Law of Contracts I877 U5hVzSeDIu

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KIRIT P. MEHTA SCHOOL OF LAW / SCHOOL OF LA +-`.. -i *
AcademicYear: 2021 -2022
Year: I Semester: H
Program: 8. B.quoNs.) ; B.B.A., LL.B.uroNs.j
Batch: 2021-2026
:ruob::=L:*Arfntracts I
Time:11:00 am to 01:00 pin 2 (hrs)
Date : 06 July 2022
No. of pages: 2
Marks: 50
FINAL EXAnmrATloN
•IEstructions:CandidatesshouldreadcarefuHytheinstructionsprintedonthequestionpaper
and on the cover of the Answer Book, which is provided for their use.
1) In all questions to be attempted. `
2) Answer to each new question to be started on a fresh page.
3) Figures in brackets on the right-hand side indicate full marks.
4) Section C contains 3 questions out of which students are expected to attempt any
two (each question 10 rna.rks).
5) Answer in neat and legible hand writing.
6) Quote relevant case law where necessary.
Section A (5+5=10 Marks)
Wrhite a short note on:

1. Recession of contract
2. Quasi contract
Section B (10 Marks)

3. The X Company's directors sent shareholders a prospectus inviting subscriptions for
debenture tonds. It was mentioned in the document ®rospectus) that money would go to
alterbuildings(fordevelopment),buyhorses,vansandexpandintosupplyingfish.Butin
fact, the actual purpose was to pay off liabilities because the X Company was in trouble
andthusmoneywasusedforthesanepuapose.Mr.EboughtbondsoftheXCompanyas
hemistakenlybelievedthathewouldgetafirstchargeontheXCompany'sproperty.Now
Mr. E sought t6 recover money for fraud. Decide
a) whether the directors of the X Company are liable for fraud? If yes then in order to
sustainanactionforfraud,whatisrequiredtobeprovedintheCoutbyMr.E.
(5 Marks)
b) Elaborate on mere silence does not amount to fraud. Distinguish between fraud apd
/J= A A'__1,,-\
(5 Marks)
misrepresentation.
(10+10=20 Marks)
Section C
Answer any two questions:
4. Z, a sweet shop owner in Munbai, sold his b`isiness to X, a resident of Pure, for Rs. 50
1acsandenteredintoanagreementwithXthatforthenext25ye.ars:Zwouldnotventure
1/2L
into the business of making or selling sweets within Mcharashtra; and Z would not indulge
in any business competing in any manner whatsoever with the business carded on by X.
Subsequently, Z files a suit against .X, claiming that the agreement is in restraint of trade.
Decide the case by citing relevant provisions of the Indian Contract Act and other relevant
case laws.
5. The defendants were keen on watching the coronation procession. So, they hired the
plaintiff s flat for two days (fi.om June 26, 2021 to June 27, 2021 ). But owing to the King's
illness the procession was cancelled and the defendants refused to pay money for the flat
claiming impossibility of performance due to subsequent cancellation of coronation
procession being the subject matter of contract. Decide the given illustration in Hght of
doctrine of frustration provided under the Indian Contract Act, 1872. Also discuss relevant
case law and grounds of frustration of contract.
6. M. St`nd whtes an email to Mr. Edward to buy a laptop stating that "if I don't receive any
response from you within 2 days, I consider the laptop as mine at Rs. 20,000". Mr. Edward
did not reply to this email. Later, the authorised agent of Mr. Edward accidently sold the
laptop to someone else for Rs. 30,000. Answer the following questiori on basis of the above
situation:
a) Whether a valid contract existed between Mr. Stuart and Mr. Edward? Explain with
relevant provisions and case laws. (4 Marks)
b) Whether in this given situation M. Stuart can say that no email regarding refusal of
proposal was received within 2 days, so his proposal to buy laptop shall be deemed to
have been accepted. Explain (2 Marks)
c) Explain the essentials of a valid acceptance. (4 Marks)
Section D (10 Marks)

7. There exists zero concrete legislation with respect to legality of Online Fantasy games
@reaml 1, MPL, Balle Bazzi) and regulating its boundaries with garbling apd betting, .or
its taxation for that matter. With its sudden and humongous rise, there has also been an
increased interest in the legality of Fantasy Sports as to whether the sane amounts to
betting/gamblingasa"GamebfChance"andhenceshouldbeprohibitedoritcomesunder
thelegallyperhittedambitof"GameofSkill".Decidethematterwithrespecttowagering
agreementsandgamblingagreementswithspecialreferencetoonlinefantasyganes.Write
relevant legal provisions, essentials and exceptions of wagering agreement. Cite case laws
and provide a way ahead for fantasy sports/games in india.
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Section A (5+5=10 Marks)

Wrhite a short note on:

Section B (10 Marks)

Section D (10 Marks)

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