SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under Section 3 of the UGC Act, 1956)

Re-accredited by NAAC with ‘A’ grade (3.58/4) I Awarded Category – I by UGC

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Institute : (0103) SYMBIOSIS LAW SCHOOL, HYDERABAD
Programme : ( 010323) BA LL.B / (010324) BBA LL.B
Batch : 2019-2024, 2020-2025 Semester: I
Course : Law of Contract

Course Code: 0103230101 / 0103240101

Date: 11.02.2021 Maximum Marks: 60
Day: Thursday Time: 9:30 – 12.00

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Note:
● Answer all the following 3 questions.
● Each question carry 20 marks (14 Marks Written Test and 6 marks for VIVA = 60
marks)

Q1A. Party ‘A’ entered into a contract with Party ‘B’ with a sealed document for a certain
transaction. Said transaction was not honoured by Party ‘A’ and hence Party ‘B’ had
to approach the court under the writ remedy which was applicable in early English
laws. Suggest the most suitable writs which Party B shall be required to go against
party A.

i. Suggest various types of writs that are granted in the English courts along with
their specific requirements.

ii. Mention the types of contracts that are entered between the parties in the ancient
Roman times. (CO3)

OR
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Q1B. A agrees to deliver 100 bags of wheat and B agrees to pay the price. A also promises
to pay B Rs. 10,000 if he marries C. ​In both the situations, the promise made by Party
A is the part of the contract and not collateral to the terms of the contract.

i. Is there a difference between a contingent and conditional contract? If yes, then

why?

ii. What is the difference between a wagering contract and contingent contract?

iii. Define six main rules of the contingent contract. ​(CO2)

Q2A. “​E-contract is a contract executed and enacted by way of software systems. The
internet conveniently integrates into a single screen traditional advertising, catalogues,
shop displays/windows and physical shopping. A viewer from any part of the world
may want to get into contract to purchase a product as advertised. In this transaction,
the issue is raised for its execution and protection of the consumers. Fundamental
Principles of contract law continue to prevail in contracts made on the internet.”

i. Taking reference from above mentioned paragraph, kindly illustrate the types of
e-contracts that exist today along with a suitable example for each of them.

ii. Mention how e-contract has following elements in it with the help of any
e-contract you deem fit for illustration:

(a) Consideration
(b) Promise
(c) Acceptance (CO2)

OR

Q2B. Statement 1- ​A offered to buy certain goods from B at a certain price. This offer is
made to a definite person B. Therefore, if another party X supplies goods, it will not
give rise to a valid contract.
Statement 2- ​B issues a public advertisement to the effect that he would pay Rs. 100
to anyone who brings back his missing dog

i. What type of offer has been made in both statement 1 and statement 2?

ii. Explain the Seven Legal rules for a valid offer as per Indian Contract Act 1872.

iii. Explain the Six Legal rules for a valid acceptance as per Indian Contract Act 1872
(CO1)
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Q3A​. ‘​X’ ​offers by a letter dated 2 February 2021, sent by post, to sell his house to ‘Y’ at a
certain price. ‘Y’ accepts the offer on 6 February 2021 by ​a ​letter sent by post. The
letter of acceptance reaches ‘​X’ ​on 8 February 2021 at 2 p.m. Here ‘​Y’ ​may revoke
his acceptance at any time before 2 p.m. on 8 February 2021, but not afterwards.”

If above statement is true, reading the above mentioned statement, answer the
following questions accordingly:

i. According to Section 5 of the Indian Contract Act 1872, when is the revocation of
offer and acceptance considered to be complete? Explain with the help of an
example of your choice that clearly involves the person making the revocation and
person to whom revocation is made.

ii. When is the Communication of Revocation u/s 4 of the Indian Contract Act 1872
complete against the person who makes it and against the person to whom it is
made?

iii. What are the reasons for the lapse of offer under Indian Contract Act 1872?
Discuss. (CO3)

OR

Q3B. Statement 1- ​A who is indebted to B for Rs. 1,000, promises to repay the amount
after two months. A repays the amount on the due date.
Statement 2- ​A promises to deliver certain goods to B. A takes the goods to the
appointed place during business hours but B refuses to take the delivery of goods.

i. What kind of performance has been made in the above two statements?
Differentiate and explain both types of performances as per Section 37 and 38 of
the Indian Contract Act 1972.

ii. What are the six essentials features of a valid tender as per the Indian Contract Act
1872?

iii. What are the different modes of discharge of contract? Briefly explain each of
them along with relevant provisions and suitable examples. (CO2)

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