UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 7

UPSC Law Optional Contract and Mercantile Law previous year questions 185-215 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions185-215 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

2009Paper IIQ7(a)Section B

Question 185

'As an agreement is an essential ingredient in a Partnership, it follows that a minor cannot enter into an agreement of Partnership.' Critically examine this statement and discuss the circumstances under which the Indian Partnership Act permits a minor to participate in the benefit of partnership.

PartnershipMinor in PartnershipIndian Partnership Act

Source reference: UPSC Law Optional 2009, Paper II, Q7(a), source page 35.

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2009Paper IIQ7(b)Section B

Question 186

Explain the concept of 'Holder' and 'Holder in due course' as envisaged in the Negotiable Instruments Act, and also examine the privileges and protections to which they are entitled under the Act. Illustrate your answer with decided cases.

Negotiable InstrumentsHolderHolder in Due Course

Source reference: UPSC Law Optional 2009, Paper II, Q7(b), source page 36.

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2009Paper IIQ8(a)Section B

Question 187

Distinguish between 'Contract of indemnity' and 'Contract of guarantee', citing relevant provisions and case laws.

Contract of IndemnityContract of GuaranteeContract Law

Source reference: UPSC Law Optional 2009, Paper II, Q8(a), source page 37.

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2009Paper IIQ8(b)Section B

Question 188

Distinguish between 'Specific offer' and 'General offer', citing relevant provisions and case laws.

OfferContract LawSpecific OfferGeneral Offer

Source reference: UPSC Law Optional 2009, Paper II, Q8(b), source page 37.

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2009Paper IIQ8(c)Section B

Question 189

Distinguish between 'Sale' and 'hire purchase' agreement, citing relevant provisions and case laws.

SaleHire PurchaseContract Law

Source reference: UPSC Law Optional 2009, Paper II, Q8(c), source page 37.

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2008Paper IIQ5(a)Section B

Question 190

For giving rise to a valid contract, there must be consensus ad-idem among the contracting parties." Explain this statement.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q5(a), source page 26.

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2008Paper IIQ5(b)Section B

Question 191

Law as well as justice should try to prevent unjust enrichment." Critically examine this statement in relation to quasi-contracts.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q5(b), source page 26.

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2008Paper IIQ5(c)Section B

Question 192

Liability of the surety is secondary." Comment.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q5(c), source page 26.

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2008Paper IIQ5(d)Section B

Question 193

The rule of Caveat Emptor does not mean that the buyer must take a chance, it means that the buyer must take care." Explain with exceptions, if any.

Public Policy and Validity

Source reference: UPSC Law Optional 2008, Paper II, Q5(d), source page 26.

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2008Paper IIQ6(a)Section B

Question 194

The effects of non-registration of partnership firm are so fatal that ordinarily the firms are registered." Explain with the help of legal provisions and decided cases.

Partnership and Business Relations

Source reference: UPSC Law Optional 2008, Paper II, Q6(a), source page 26.

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2008Paper IIQ6(b)Section B

Question 195

Every contract of guarantee is a contract of indemnity but every contract of indemnity is not a contract of guarantee." Elaborate. 'A' and 'B' go to a shop. 'A' says to the shopkeeper, "let B take goods from your shop and if he does not pay, I will pay". What kind of contract is this? Give reasons.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q6(b), source page 26.

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2008Paper IIQ7(a)Section B

Question 196

The object of Sec. 138 of the Negotiable Instruments Act, 1881 is to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments." Elucidate with the help of the latest Supreme Court cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q7(a), source page 26.

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2008Paper IIQ7(b)Section B

Question 197

The "precautionary principle" and the "polluter pays principle" are the parts of the environment law of this country. Explain in the light of decided cases.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q7(b), source page 26.

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2008Paper IIQ8(a)Section B

Question 198

"Intellectual property of whatever species is in the nature of intangible incorporal property." In the light of this statement discuss the scope of intellectual property rights in India..

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q8(a), source page 25.

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2008Paper IIQ8(b)Section B

Question 199

Cyber crime is a collective term encompassing both 'cyber contraventions' and 'cyber offences'. "Explain this statement and discuss the various offences enumerated in the Information Technology Act, 2000.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2008, Paper II, Q8(b), source page 25.

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2007Paper IIQ5(a)Section B

Question 200

All illegal agreements are void but all void agreements are not illegal. Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q5(a), source page 23.

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2007Paper IIQ5(b)Section B

Question 201

'A contract cannot be enforced by a person who is not a party to it though it is made for his benefit.' Examine with judicial pronouncements and exceptions.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q5(b), source page 23.

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2007Paper IIQ5(c)Section B

Question 202

Explain the meaning of 'free consent' as an essential element of a valid contract and enumerate the factors vitiating it.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q5(c), source page 23.

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2007Paper IIQ5(d)Section B

Question 203

What is meant by the doctrine of "supervening impossibility"? Under what circumstances the "supervening impossibility" may arise?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q5(d), source page 23.

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2007Paper IIQ6(a)Section B

Question 204

The general rules as regards to transfer of title is "nemo dat quod non habet" (No one can gwhat he does not himself possess). Critically examine the rule highlighting its ein the light of statutory provisions.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q6(a), source page 23.

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2007Paper IIQ6(b)Section B

Question 205

Under what circumstances a partnership firm may be dissolved by the intervention of the.

Partnership and Business Relations

Source reference: UPSC Law Optional 2007, Paper II, Q6(b), source page 23.

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2007Paper IIQ7(a)Section B

Question 206

'Sharing of profits is not conclusive evidence of the existence of a partnership firm.' Describe the essential elements to constitute a partnership firm.

Partnership and Business Relations

Source reference: UPSC Law Optional 2007, Paper II, Q7(a), source page 23.

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2007Paper IIQ7(b)Section B

Question 207

Discuss the rights of 'unpaid seller' against the goods as described under the Sale of.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2007, Paper II, Q7(b), source page 23.

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2007Paper IIQ8(a)Section B

Question 208

Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons.

Capacity, Minor and Necessaries

Source reference: UPSC Law Optional 2007, Paper II, Q8(a), source page 24.

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2007Paper IIQ8(b)Section B

Question 209

What is meant by 'material alteration' in the negotiable instrument? Under what cthe negotiable instrument may be treated as material alteration uState the effect of such alteration.

Negotiable Instruments

Source reference: UPSC Law Optional 2007, Paper II, Q8(b), source page 24.

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2006Paper IIQ5(a)Section B

Question 210

"Insufficiency of consideration is immaterial, but an agreement without consideration is void." Discuss.

Formation, Consideration and Intention

Source reference: UPSC Law Optional 2006, Paper II, Q5(a), source page 20.

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2006Paper IIQ5(b)Section B

Question 211

Distinguish an offer from a quotation or an invitation to offer with the help of illustrations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2006, Paper II, Q5(b), source page 20.

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2006Paper IIQ5(c)Section B

Question 212

Is a party rightfully rescinding the contract entitled to compensation? Explain with the help of examples.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2006, Paper II, Q5(c), source page 20.

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2006Paper IIQ5(d)Section B

Question 213

Every agreement in restraint of the marriage of any person, other than a minor, is void. Discuss.

Capacity, Minor and Necessaries

Source reference: UPSC Law Optional 2006, Paper II, Q5(d), source page 20.

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2006Paper IIQ6(a)Section B

Question 214

'Agency in law connotes an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties.' Critically discuss the concept of 'agency'. Explain the duties of an agent to his principal.

Agency and Representation

Source reference: UPSC Law Optional 2006, Paper II, Q6(a), source page 21.

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2006Paper IIQ6(b)Section B

Question 215

X, a wholesale cloth dealer, appoints Y as his agent for the sale of cloth on the basis of 5% commission on the sale made by him. Y had an agreement with his principal X that he could retain part of the same amount of goods to adjust the commission due to him. X terminates the agency of Y. Y refuses to hand over the cloth in his possession to X, and claims that he is vested with authority coupled with interest and that the agency cannot be terminated. Decide.

Agency and Representation

Source reference: UPSC Law Optional 2006, Paper II, Q6(b), source page 21.

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What this archive covers

'As an agreement is an essential ingredient in a Partnership, it follows that a minor cannot enter into an agreement of Partnership.' Critically examine this statement and discuss the circumstances under which the Indian Partnership Act permits a minor to participate in the benefit of partnership.

Explain the concept of 'Holder' and 'Holder in due course' as envisaged in the Negotiable Instruments Act, and also examine the privileges and protections to which they are entitled under the Act. Illustrate your answer with decided cases.

Distinguish between 'Contract of indemnity' and 'Contract of guarantee', citing relevant provisions and case laws.

Distinguish between 'Specific offer' and 'General offer', citing relevant provisions and case laws.

Distinguish between 'Sale' and 'hire purchase' agreement, citing relevant provisions and case laws.

For giving rise to a valid contract, there must be consensus ad-idem among the contracting parties." Explain this statement.

Law as well as justice should try to prevent unjust enrichment." Critically examine this statement in relation to quasi-contracts.

Liability of the surety is secondary." Comment.

The rule of Caveat Emptor does not mean that the buyer must take a chance, it means that the buyer must take care." Explain with exceptions, if any.

The effects of non-registration of partnership firm are so fatal that ordinarily the firms are registered." Explain with the help of legal provisions and decided cases.

Every contract of guarantee is a contract of indemnity but every contract of indemnity is not a contract of guarantee." Elaborate. 'A' and 'B' go to a shop. 'A' says to the shopkeeper, "let B take goods from your shop and if he does not pay, I will pay". What kind of contract is this? Give reasons.

The object of Sec. 138 of the Negotiable Instruments Act, 1881 is to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments." Elucidate with the help of the latest Supreme Court cases.

The "precautionary principle" and the "polluter pays principle" are the parts of the environment law of this country. Explain in the light of decided cases.

"Intellectual property of whatever species is in the nature of intangible incorporal property." In the light of this statement discuss the scope of intellectual property rights in India..

Cyber crime is a collective term encompassing both 'cyber contraventions' and 'cyber offences'. "Explain this statement and discuss the various offences enumerated in the Information Technology Act, 2000.

All illegal agreements are void but all void agreements are not illegal. Discuss.

'A contract cannot be enforced by a person who is not a party to it though it is made for his benefit.' Examine with judicial pronouncements and exceptions.

Explain the meaning of 'free consent' as an essential element of a valid contract and enumerate the factors vitiating it.

What is meant by the doctrine of "supervening impossibility"? Under what circumstances the "supervening impossibility" may arise?

The general rules as regards to transfer of title is "nemo dat quod non habet" (No one can gwhat he does not himself possess). Critically examine the rule highlighting its ein the light of statutory provisions.

Under what circumstances a partnership firm may be dissolved by the intervention of the.

'Sharing of profits is not conclusive evidence of the existence of a partnership firm.' Describe the essential elements to constitute a partnership firm.

Discuss the rights of 'unpaid seller' against the goods as described under the Sale of.

Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons.

What is meant by 'material alteration' in the negotiable instrument? Under what cthe negotiable instrument may be treated as material alteration uState the effect of such alteration.

"Insufficiency of consideration is immaterial, but an agreement without consideration is void." Discuss.

Distinguish an offer from a quotation or an invitation to offer with the help of illustrations.

Is a party rightfully rescinding the contract entitled to compensation? Explain with the help of examples.

Every agreement in restraint of the marriage of any person, other than a minor, is void. Discuss.

'Agency in law connotes an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties.' Critically discuss the concept of 'agency'. Explain the duties of an agent to his principal.

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