agreement is void if its terms are
uncertain or not capable of being made certain.
o Example: If A agrees to sell "some of his stock" to B, the agreement is void as "some" is
not specific.
Q2: Explain the concept of mutual mistake of fact under the Indian Contract Act.
Answer:
o Section 20: When both parties are under a mistake as to a fact essential to the contract,
the agreement is void.
o Conditions:
1. Mistake must relate to a fact essential to the agreement.
2. Mistake must be mutual.
o Example: A agrees to buy land from B, believing it is suitable for agriculture. Both are
unaware it is barren.
Q3: Define liquidated damages. How is it different from a penalty?
Answer:
o Liquidated Damages: Pre-determined compensation agreed upon in case of breach.
o Penalty: An amount disproportionate to actual loss, meant to penalize the breaching
party.
o Case Law: Fateh Chand v. Balkishan Dass – Courts allow only reasonable compensation,
not penalties.
Q4: What is a contingent contract? Provide examples.
Answer:
o Definition: A contract dependent on the occurrence or non-occurrence of an uncertain
future event (Section 31).
o Examples:
1. A insures his car. The insurer will pay only if an accident happens.
2. A agrees to pay B if B wins a lawsuit.
Q5: Explain the doctrine of privity of contract with the help of case laws.
Answer:
o Definition: Only parties to a contract can sue or be sued under it.
o Case Law: Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. – A third party cannot
enforce a contract they are not part of.
o Exceptions: Trusts, agency, family settlements.
2. Specific Relief Act - Questions and Answers
Q1: Explain the possessory remedies available under the Specific Relief Act.
Answer:
o Section 6: If someone is dispossessed of property unlawfully, they can file a suit to
recover possession even if they do not have ownership rights.
o Limitation: Suit must be filed within 6 months.
Q2: What is a declaratory decree?
Answer:
o Definition: A decree declaring the rights or status of a party without ordering
enforcement.
o Example: A suit for declaration of title in a property dispute.
Q3: Discuss the concept of specific performance of a contract. When is it enforceable?
Answer:
o Definition: A decree compelling a party to fulfill contractual obligations.
o Conditions for Enforcement:
1. Monetary compensation is inadequate.
2. The contract is not dependent on personal skills or qualifications.
o Example: Sale of unique property.
Q4: What are the different types of injunctions under the Specific Relief Act?
Answer:
o Temporary Injunction: For a limited period until the final decision.
o Perpetual Injunction: Permanent relief granted by a final decree.
o Mandatory Injunction: Requires the defendant to perform a specific act.
3. Breach of Contract and Remedies
Q1: What are the modes of discharge of a contract?
Answer:
1. Performance: Completion of contractual obligations.
2. Mutual Agreement: Both parties agree to end the contract.
3. Impossibility: Contract becomes impossible to perform.
4. Breach: One party fails to perform obligations.
Q2: Explain the concept of breach of contract. What are the remedies available?
Answer:
o Breach: Failure to perform contractual obligations.
o Remedies:
1. Damages: Compensatory, nominal, punitive.
2. Specific Performance: Fulfillment of obligations.
3. Injunction: Prevent breach.
4. Case-Based Scenarios
Q1: A minor takes a loan by falsely declaring their age. Can the lender recover the
amount?
Answer:
o Law: Minor’s contracts are void (Section 11).
o Case Law: Mohori Bibee v. Dharmodas Ghose – The lender cannot recover as the
contract is void.
Q2: A proposal is sent by post and revoked by email before acceptance reaches. Is the
revocation valid?
Answer:
o Law: Revocation must be communicated before acceptance is complete.
o Case Law: Byrne v. Van Tienhoven – If revocation reaches before acceptance, it is valid.
5. Wagering Agreements
Q1: Discuss the law relating to wagering agreements.
Answer:
o Definition: Agreements where parties bet on uncertain events.
o Law: Void under Section 30 of the Indian Contract Act.
o Example: Betting on cricket matches.
This document covers the repeated questions and their detailed answers. Let me know if you
need any additional clarifications!
