UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 4

UPSC Law Optional Contract and Mercantile Law previous year questions 93-123 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions93-123 on this page9 pages

Open searchable repository Law Optional notes

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

2017Paper IIQ8(a)Section B

Question 93

Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2017, Paper II, Q8(a), source page 103.

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2017Paper IIQ8(b)Section B

Question 94

An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2017, Paper II, Q8(b), source page 103.

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2017Paper IIQ8(c)Section B

Question 95

How far is the Competition Act, 2002 an improvement over the monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to 'abuse of dominant position? Discuss and explain the relevant statutory provisions.

Consumer, Competition and Market Regulation

Source reference: UPSC Law Optional 2017, Paper II, Q8(c), source page 103.

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2016Paper IIQ5(a)Section B

Question 96

Nswer tho following in about 150 words each. and decided cases. 10x5=50 marks (a) "An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone" - Anson. Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q5(a), source page 97.

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2016Paper IIQ5(b)Section B

Question 97

Answer tho following in about 150 words each. and decided cases. 10x5=50 marks (b) "Every contract contains a 'core' or 'fundamental obligation' which must be performed. If one party fails to perform this fundamental obligation, he will be guilty of a breach of contract whether or not any exempting clause has been inserted which purports to protect him." Critically examine the statement with case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q5(b), source page 97.

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2016Paper IIQ5(c)Section B

Question 98

Answer tho following in about 150 words each. and decided cases. 10x5=50 marks (c) "In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in the firm, regard shall be had to the real relations between the parties, as shown by all relevant facts taken together." Comment.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q5(c), source page 97.

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2016Paper IIQ5(d)Section B

Question 99

A owed B Rs. 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay Rs. 1,000 on account of the previous debt. Decide the validity of this agreement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q5(d), source page 97.

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2016Paper IIQ5(e)Section B

Question 100

Answer tho following in about 150 words each. and decided cases. 10x5=50 marks (e) "Every sole maker, drawer, payee or endorsee, or all of joint makers, drawers, payees, or endorsees, of a negotiable instrument may endorse and negotiate it." In the light of the above statement, distinguish between endorsement and negotiation and also explain different kinds of fendorsements'.

Negotiable Instruments

Source reference: UPSC Law Optional 2016, Paper II, Q5(e), source page 97.

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2016Paper IIQ6(a)Section B

Question 101

The Right to Information Act, 2005 was enacted in order to promote transparency and accountability in the working of every public authority." How far has this goal been achieved by the Right to Information Act, 2005 in the last ten years? Critically analyse your answer with the support of exceptions and case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q6(a), source page 97.

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2016Paper IIQ6(b)Section B

Question 102

Though there is no law for media trial, however, in freedom of expression and speech under fundamental rights, media has the freedom to express its views based on evidence. This trial has no authority before the court of law." Critically examine the statement with case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q6(b), source page 97.

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2016Paper IIQ6(c)Section B

Question 103

There can be a mistake of identity only when a person bearing a particular identity exists within the knowledge of the plaintiff, and the plaintiff intends to deal with him only. If the name assumed by the swindler is fictitious, there will be no mistake of identity." Examine the statement with leading case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q6(c), source page 97.

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2016Paper IIQ7(a)Section B

Question 104

Highlight the important amendments made in the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act, 2015.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2016, Paper II, Q7(a), source page 97.

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2016Paper IIQ7(b)Section B

Question 105

The revocation of agent's authority can be made by the principal subject to certain rules." Examine these rules in the light of protection to agent.

Agency and Representation

Source reference: UPSC Law Optional 2016, Paper II, Q7(b), source page 97.

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2016Paper IIQ7(c)Section B

Question 106

The rights of unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law." Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q7(c), source page 97.

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2016Paper IIQ8(b)Section B

Question 107

Explain the salient features and your views on the Information Technology Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act, 2008.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q8(b), source page 97.

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2016Paper IIQ8(c)Section B

Question 108

The object of Public Liability Insurance Act, 1991 is to provide relief to the victims of accidents in hazardous industries in addition to any other right to claim compensation." Explain with case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2016, Paper II, Q8(c), source page 97.

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2015Paper IIQ5(a)Section B

Question 109

With B, the manager of a restaurant, to sing at his restaurant for two nights every week during next two months; and B engages to pay to her 5,000/- rupees fthe sixth night, A wilfully absents herself from the cannot be filed' in the Supreme Court under Article 32 of Indian Cthe enforcement of 'Fundamental Rights' is which any party thereto is. restricted absolutely from enforcing his runder or in respect of any contract, by the usual legal proceedings in the ordinary Twhich limits the time within which he may thus enforce his right is void to t" Explain the exceptions, if any, of this principle. 10 Wthe health of the people.' 10 Dthe various principles of 'mediation'. 10 hase agreement is a bailment plus an agreement to sell." Explain. 20.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q5(a), source page 93.

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2015Paper IIQ5(b)Section B

Question 110

Comment on the fact that the filing of Public Interest Litigation petitions under Article 32 of the Constitution requires the enforcement of fundamental rights.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q5(b), source page 93.

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2015Paper IIQ5(c)Section B

Question 111

Explain the exceptions to the rule that the parties to a contract cannot restrict the other party's right to enforce their contractual rights through legal proceedings.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q5(c), source page 93.

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2015Paper IIQ5(d)Section B

Question 112

What is the impact of noise pollution on public health? How does the law address this problem?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q5(d), source page 93.

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2015Paper IIQ5(e)Section B

Question 113

Discuss the principles underlying mediation as an alternative dispute resolution mechanism.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q5(e), source page 93.

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2015Paper IIQ6(a)Section B

Question 114

Explain hire purchase agreements and examine whether they are essentially a combination of a bailment and a sale agreement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q6(a), source page 93.

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2015Paper IIQ6(b)Section B

Question 115

Which one party promises to save the other from loss caused to him by tthe promisor himself or by the conduct of any other person, is called, a ' with respect to existing disputes, may or may not be in the "The individual deserves to be protected against the possibility of exploitation inherent Ethe law relating to minor's agreements. 15?

Formation, Consideration and IntentionCapacity, Minor and Necessaries

Source reference: UPSC Law Optional 2015, Paper II, Q6(b), source page 93.

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2015Paper IIQ6(c)Section B

Question 116

Discuss the compulsory licensing provisions under the Patents Act, 1970 and their significance for access to medicines and public health.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q6(c), source page 93.

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2015Paper IIQ7(a)Section B

Question 117

Explain the law relating to arbitration agreements for existing disputes as well as future disputes arising under a contract. Distinguish between an arbitration clause and a submission agreement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q7(a), source page 93.

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2015Paper IIQ7(b)Section B

Question 118

How does the law protect individuals against exploitation arising from standard form contracts?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q7(b), source page 93.

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2015Paper IIQ7(c)Section B

Question 119

Discuss the law relating to a minor's agreements with special reference to the rule that a beneficial contract is binding on a minor.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q7(c), source page 93.

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2015Paper IIQ8(a)Section B

Question 120

The goods will pass from seller tthe buyer which the parties intend to pass." Explain the statement with necessary legal provisions and case law. 20 Ewhat is meant by 'negotiation and endorsement'. How doesnegotiation Ethe various circumstances in which a firm may be dissolved. What are the rights and obligations of partners after dissolution of firm? 15 aaa weal a sae a9 & ye Rericahea aed sega at earrycten Te: sam one wea & at at eost # feet & aor Peeat sik ofastt Gat FOF e | wWer ae 5 start & cen are Fa ade wos & Hy-a-am Wee TET FARR feel aT FFT AS IBS W-WE-TH (FLA) Wheror & Fe-TS KK silo files ward bea Pthe following instructions carefully before attempting TEIGHT questions divided in TWO SECTIONS and printed both in HINDI and Chas to attempt FIVE questions in all. Qthe remaining, any THREE are to be attempted choosing at least ONE from each section.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2015, Paper II, Q8(a), source page 93.

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2015Paper IIQ8(b)Section B

Question 121

Explain the concepts of 'negotiation' and 'endorsement' with reference to negotiable instruments and distinguish them from assignment.

Negotiable Instruments

Source reference: UPSC Law Optional 2015, Paper II, Q8(b), source page 93.

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2015Paper IIQ8(c)Section B

Question 122

Discuss the circumstances under which a partnership firm may be dissolved and the rights of the partners after dissolution.

Partnership and Business Relations

Source reference: UPSC Law Optional 2015, Paper II, Q8(c), source page 93.

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2014Paper IIQ5(b)Section B

Question 123

The procedure and qualifications for appointment of chairperson and members of Cyber Appellate Tribunal have been introduced to keep up the standards of Justice." Comment. 10.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q5(b), source page 86.

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What this archive covers

Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.

An invention has to satisfy certain conditions in order to get a patent." Examine critically the statement.

How far is the Competition Act, 2002 an improvement over the monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to 'abuse of dominant position? Discuss and explain the relevant statutory provisions.

Nswer tho following in about 150 words each. and decided cases. 10x5=50 marks (a) "An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone" - Anson. Explain.

A owed B Rs. 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay Rs. 1,000 on account of the previous debt. Decide the validity of this agreement.

Though there is no law for media trial, however, in freedom of expression and speech under fundamental rights, media has the freedom to express its views based on evidence. This trial has no authority before the court of law." Critically examine the statement with case law.

Highlight the important amendments made in the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act, 2015.

The revocation of agent's authority can be made by the principal subject to certain rules." Examine these rules in the light of protection to agent.

The rights of unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law." Elucidate.

Explain the salient features and your views on the Information Technology Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act, 2008.

The object of Public Liability Insurance Act, 1991 is to provide relief to the victims of accidents in hazardous industries in addition to any other right to claim compensation." Explain with case law.

Comment on the fact that the filing of Public Interest Litigation petitions under Article 32 of the Constitution requires the enforcement of fundamental rights.

Explain the exceptions to the rule that the parties to a contract cannot restrict the other party's right to enforce their contractual rights through legal proceedings.

What is the impact of noise pollution on public health? How does the law address this problem?

Discuss the principles underlying mediation as an alternative dispute resolution mechanism.

Explain hire purchase agreements and examine whether they are essentially a combination of a bailment and a sale agreement.

Discuss the compulsory licensing provisions under the Patents Act, 1970 and their significance for access to medicines and public health.

Explain the law relating to arbitration agreements for existing disputes as well as future disputes arising under a contract. Distinguish between an arbitration clause and a submission agreement.

How does the law protect individuals against exploitation arising from standard form contracts?

Discuss the law relating to a minor's agreements with special reference to the rule that a beneficial contract is binding on a minor.

Explain the concepts of 'negotiation' and 'endorsement' with reference to negotiable instruments and distinguish them from assignment.

Discuss the circumstances under which a partnership firm may be dissolved and the rights of the partners after dissolution.

The procedure and qualifications for appointment of chairperson and members of Cyber Appellate Tribunal have been introduced to keep up the standards of Justice." Comment. 10.

Other Law Optional subjects