Q.
Can you predict what question is going to come out on Valid Contract, Voidable Contract or Void Contract this year 2015?
(Series D02 Law 5/6 - Question 8; Valid Contract etc.)
A.
Based on the past 4 years:
2011 Q2 discharging the contract
2012 Q1 doctrine of frustration
2012 Q6 remedies for breach of contract
2103 Q4 void, voidable, illegal contracts & unenforceable contracts
2013 Q8 mistake in contract
2014 Q- none (more on case and theory)
The questions on contract usually concentrate on validity of contract, voidable or mistake in contract (void contract). Misrepresentation, fraud, undue influence and coercion are potential questions in the 2015 exam. Agency Contract is also not much being asked before. I would reckon some form of question on agency contract may appear.
1. How do you differentiate between misrepresentation, fraud and undue influence in a voidable contract? Provide specific section(s) of Contract Act, 1950 to support your argument.
2. Based on English Law, consideration is a necessity in an valid contract. However, appointment of agent by principal is usually without consideration. Based on agency contract, is it therefore an invalid contract? List down the provision for such anomaly.
3. What constitute a voidable contract? Explain coercion, undue influence, fraud and misrepresentation in the context of voidable contract. Is mistake in contract resulting in a voidable contract?
4. How can a contract be discharged? Discuss your answers based on performance, agreement, frustration and breach.
5. What is 'Quantum Meruit'? Explain in the context of a construction contract. How does it affect a breach in contract?
Ref:
Earlier posts in past year question bank.
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