UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 5

UPSC Law Optional Contract and Mercantile Law previous year questions 124-153 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions124-153 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

2014Paper IIQ5(c)Section B

Question 124

'Arbitration, as an alternate method of adjudication, is acceptable to parties largely irrespective of the nature of the dispute.' Critically examine.

Arbitration and Commercial Procedure

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

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2014Paper IIQ5(d)Section B

Question 125

The actual concept of partnership from 'people sharing to the profit' to 'mutual responsibility' was the outcome of the decision in Cox V. Hickman case. Elaborate. 10.

Partnership and Business Relations

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

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2014Paper IIQ5(e)Section B

Question 126

The liability of sub-agent towards principal is not direct, except in case of fraud and willful wrong." Explain giving reasons. 10.

Agency and Representation

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

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2014Paper IIQ6(a)Section B

Question 127

X and Co. in its prospectus represented that A, B and C would be the direction of the company. This was true and on the basis of this P and Q applied for shares. However, before the allotment took place, there were changes in directions. Is the allotment of P and Q subject to their choice or it stands cancelled due to change in directions? Discuss. 10.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q6(a), source page 86.

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2014Paper IIQ6(b)Section B

Question 128

Stands as surety for the good conduct of B, who is employed in a Bank on a monthly salary of Rs. 1600. Three months after the financial position of the bank deteriorated B, agreed to accept a monthly salary of Rs. 1500. Two months after, it is discovered that B has been misappropriating cast all through. What is the liability of A as surety under the Indian Law? 20.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q6(b), source page 86.

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2014Paper IIQ6(c)Section B

Question 129

Judiciary in India is impartial, hence cannot be influenced by internal or external factors. In the light of this discus how far media transgresses its limit and attempts to influence the judicial process. 20.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q6(c), source page 86.

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2014Paper IIQ7(a)Section B

Question 130

Copyright is the right of the artist, author, producer of a film who have created a work by use of their artistic skills." Examine infringement of copyright particularly relegating to video piracy and the remedies available under the law. 20.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q7(a), source page 84.

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2014Paper IIQ7(b)Section B

Question 131

The doctrine of "Public Trust" as propounded by Supreme Court has worked as an instrument for protection of Environment in India. Discuss. 15.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q7(b), source page 84.

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2014Paper IIQ8(a)Section B

Question 132

Right not to complete" is aright meant for promoting business through small groups called firms. Explain. 20.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q8(a), source page 86.

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2014Paper IIQ8(b)Section B

Question 133

By and large Lok-Adalats have failed in achieving the objects for which they were created." Comment. And also suggest some measures to make this institution more effective. 10.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q8(b), source page 86.

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2014Paper IIQ8(c)Section B

Question 134

'Cyber-terrorism is a well organized transborder criminal act, hence a combined domestic law supported by international law is necessary to effectively combat it.' Critically examine.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2014, Paper II, Q8(c), source page 86.

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2013Paper IIQ5(a)Section B

Question 135

Indemnity' has relation to the conduct either of the indemnifier himself or of a third party. A 'Guarantee' is always related to the conduct of a third party." Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q5(a), source page 78.

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2013Paper IIQ5(b)Section B

Question 136

Privity of contract is no longer a rule but only an exception." Explain in the context of modern transactions.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q5(b), source page 78.

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2013Paper IIQ5(c)Section B

Question 137

The copyright exists in expression but not in idea." Discuss with the helf of the provisions of Copyright Act and case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q5(c), source page 78.

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2013Paper IIQ5(d)Section B

Question 138

The principle of 'holding out' is based on the principle of estoppels." Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q5(d), source page 78.

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2013Paper IIQ5(e)Section B

Question 139

Once an instrument passes through the hands of a holder in due course, it is purged of all defects, it is true like a current coin." Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q5(e), source page 78.

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2013Paper IIQ6(a)Section B

Question 140

It has been a common statement of the law that while relief is available for certain kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party knew or had reason to know of the mistake." Critically examine the statement with leading case law. 25.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q6(a), source page 78.

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2013Paper IIQ6(b)Section B

Question 141

Critically analyse the term 'inventive steps' as incorporated under the Patent (Amendment) Act, 2005. Do you agree with the present definition? Reference recent case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q6(b), source page 78.

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2013Paper IIQ7(a)Section B

Question 142

An attempt by all political parties to bring amendments to the RTI Act, 2005 is to sabotage the steps towards transparency of governance in this country." Critically evaluate the statement. 25.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q7(a), source page 78.

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2013Paper IIQ7(b)Section B

Question 143

In matters such as enforcement of social, economic, cultural or political rights or civil liberties or gender concerns, courts in India have been inclined to apply relaxed rules of standing or litigational competence rather than strict rules of locus. Discuss. 25.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q7(b), source page 78.

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2013Paper IIQ8(a)Section B

Question 144

Competition Law in India has not achieved the result as was expected. Discuss the bottlenecks with which the Competition Commission has been confronted. Suggest remedies for making Competition Law more effective.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q8(a), source page 78.

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2013Paper IIQ8(b)Section B

Question 145

Corporate causing havoc to the wildlife existing on seashores is an extreme type of environmental crime. Discuss. Are there any direct legal remedies available against such corporations?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2013, Paper II, Q8(b), source page 78.

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2012Paper IIQ4(c)Section A

Question 146

A contractor was given comment for construction work by the Minor Irrigation Department of a Stake Government under a specific agreement that he would return unused cement but instead of doing so, he sold the cement to outsiders. Mentioning relevant legal provision, discuss what offence, it any, is committed by the contractor.

Capacity, Minor and Necessaries

Source reference: UPSC Law Optional 2012, Paper II, Q4(c), source page 71.

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2012Paper IIQ5(a)Section B

Question 147

Undue influence is said to be a subtle species of fraud whereby mastery is obtained over the mind of the victim by insidious approaches and seductive artifices." Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q5(a), source page 73.

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2012Paper IIQ5(b)Section B

Question 148

Quasi-contract consists of the contractual obligation which is entered upon not because the parties have consented to it, but because law does not allow a person to have unjustified benefit at the cost of other party." Explain the real basis of quasi-contracts with legal provisions and illustrations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q5(b), source page 73.

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2012Paper IIQ5(c)Section B

Question 149

Explain with illustration when may a principal unilaterally cancel and agency relation without incurring liability for breach of contract.

Agency and Representation

Source reference: UPSC Law Optional 2012, Paper II, Q5(c), source page 73.

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2012Paper IIQ5(d)Section B

Question 150

Discuss the law regarding dishonour of cheque for insufficiency, etc., of funds in the account.

Negotiable Instruments

Source reference: UPSC Law Optional 2012, Paper II, Q5(d), source page 73.

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2012Paper IIQ5(e)Section B

Question 151

What are the advantages and disadvantages of Alternative Dispute Resolution System?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q5(e), source page 73.

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2012Paper IIQ6(a)Section B

Question 152

"An irrational distrust of all standard form contract would be as dangerous as a facile acceptance and enforcement of these contracts." Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q6(a), source page 64.

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2012Paper IIQ6(b)Section B

Question 153

Briefly explain the meaning, scope and applicability of the doctrine of frustration under the law of contract.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q6(b), source page 64.

Direct link to this question

What this archive covers

'Arbitration, as an alternate method of adjudication, is acceptable to parties largely irrespective of the nature of the dispute.' Critically examine.

The actual concept of partnership from 'people sharing to the profit' to 'mutual responsibility' was the outcome of the decision in Cox V. Hickman case. Elaborate. 10.

The liability of sub-agent towards principal is not direct, except in case of fraud and willful wrong." Explain giving reasons. 10.

Judiciary in India is impartial, hence cannot be influenced by internal or external factors. In the light of this discus how far media transgresses its limit and attempts to influence the judicial process. 20.

Copyright is the right of the artist, author, producer of a film who have created a work by use of their artistic skills." Examine infringement of copyright particularly relegating to video piracy and the remedies available under the law. 20.

The doctrine of "Public Trust" as propounded by Supreme Court has worked as an instrument for protection of Environment in India. Discuss. 15.

Right not to complete" is aright meant for promoting business through small groups called firms. Explain. 20.

By and large Lok-Adalats have failed in achieving the objects for which they were created." Comment. And also suggest some measures to make this institution more effective. 10.

'Cyber-terrorism is a well organized transborder criminal act, hence a combined domestic law supported by international law is necessary to effectively combat it.' Critically examine.

Indemnity' has relation to the conduct either of the indemnifier himself or of a third party. A 'Guarantee' is always related to the conduct of a third party." Elucidate.

Privity of contract is no longer a rule but only an exception." Explain in the context of modern transactions.

The copyright exists in expression but not in idea." Discuss with the helf of the provisions of Copyright Act and case law.

The principle of 'holding out' is based on the principle of estoppels." Elucidate.

Once an instrument passes through the hands of a holder in due course, it is purged of all defects, it is true like a current coin." Explain.

It has been a common statement of the law that while relief is available for certain kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party knew or had reason to know of the mistake." Critically examine the statement with leading case law. 25.

Critically analyse the term 'inventive steps' as incorporated under the Patent (Amendment) Act, 2005. Do you agree with the present definition? Reference recent case law.

An attempt by all political parties to bring amendments to the RTI Act, 2005 is to sabotage the steps towards transparency of governance in this country." Critically evaluate the statement. 25.

In matters such as enforcement of social, economic, cultural or political rights or civil liberties or gender concerns, courts in India have been inclined to apply relaxed rules of standing or litigational competence rather than strict rules of locus. Discuss. 25.

Competition Law in India has not achieved the result as was expected. Discuss the bottlenecks with which the Competition Commission has been confronted. Suggest remedies for making Competition Law more effective.

Corporate causing havoc to the wildlife existing on seashores is an extreme type of environmental crime. Discuss. Are there any direct legal remedies available against such corporations?

Undue influence is said to be a subtle species of fraud whereby mastery is obtained over the mind of the victim by insidious approaches and seductive artifices." Explain.

Explain with illustration when may a principal unilaterally cancel and agency relation without incurring liability for breach of contract.

Discuss the law regarding dishonour of cheque for insufficiency, etc., of funds in the account.

What are the advantages and disadvantages of Alternative Dispute Resolution System?

"An irrational distrust of all standard form contract would be as dangerous as a facile acceptance and enforcement of these contracts." Discuss.

Briefly explain the meaning, scope and applicability of the doctrine of frustration under the law of contract.

Other Law Optional subjects