UPSC Law Optional, Paper I and II

Contract and Mercantile Law UPSC Law Optional PYQs, Page 9

UPSC Law Optional Contract and Mercantile Law previous year questions 247-277 of 277, arranged for doctrine revision, case-law planning, and answer writing.

277 questions247-277 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

2003Paper IIQ8(a)Section B

Question 247

What is meant by "Reconstitution of a firm"? In what circumstances can a partnership firm be reconstituted? Refer to the relevant statutory provisions and the decided cases in your answer.

Partnership and Business Relations

Source reference: UPSC Law Optional 2003, Paper II, Q8(a), source page 12.

Direct link to this question

2003Paper IIQ8(b)Section B

Question 248

How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an appointment of an arbitrator be challenged?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2003, Paper II, Q8(b), source page 12.

Direct link to this question

2002Paper IIQ4(b)Section A

Question 249

To know whether a person occupies the position of an agent or not, the law has to go by his functions and the substance of the transaction and not the parties terminology.

Agency and Representation

Source reference: UPSC Law Optional 2002, Paper II, Q4(b), source page 8.

Direct link to this question

2002Paper IIQ5(a)Section B

Question 250

Law relating to coercion and undue influence has a feature in each which is uncommon to the legal system as a whole. Explain with illustrations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q5(a), source page 9.

Direct link to this question

2002Paper IIQ5(b)Section B

Question 251

Legal framework of offer and acceptance does not favour protection of consumers interests. Critically examine with illustrations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q5(b), source page 9.

Direct link to this question

2002Paper IIQ5(c)Section B

Question 252

There is a very limited application of law relating to agreement in restraint of trade in India. Critically exmine the statement and suggest the area of limitations.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q5(c), source page 9.

Direct link to this question

2002Paper IIQ5(d)Section B

Question 253

Even where the party seeking recession is not in a position to restore to the defendant his status quo ante, the courts may allow by doing what is practically just in the circumstances.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q5(d), source page 9.

Direct link to this question

2002Paper IIQ6(a)Section B

Question 254

How do you distinguish the nature and features of the following transactions? (i) A agree to buy a motor-cycle from M/ s Eastern Traders on terms that on delivery of the motorcycle to A, A will pay the price in instalments along with interest for the motor-cycle in 24 monthly instalments. (ii) M/s Eastern Traders agrees to give possession of a motorcycle to A on terms that A would pay down Rs. 5,000 and thereafter Rupees Three Thousand every month for 12 months. After the payment of all instalments only the vehicle would be registered in the name of A.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q6(a), source page 9.

Direct link to this question

2002Paper IIQ6(b)Section B

Question 255

There is a possibility that a minor admitted to the benefit of partnership may not know long after his attaining majority that he is admitted to the benefits of partnership. Hence the principle of equity may adversely affect the interest of the minor. Critically examine the statements and justify with reasons.

Capacity, Minor and Necessaries

Source reference: UPSC Law Optional 2002, Paper II, Q6(b), source page 9.

Direct link to this question

2002Paper IIQ7(a)Section B

Question 256

What conditions an instrument must possess to become negotiable? How do you distinguish negotiability from endorsement? Explain with illustrations, (b) What is unfair trade practices? Explain why the following transactions are or are not unfair trade practice(s): (i) selling renovated goods as original; (ii) exaggerating usefulness of a product; (iii) suggesting a trade name for the product, which belong to another.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2002, Paper II, Q7(a), source page 7.

Direct link to this question

2002Paper IIQ8(a)Section B

Question 257

Discuss the rights and obligations of undisclosed principal and his agent vis-a-vis the other party to the contract.

Agency and Representation

Source reference: UPSC Law Optional 2002, Paper II, Q8(a), source page 7.

Direct link to this question

2002Paper IIQ8(b)Section B

Question 258

'The Arbitration and Conciliation Act, 1996 contains provisions for effective use of Arbitration as an alternate model of justice.' -Do you agree? Explain your answer with suitable illustrations.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2002, Paper II, Q8(b), source page 7.

Direct link to this question

2001Paper IIQ5(a)Section B

Question 259

The test of contractual intention is objective, not subjective." Discuss.

Formation, Consideration and Intention

Source reference: UPSC Law Optional 2001, Paper II, Q5(a), source page 5.

Direct link to this question

2001Paper IIQ5(b)Section B

Question 260

'An act done at the promisor's desire furnishes a good consideration for his promise even though it is of no significance or personal benefit to him.' Discuss.

Formation, Consideration and Intention

Source reference: UPSC Law Optional 2001, Paper II, Q5(b), source page 5.

Direct link to this question

2001Paper IIQ5(c)Section B

Question 261

'There are definite rules for ascertaining the intention of the parties as to time when the property in the specific goods is to pass to the buyer.' Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2001, Paper II, Q5(c), source page 5.

Direct link to this question

2001Paper IIQ5(d)Section B

Question 262

Once a bearer instrument is always a bearer instrument." Discuss.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2001, Paper II, Q5(d), source page 5.

Direct link to this question

2001Paper IIQ6(a)Section B

Question 263

'An agency coupled with interest cannot be terminated in the absence of an express contract.' Discuss. Also discuss when an agency is irrevocable.

Agency and Representation

Source reference: UPSC Law Optional 2001, Paper II, Q6(a), source page 5.

Direct link to this question

2001Paper IIQ6(b)Section B

Question 264

'A' sold 100 bales of cotton to 'B' for a sum of Rs. 50,000. 'A' had not received the pthe price but he sent the railway receipt to 'B' without reserving his right of dthe railway receipt to 'C, a bonafide purchaser for value.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2001, Paper II, Q6(b), source page 5.

Direct link to this question

2001Paper IIQ7(a)Section B

Question 265

Distinguish between partnership by estoppel and partnership by holding out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act.

Partnership and Business Relations

Source reference: UPSC Law Optional 2001, Paper II, Q7(a), source page 5.

Direct link to this question

2001Paper IIQ7(b)Section B

Question 266

The defendant husband and his wife lived in a suite of a hotel where he was the manager athe wife acted as manageress. They had no domestic establishment of their own. The wwith a tradesman a debt for clothes, payment of which was demanded from the hDiscuss the liability of the husband to pay off the debt.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2001, Paper II, Q7(b), source page 5.

Direct link to this question

2001Paper IIQ8(a)Section B

Question 267

Discuss the circumstances in which a bill of exchange is said to be dishonoured. What are the consequences of such dishonour?

Negotiable Instruments

Source reference: UPSC Law Optional 2001, Paper II, Q8(a), source page 6.

Direct link to this question

2001Paper IIQ8(b)Section B

Question 268

Define and explain 'international commercial agreement' and 'arbitration agreement' under the Arbitration and Conciliation Act, 1996.

Arbitration and Commercial Procedure

Source reference: UPSC Law Optional 2001, Paper II, Q8(b), source page 6.

Direct link to this question

2000Paper IIQ5(a)Section B

Question 269

A minor is liable to pay out of his property for necessaries supplied to him. Discuss with the help of decided cases.

Capacity, Minor and Necessaries

Source reference: UPSC Law Optional 2000, Paper II, Q5(a), source page 2.

Direct link to this question

2000Paper IIQ5(b)Section B

Question 270

Public policy was a very unruly horse and when once you get astride it you never know where it will carry you."(Burrough, J.) Examine relevancy of this statement under the Indian Law.

Public Policy and Validity

Source reference: UPSC Law Optional 2000, Paper II, Q5(b), source page 2.

Direct link to this question

2000Paper IIQ5(c)Section B

Question 271

A transport company refuses to deliver certain goods to the consignee except upon the payment of illegal charge of carriage. The consignee pays the sum charged in order to obtain the goods. Discuss the rights of the consignee as against the transport company.

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2000, Paper II, Q5(c), source page 2.

Direct link to this question

2000Paper IIQ5(d)Section B

Question 272

(i) Explain how far the rule of Caveat Emptor has undergone changes, especially after the passing of the Consumer Protection Act. (ii) Examine the principle that time is of the essence of contract.

Public Policy and Validity

Source reference: UPSC Law Optional 2000, Paper II, Q5(d), source page 2.

Direct link to this question

2000Paper IIQ6(a)Section B

Question 273

What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract?

Contract and Mercantile Law - General

Source reference: UPSC Law Optional 2000, Paper II, Q6(a), source page 2.

Direct link to this question

2000Paper IIQ6(b)Section B

Question 274

What is meant by material alternation of a negotiable instrument? What is the legal effect of such material alternation? (ii) A dismissed his servant B from service and for his wages gave him a draft in the following words "Mr. X will much oblige Mr. A by paying to Mr. B or order Rs. 200 on his account - A". Is this draft a bill of exchange?

Negotiable Instruments

Source reference: UPSC Law Optional 2000, Paper II, Q6(b), source page 2.

Direct link to this question

2000Paper IIQ7(a)Section B

Question 275

Explain the circumstances under which a partnership firm is said to be reconstituted,.

Partnership and Business Relations

Source reference: UPSC Law Optional 2000, Paper II, Q7(a), source page 3.

Direct link to this question

2000Paper IIQ8(a)Section B

Question 276

What is forgery? What are the effect of forged indorsement on a negotiable instrument? (ii) What is passing of the property where the goods are unascertainable?

Negotiable Instruments

Source reference: UPSC Law Optional 2000, Paper II, Q8(a), source page 3.

Direct link to this question

2000Paper IIQ8(b)Section B

Question 277

Critically examine the utility of the Monopolies and Restrictive Trade Practices Act, 1969 in the days of liberalisation, globalisation and privatisation.

Consumer, Competition and Market Regulation

Source reference: UPSC Law Optional 2000, Paper II, Q8(b), source page 3.

Direct link to this question

What this archive covers

What is meant by "Reconstitution of a firm"? In what circumstances can a partnership firm be reconstituted? Refer to the relevant statutory provisions and the decided cases in your answer.

How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an appointment of an arbitrator be challenged?

To know whether a person occupies the position of an agent or not, the law has to go by his functions and the substance of the transaction and not the parties terminology.

Law relating to coercion and undue influence has a feature in each which is uncommon to the legal system as a whole. Explain with illustrations.

Legal framework of offer and acceptance does not favour protection of consumers interests. Critically examine with illustrations.

There is a very limited application of law relating to agreement in restraint of trade in India. Critically exmine the statement and suggest the area of limitations.

Even where the party seeking recession is not in a position to restore to the defendant his status quo ante, the courts may allow by doing what is practically just in the circumstances.

Discuss the rights and obligations of undisclosed principal and his agent vis-a-vis the other party to the contract.

'The Arbitration and Conciliation Act, 1996 contains provisions for effective use of Arbitration as an alternate model of justice.' -Do you agree? Explain your answer with suitable illustrations.

The test of contractual intention is objective, not subjective." Discuss.

'An act done at the promisor's desire furnishes a good consideration for his promise even though it is of no significance or personal benefit to him.' Discuss.

'There are definite rules for ascertaining the intention of the parties as to time when the property in the specific goods is to pass to the buyer.' Discuss.

Once a bearer instrument is always a bearer instrument." Discuss.

'An agency coupled with interest cannot be terminated in the absence of an express contract.' Discuss. Also discuss when an agency is irrevocable.

'A' sold 100 bales of cotton to 'B' for a sum of Rs. 50,000. 'A' had not received the pthe price but he sent the railway receipt to 'B' without reserving his right of dthe railway receipt to 'C, a bonafide purchaser for value.

Distinguish between partnership by estoppel and partnership by holding out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act.

Discuss the circumstances in which a bill of exchange is said to be dishonoured. What are the consequences of such dishonour?

Define and explain 'international commercial agreement' and 'arbitration agreement' under the Arbitration and Conciliation Act, 1996.

A minor is liable to pay out of his property for necessaries supplied to him. Discuss with the help of decided cases.

Public policy was a very unruly horse and when once you get astride it you never know where it will carry you."(Burrough, J.) Examine relevancy of this statement under the Indian Law.

A transport company refuses to deliver certain goods to the consignee except upon the payment of illegal charge of carriage. The consignee pays the sum charged in order to obtain the goods. Discuss the rights of the consignee as against the transport company.

(i) Explain how far the rule of Caveat Emptor has undergone changes, especially after the passing of the Consumer Protection Act. (ii) Examine the principle that time is of the essence of contract.

What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract?

Explain the circumstances under which a partnership firm is said to be reconstituted,.

What is forgery? What are the effect of forged indorsement on a negotiable instrument? (ii) What is passing of the property where the goods are unascertainable?

Critically examine the utility of the Monopolies and Restrictive Trade Practices Act, 1969 in the days of liberalisation, globalisation and privatisation.

Other Law Optional subjects