2023Paper IIQ5(a)Section B
Question 1
The law of contract is not the whole law of agreements, nor is it the whole law of obligations. It is the law of those agreements which create obligations, and those obligations which have their source in agreement" - Salmond. Critically examine this statement.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q5(a), source page 151.
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Question 2
At the suit of a partner, the court may dissolve a firm on certain grounds specified in the Indian Partnership Act 1932. The right of a partner to ask for dissolution on any of the grounds mentioned in the Act cannot be excluded by any agreement to the country." Explain.
Partnership and Business Relations
Source reference: UPSC Law Optional 2023, Paper II, Q5(b), source page 151.
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Question 3
The parties cannot appeal against an arbitral award as to its merits. But, this does not mean that there is no check on the Arbitrator's conduct. Awards may also be challenged." Critically examine the above statement.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q5(c), source page 151.
Direct link to this question2023Paper IIQ5(d)Section B
Question 4
In India, there are different types of Intellectual Property rights, which are protected under different laws." Explain.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q5(d), source page 151.
Direct link to this question2023Paper IIQ5(e)Section B
Question 5
What kind of cases are heard by the 'National-Green Tribunal'? How is it different from the Central Pollution Control Board (CPCB)?
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q5(e), source page 151.
Direct link to this question2023Paper IIQ6(a)Section B
Question 6
The Constitutional courts through their judicial activism have made substantial contribution in protecting women against exploitation, using Public Interest Litigation as a tool for securing their Constitutional rights." Explain with leading case laws.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q6(a), source page 149.
Direct link to this question2023Paper IIQ6(b)Section B
Question 7
A minor's contract being void, ordinarily it should be wholly devoid of all effects. If there is no contract, there should, indeed, be no contractual obligation on either side." Explain with case laws.
Capacity, Minor and Necessaries
Source reference: UPSC Law Optional 2023, Paper II, Q6(b), source page 149.
Direct link to this question2023Paper IIQ6(c)Section B
Question 8
"A 'bearer instrument' is transferable by simple delivery. An 'instrument payable to order' can be transferred by endorsement and delivery." Explain.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q6(c), source page 149.
Direct link to this question2023Paper IIQ7(a)Section B
Question 9
'Standard-contracts' contain a large number of terms and conditions in 'fine print' which restrict or often exclude liability under the contracts. The individuals can hardly bargain with the massive organisation." Explain the modes of protection which have been evolved by the courts.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q7(a), source page 149.
Direct link to this question2023Paper IIQ7(b)Section B
Question 10
Describe the constitutional roots of 'Right to Information' in India. Refer to decided case laws.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q7(b), source page 149.
Direct link to this question2023Paper IIQ7(c)Section B
Question 11
The doctrine of 'Undisclosed Principal" comes into play when the agent neither disclosed the existence of his principal nor his representative character." In such cases discuss the rights and liabilities of the Principals, the agent and the third parties.
Agency and Representation
Source reference: UPSC Law Optional 2023, Paper II, Q7(c), source page 149.
Direct link to this question2023Paper IIQ8(a)Section B
Question 12
Under what circumstances, can an intermediary be held liable for third-party content hosted by them? Explain the liability of intermediaries in the light of the relevant legal provisions in IT Act an other contemporary developments.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q8(a), source page 149.
Direct link to this question2023Paper IIQ8(b)Section B
Question 13
'Media trials entail the possibility of subverting administration of justice.' In the light of this statement, analyse the report of Law Commission of India on Media Trial.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2023, Paper II, Q8(b), source page 149.
Direct link to this question2023Paper IIQ8(c)Section B
Question 14
"Though risk and property generally go together, the two are not inseparable. Sometimes risk may be in one party and property in another." Discuss the law relating to 'passing off risk' under the Sale of Goods Act, 1930.
Sale of Goods and Commercial Transfer
Source reference: UPSC Law Optional 2023, Paper II, Q8(c), source page 149.
Direct link to this question2022Paper IIQ5(a)Section B
Question 15
All the contracts are agreements, but all the agreements are not contracts." Elucidate.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q5(a), source page 138.
Direct link to this question2022Paper IIQ5(c)Section B
Question 16
Discuss the implications of the High-Level Committee (known as T. S. R. Subramanian Committee) Report, 2014 for review of environment related-laws in India.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q5(c), source page 138.
Direct link to this question2022Paper IIQ5(d)Section B
Question 17
Elaborate the conditions and warranties provided under the Sale of Goods Act, 1930.
Sale of Goods and Commercial Transfer
Source reference: UPSC Law Optional 2022, Paper II, Q5(d), source page 138.
Direct link to this question2022Paper IIQ5(e)Section B
Question 18
The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright." Comment.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q5(e), source page 138.
Direct link to this question2022Paper IIQ6(a)Section B
Question 19
The liability of a surety is coextensive with principal debtor, unless it is otherwise provided by the contract." Elucidate the statement by narrating the circumstances under which a surety is discharged from his liability.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q6(a), source page 138.
Direct link to this question2022Paper IIQ6(b)Section B
Question 20
What do you mean by 'abuse of dominance 'and abusive 'conduct 'prohibited under the Competition Act, 2002?
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q6(b), source page 138.
Direct link to this question2022Paper IIQ6(c)Section B
Question 21
Dwell on the concept of emergency arbitration in providing expeditious relief in India.
Arbitration and Commercial Procedure
Source reference: UPSC Law Optional 2022, Paper II, Q6(c), source page 138.
Direct link to this question2022Paper IIQ7(a)Section B
Question 22
State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q7(a), source page 138.
Direct link to this question2022Paper IIQ7(c)Section B
Question 23
An agreement without consideration is void." Is there any exception to it? Discuss by giving suitable illustrations.
Formation, Consideration and Intention
Source reference: UPSC Law Optional 2022, Paper II, Q7(c), source page 138.
Direct link to this question2022Paper IIQ8(a)Section B
Question 24
What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872?
Agency and Representation
Source reference: UPSC Law Optional 2022, Paper II, Q8(a), source page 138.
Direct link to this question2022Paper IIQ8(b)Section B
Question 25
Time is an essence of the contract." What are the remedies available to the aggrieved party in case of non-fulfilment of obligation within the stipulated time?
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q8(b), source page 138.
Direct link to this question2022Paper IIQ8(c)Section B
Question 26
Discuss the ambit and scope of Section 3 (d) of the Patent Act,1970 in the context of the Novartis Case.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2022, Paper II, Q8(c), source page 138.
Direct link to this question2021Paper IIQ5(a)Section B
Question 27
Minor's contract is "void ab initio". Comment.
Capacity, Minor and Necessaries
Source reference: UPSC Law Optional 2021, Paper II, Q5(a), source page 132.
Direct link to this question2021Paper IIQ5(b)Section B
Question 28
Discuss the constitutionality of Right to Information Act, 2019 in the light of recent judgment by the Supreme Court of India.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2021, Paper II, Q5(b), source page 132.
Direct link to this question2021Paper IIQ5(c)Section B
Question 29
In legal phraseology "every person who acts for another is not an agent": Comment.
Agency and Representation
Source reference: UPSC Law Optional 2021, Paper II, Q5(c), source page 132.
Direct link to this question2021Paper IIQ5(d)Section B
Question 30
India's 40 year old Air Act: 1981 languishes in the present circumstances of Air pollution emergency in Delhi -" National Capital Region, Comment on the effectiveness of law in the light of a judicial and administrative mechanism.
Contract and Mercantile Law - General
Source reference: UPSC Law Optional 2021, Paper II, Q5(d), source page 132.
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