UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 6

UPSC Law Optional Contract and Mercantile Law previous year questions 154-184 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions154-184 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

2012Paper IIQ7(a)Section B

Question 154

Under what circumstance 'breach of condition' may be treaded as 'breach of warranty' under the Sale of Goods Act? Discuss.

Sale of Goods and Commercial Transfer

Source reference: UPSC Law Optional 2012, Paper II, Q7(a), source page 75.

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2012Paper IIQ7(b)Section B

Question 155

Public interest litigation s not in the nature of adversary litigation but it is a challenge and its officers to make basic human rights meaningful to the deprived and vulnerable sections of community to assure them social and economic justice which is the signature tune of our Constitution." Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q7(b), source page 75.

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2012Paper IIQ8(a)Section B

Question 156

During high publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused will not be able to live the rest of his life without intense public scrutiny." How would you reconcile the 'freedom of the press' and the "individual's right to privacy and right to a fair trial"? Do you think that trial by media amounts to "contempt of court" and needs to be punished?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q8(a), source page 75.

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2012Paper IIQ8(b)Section B

Question 157

A television was displayed on a Web site owned by XYZ Distributors for sale at a price of Rs. 79.99. Hundreds of customers ordered the television but the retailer refused to fill the orders on the ground that they had been incorrectly priced by mistake. The correct price was Rs. 7,999. Explain the liability, if any, arising out of the above-mentioned communications. Give reasons.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q8(b), source page 75.

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2012Paper IIQ8(c)Section B

Question 158

In a correct between A and B, security deposit was taken by A from B to ensure due performance of the contract. B committed default in performance though no actual loss had arisen. A forfeited the deposit for fault of B. B claimed that forfeiture of deposit is not valid in law. How would you decide? Give reasons.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2012, Paper II, Q8(c), source page 75.

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2011Paper IIQ5(a)Section B

Question 159

Standard from contracts exist in complete disregard to the established principles of freedom of contract and equality of bargaining power of the parties." Elucidate.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q5(a), source page 57.

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2011Paper IIQ5(b)Section B

Question 160

There can be no contract of guarantee unless there is someone primarily liable." Comment.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q5(b), source page 57.

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2011Paper IIQ5(c)Section B

Question 161

The great element of negotiability is the acquisition of property by your own conduct, not by another's, that if you take it bonafide and for value nobody can deprive you of it." Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q5(c), source page 57.

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2011Paper IIQ5(d)Section B

Question 162

Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute Resolution Schemes." Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q5(d), source page 57.

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2011Paper IIQ6(a)Section B

Question 163

Ratification is a kind of affirmation of unauthorized acts." Critically examine. Is there any different between 'agency by estoppel' and 'agency by ratification'? Discuss.

Agency and Representation

Source reference: UPSC Law Optional 2011, Paper II, Q6(a), source page 52.

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2011Paper IIQ6(b)Section B

Question 164

A Central Government Medical Research Institute in collaboration with an MNC used a drug on experimental basis on humans for curing cancer. Some of the patients died due to this drug. In order to sue for compensation for such victims and violation of right to privacy, Mr. X, a relative of a deceased patient sought information through the instrumentality of Right to Information Act. The information was refused on the ground that it affects the contracting power of the Central Government with foreign companies and violates trade secrets too. Decide.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q6(b), source page 52.

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2011Paper IIQ7(a)Section B

Question 165

Competition Law needs to have necessary provisions and teeth to examine and adjudicate upon anti-competitive practices." Examine and evaluate this statement in the context of the Competition Act, 2012.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q7(a), source page 61.

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2011Paper IIQ7(b)Section B

Question 166

The rise of Environmental Crimes in spite of Environmental Legislations is due to absence of adequate punitive methods of sentencing." Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q7(b), source page 61.

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2011Paper IIQ8(a)Section B

Question 167

Passing of property and delivery of goods are two different concepts." Explain with the help of provisions of The Sale of Goods Act and case law.

Sale of Goods and Commercial Transfer

Source reference: UPSC Law Optional 2011, Paper II, Q8(a), source page 61.

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2011Paper IIQ8(b)Section B

Question 168

What is securing of digital signature under the Information Technology Act, 2000? State the duty of distance of the Certifying Authority.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2011, Paper II, Q8(b), source page 61.

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2010Paper IIQ5(a)Section B

Question 169

On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into the contract. Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q5(a), source page 47.

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2010Paper IIQ5(b)Section B

Question 170

The very object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Expand the laity of the suety.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q5(b), source page 47.

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2010Paper IIQ5(c)Section B

Question 171

What do you understand by a Promissory Note? Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q5(c), source page 47.

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2010Paper IIQ5(d)Section B

Question 172

Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain.

Partnership and Business Relations

Source reference: UPSC Law Optional 2010, Paper II, Q5(d), source page 47.

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2010Paper IIQ6(a)Section B

Question 173

The competition Act is designed to prevent monopolies and unfair trade practices against smaller competitors and consuming public elucidate.

Consumer, Competition and Market Regulation

Source reference: UPSC Law Optional 2010, Paper II, Q6(a), source page 49.

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2010Paper IIQ6(b)Section B

Question 174

Public interest Litigation has been a significant tool in protecting the environment Discuss with the help of cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q6(b), source page 49.

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2010Paper IIQ7(a)Section B

Question 175

An impartial and independent conciliator assists the parties in resolving their dispute amicably. Discuss the provisions of law relating to conciliation.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2010, Paper II, Q7(a), source page 49.

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2010Paper IIQ7(b)Section B

Question 176

Distinguish between 'Foreign Award' and the enforcement of 'Foreign Award' with the help of case law.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q7(b), source page 49.

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2010Paper IIQ8(a)Section B

Question 177

Examine the legal recognition of 'Digital Signature' and explain the procedure for its registration under the information Technology Act.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q8(a), source page 49.

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2010Paper IIQ8(b)Section B

Question 178

The principle of passing off' in an action has been extended to theuse of 'false trade description. Explain the conditions for two successful passing off action and the defenses available to the opposite party.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2010, Paper II, Q8(b), source page 49.

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2009Paper IIQ5(a)Section B

Question 179

'An invitation to treat is not an offer'. Explain.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2009, Paper II, Q5(a), source page 33.

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2009Paper IIQ5(b)Section B

Question 180

'An attempt at deceit which does not deceive is not fraud.' Do you agree?

FraudMisrepresentationContract Law

Source reference: UPSC Law Optional 2009, Paper II, Q5(b), source page 33.

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2009Paper IIQ5(c)Section B

Question 181

"A cheque marked 'not negotiable' is nevertheless negotiable." Comment.

Negotiable InstrumentsChequeNot Negotiable

Source reference: UPSC Law Optional 2009, Paper II, Q5(c), source page 33.

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2009Paper IIQ5(d)Section B

Question 182

'A quantum meruit, although a quasi contract, arises out of a contract.' Comment.

Quantum MeruitQuasi ContractContract Law

Source reference: UPSC Law Optional 2009, Paper II, Q5(d), source page 33.

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2009Paper IIQ6(a)Section B

Question 183

'Information Technology - brought about by Computers, Internet and Cyberspace - has posed new problems in jurisprudence.' In the context of this statement, critically examine how far our existing laws are deficient in meeting these challenges.

Cyber LawInformation TechnologyMercantile Law

Source reference: UPSC Law Optional 2009, Paper II, Q6(a), source page 34.

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2009Paper IIQ6(b)Section B

Question 184

'The essential characteristic of an agent is that he is invested with a legal power to alter his principal's legal relations with third parties; the principal is under a co-relative liability to have his legal relations altered.' Discuss. A enters into a contract with B to sell him 500 bales of cotton and afterwards discovers that B was acting as agent for C. Who is liable to A for the price of the cotton?

AgencyContract LawPrincipal and Agent

Source reference: UPSC Law Optional 2009, Paper II, Q6(b), source page 34.

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What this archive covers

Under what circumstance 'breach of condition' may be treaded as 'breach of warranty' under the Sale of Goods Act? Discuss.

Standard from contracts exist in complete disregard to the established principles of freedom of contract and equality of bargaining power of the parties." Elucidate.

There can be no contract of guarantee unless there is someone primarily liable." Comment.

The great element of negotiability is the acquisition of property by your own conduct, not by another's, that if you take it bonafide and for value nobody can deprive you of it." Explain.

Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute Resolution Schemes." Discuss.

Ratification is a kind of affirmation of unauthorized acts." Critically examine. Is there any different between 'agency by estoppel' and 'agency by ratification'? Discuss.

Competition Law needs to have necessary provisions and teeth to examine and adjudicate upon anti-competitive practices." Examine and evaluate this statement in the context of the Competition Act, 2012.

The rise of Environmental Crimes in spite of Environmental Legislations is due to absence of adequate punitive methods of sentencing." Discuss.

Passing of property and delivery of goods are two different concepts." Explain with the help of provisions of The Sale of Goods Act and case law.

What is securing of digital signature under the Information Technology Act, 2000? State the duty of distance of the Certifying Authority.

On breach of contract only such loss can be recovered as was in the contemplation of both the parties at the time of entering into the contract. Discuss.

The very object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Expand the laity of the suety.

What do you understand by a Promissory Note? Discuss.

Mere cessation of trading does not result in dissolution of a partnership. Rights and liabilities need to be settled between the partners. Explain.

The competition Act is designed to prevent monopolies and unfair trade practices against smaller competitors and consuming public elucidate.

Public interest Litigation has been a significant tool in protecting the environment Discuss with the help of cases.

An impartial and independent conciliator assists the parties in resolving their dispute amicably. Discuss the provisions of law relating to conciliation.

Distinguish between 'Foreign Award' and the enforcement of 'Foreign Award' with the help of case law.

Examine the legal recognition of 'Digital Signature' and explain the procedure for its registration under the information Technology Act.

The principle of passing off' in an action has been extended to theuse of 'false trade description. Explain the conditions for two successful passing off action and the defenses available to the opposite party.

'An invitation to treat is not an offer'. Explain.

'An attempt at deceit which does not deceive is not fraud.' Do you agree?

"A cheque marked 'not negotiable' is nevertheless negotiable." Comment.

'A quantum meruit, although a quasi contract, arises out of a contract.' Comment.

'Information Technology - brought about by Computers, Internet and Cyberspace - has posed new problems in jurisprudence.' In the context of this statement, critically examine how far our existing laws are deficient in meeting these challenges.

Other Law Optional subjects