UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 2

UPSC Law Optional Contract and Mercantile Law previous year questions 31-61 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions31-61 on this page9 pages

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Answer-writing coverage

What this archive covers

formation, consent, breach, remedies, agency, sale of goods, partnership, negotiable instruments, and commercial obligations.

Paper I source PDF Paper II source PDF Related law MCQs

2021Paper IIQ5(e)Section B

Question 31

With the globalisation of trade, brand names and trade marks have attained an immense value and therefore it requires an effective trade mark law. Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q5(e), source page 132.

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2021Paper IIQ6(a)Section B

Question 32

What are the various modes in which a contract may be discharged? Explain in the light of decided cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q6(a), source page 132.

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2021Paper IIQ6(b)Section B

Question 33

Dwell on the legality and constitutionality of Section 66A, Information Technology Act, 2000.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q6(b), source page 132.

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2021Paper IIQ6(c)Section B

Question 34

Write short notes on the following: (i) Caveat Emptor. (ii) Uberrima fides. (iii) Nemo dat quod non habet.

Public Policy and Validity

Source reference: UPSC Law Optional 2021, Paper II, Q6(c), source page 132.

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2021Paper IIQ7(a)Section B

Question 35

Section 8 of the Arbitration and Conciliation Act, 1996 denotes a provision which limits judicial intervention in the process of arbitration? Elucidate the statement with support of case law development on the point.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2021, Paper II, Q7(a), source page 132.

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2021Paper IIQ7(b)Section B

Question 36

No customer in a thousand ever read the conditions. If he had stopped to do so, he would have missed the boat'. Critically examine the contractually of a standard form of contract in view of the above statement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q7(b), source page 132.

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2021Paper IIQ7(c)Section B

Question 37

Discuss the symbiotic relationship between Media Trial and Fair Trial with reference to judicial approach.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q7(c), source page 132.

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2021Paper IIQ8(a)Section B

Question 38

Discuss, the concept and classification of 'Quasi contracts' under Indian Contract Act, 1872.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q8(a), source page 132.

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2021Paper IIQ8(b)Section B

Question 39

Limited Liability Partnership is an alternative corporate form that gives the benefit of limited liability of a company and flexibility of a partnership". In the light of the above discuss the chief characteristics of Limited Liability Partnership Act, 2008.

Partnership and Business Relations

Source reference: UPSC Law Optional 2021, Paper II, Q8(b), source page 132.

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2021Paper IIQ8(c)Section B

Question 40

How does any factor vitiating 'free consent', affect a contract? Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2021, Paper II, Q8(c), source page 132.

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2020Paper IIQ4(a)Section A

Question 41

Unless the ingredients of either 'theft' or 'extortion' are present, the offence of 'dacoity' cannot be made out. Explain with reference to decided cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q4(a), source page 128.

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2020Paper IIQ5(a)Section B

Question 42

'Like an ordinary paper contract, an electronic contract is also primarily governed by the codified provisions of the Indian Contract Act, 1872.' Explain the statement highlighting the legal provisions relating to the conclusion of electronic contracts.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q5(a), source page 126.

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2020Paper IIQ5(b)Section B

Question 43

Explain the provisions relating to access and benefit sharing under the Biological Diversity Act, 2002.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q5(b), source page 126.

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2020Paper IIQ5(c)Section B

Question 44

'The Supreme Court of India in public interest litigation cases relating to the COVID-19 pandemic adopted a judicial policy of non-interference into the policy decisions of the Government.' Elucidate with the help of decided cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q5(c), source page 126.

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2020Paper IIQ5(d)Section B

Question 45

Explain the circumstances under which a surety may be discharged from his liability under the Indian Contract Act, 1872.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q5(d), source page 126.

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2020Paper IIQ5(e)Section B

Question 46

Explain the distinction between a contract of insurance and a wagering agreement with reference to the views of Anson.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q5(e), source page 126.

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2020Paper IIQ6(a)Section B

Question 47

'The grant of patent implies that the patentee has a right to exclude others from exploiting his invention.' Examine the implication of the above statement with the help of relevant provisions of the Patent Act, 1970.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q6(a), source page 129.

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2020Paper IIQ6(b)Section B

Question 48

T =rarera BS Gea aH seh aera ae ou sel Sa |e a ar SARs set Ra sais Fan ay steers of 8? caren ART) who found his cause of action upon an "The parties cannot appeal against an arbitral award as to its merits and the ccannot interfere on its merits." Critically examine the statement and also ethe highlights of the Arbitration and Conciliation (Amendment) Act,.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2020, Paper II, Q6(b), source page 129.

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2020Paper IIQ6(c)Section B

Question 49

Explain the provisions relating to the finality of an arbitral award. Highlight the key amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2019.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q6(c), source page 126.

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2020Paper IIQ7(a)Section B

Question 50

'The objective of Section 138 of the Negotiable Instruments Act, 1881 is to promote the efficiency of banking operations and to ensure credibility in transactions.' Explain the statement with reference to recent case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q7(a), source page 130.

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2020Paper IIQ7(b)Section B

Question 51

Discuss the dichotomy between economic rights and moral rights of an author under the Copyright Act, 1957.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q7(b), source page 126.

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2020Paper IIQ7(c)Section B

Question 52

Explain the exemptions from the disclosure of information under the Right to Information Act, 2005.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q7(c), source page 126.

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2020Paper IIQ8(a)Section B

Question 53

'In the course of time, the courts have introduced a number of exceptions in which the rule of privity of contract does not prevent a person from enforcing a contract which has been made for his benefit but without his being a party to it.' Explain the statement with the help of leading case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q8(a), source page 126.

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2020Paper IIQ8(b)Section B

Question 54

'The intellectual property right and competition law generally work in tandem but often become friends in disagreement.' Examine the above statement by referring to the mandate of the TRIPS Agreement and the Competition Act, 2002.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q8(b), source page 126.

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2020Paper IIQ8(c)Section B

Question 55

'The Environment (Protection) Act, 1986 is an umbrella legislation to not only protect and improve the environment but to prevent and control pollution.' Critically analyze.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2020, Paper II, Q8(c), source page 126.

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2019Paper IIQ5(a)Section B

Question 56

'The law of contracts encompasses not just agreements but also obligations and rights of the parties.' Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2019, Paper II, Q5(a), source page 120.

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2019Paper IIQ5(b)Section B

Question 57

'The dissolution of a partnership and the dissolution of the partnership firm are different concepts.' Elucidate with the help of relevant legal provisions and decided cases.

Partnership and Business Relations

Source reference: UPSC Law Optional 2019, Paper II, Q5(b), source page 120.

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2019Paper IIQ5(c)Section B

Question 58

'Public Interest Litigation addresses issues of great public importance but courts must take care to prevent its misuse.' Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2019, Paper II, Q5(c), source page 120.

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2019Paper IIQ5(d)Section B

Question 59

'Agency contracts are generally revocable but in some situations, repudiation of agency is not possible.' Analyze with the help of relevant case law.

Agency and Representation

Source reference: UPSC Law Optional 2019, Paper II, Q5(d), source page 120.

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2019Paper IIQ5(e)Section B

Question 60

'The Right to Information Act, 2005 is the key to good governance in India, but it is not being implemented in its original spirit.' Examine in the light of the decision of the Supreme Court of India in Anjali Bhardwaj v. Union of India (February 2019).

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2019, Paper II, Q5(e), source page 120.

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2019Paper IIQ6(a)Section B

Question 61

'Discharge of a contract includes breach of contract, but breach of a contract does not necessarily amount to discharge.' Examine the statement with suitable illustrations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2019, Paper II, Q6(a), source page 120.

Direct link to this question

What this archive covers

With the globalisation of trade, brand names and trade marks have attained an immense value and therefore it requires an effective trade mark law. Discuss.

What are the various modes in which a contract may be discharged? Explain in the light of decided cases.

Dwell on the legality and constitutionality of Section 66A, Information Technology Act, 2000.

Write short notes on the following: (i) Caveat Emptor. (ii) Uberrima fides. (iii) Nemo dat quod non habet.

Section 8 of the Arbitration and Conciliation Act, 1996 denotes a provision which limits judicial intervention in the process of arbitration? Elucidate the statement with support of case law development on the point.

No customer in a thousand ever read the conditions. If he had stopped to do so, he would have missed the boat'. Critically examine the contractually of a standard form of contract in view of the above statement.

Discuss the symbiotic relationship between Media Trial and Fair Trial with reference to judicial approach.

Discuss, the concept and classification of 'Quasi contracts' under Indian Contract Act, 1872.

Limited Liability Partnership is an alternative corporate form that gives the benefit of limited liability of a company and flexibility of a partnership". In the light of the above discuss the chief characteristics of Limited Liability Partnership Act, 2008.

How does any factor vitiating 'free consent', affect a contract? Explain.

Unless the ingredients of either 'theft' or 'extortion' are present, the offence of 'dacoity' cannot be made out. Explain with reference to decided cases.

'Like an ordinary paper contract, an electronic contract is also primarily governed by the codified provisions of the Indian Contract Act, 1872.' Explain the statement highlighting the legal provisions relating to the conclusion of electronic contracts.

Explain the provisions relating to access and benefit sharing under the Biological Diversity Act, 2002.

'The Supreme Court of India in public interest litigation cases relating to the COVID-19 pandemic adopted a judicial policy of non-interference into the policy decisions of the Government.' Elucidate with the help of decided cases.

Explain the circumstances under which a surety may be discharged from his liability under the Indian Contract Act, 1872.

Explain the distinction between a contract of insurance and a wagering agreement with reference to the views of Anson.

'The grant of patent implies that the patentee has a right to exclude others from exploiting his invention.' Examine the implication of the above statement with the help of relevant provisions of the Patent Act, 1970.

Explain the provisions relating to the finality of an arbitral award. Highlight the key amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2019.

'The objective of Section 138 of the Negotiable Instruments Act, 1881 is to promote the efficiency of banking operations and to ensure credibility in transactions.' Explain the statement with reference to recent case law.

Discuss the dichotomy between economic rights and moral rights of an author under the Copyright Act, 1957.

Explain the exemptions from the disclosure of information under the Right to Information Act, 2005.

'In the course of time, the courts have introduced a number of exceptions in which the rule of privity of contract does not prevent a person from enforcing a contract which has been made for his benefit but without his being a party to it.' Explain the statement with the help of leading case law.

'The intellectual property right and competition law generally work in tandem but often become friends in disagreement.' Examine the above statement by referring to the mandate of the TRIPS Agreement and the Competition Act, 2002.

'The Environment (Protection) Act, 1986 is an umbrella legislation to not only protect and improve the environment but to prevent and control pollution.' Critically analyze.

'The law of contracts encompasses not just agreements but also obligations and rights of the parties.' Elucidate.

'The dissolution of a partnership and the dissolution of the partnership firm are different concepts.' Elucidate with the help of relevant legal provisions and decided cases.

'Public Interest Litigation addresses issues of great public importance but courts must take care to prevent its misuse.' Elucidate.

'Agency contracts are generally revocable but in some situations, repudiation of agency is not possible.' Analyze with the help of relevant case law.

'The Right to Information Act, 2005 is the key to good governance in India, but it is not being implemented in its original spirit.' Examine in the light of the decision of the Supreme Court of India in Anjali Bhardwaj v. Union of India (February 2019).

'Discharge of a contract includes breach of contract, but breach of a contract does not necessarily amount to discharge.' Examine the statement with suitable illustrations.

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