Contract Law Questions and Answers. Get help with your Contract law homework. Access the answers to hundreds of Contract law questions that are In the first case the Contracts Law and the Sale of Goods act may be used. As per the section 3 of the Contracts law , the promissory may save her in this case. However, according to the Section 2 of the Contract Law , the third party that is Richard may apply that the liability of this loss lies entirely with the manager Emma Contracts Essay & Answer. The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. The accompanying exam answers are written by Bar None Review. Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission
Contracts I and II: Past Exams and Answers - Stetson Law
An offer ceases to be capable of acceptance or offer lapses or comes to an end in the following circumstances:. Ans: An agreement without consideration is void. But to this rule, certain exceptions are recognized and amongst them promise to pay a time barred debt is one. The conditions to be fulfilled for its maintainability in the court of law are: — It shall be in writing and signed by the person or by his agent to pay debt either in part or full, which the creditor might have enforced but for the law for the limitation of suits, contract law essay questions and answers.
When a person has done some work under a contract and the other party repudiates the contract or some event happens which makes the further performance of the contract impossible then the party who has performed the work can claim remuneration for the work he has already done. Ans: Quasi Contracts: A Quasi contract is not a contract between two parties but a legal obligation imposed by court of law, which puts both parties in the same position as if there is a contract between them.
Indeminty Contract: S. The person who gives the indeminty is called the indemnifier, the person for whose protection indemnity is called Indeminty holder. Example: A contracts to indemnify B against consequences of any proceedings which C may take against B in respect of a certain sum of Rs This is called Contract of indeminty. Contract of Guarantee: A contract of Guarantee is also known as Contract of surety contract law essay questions and answers. Example:A advances a loan of Rs to B and c promises to A that if B doesnot repay loan, he will do so.
This is a Contract of Guarntee. Exception-I: S. However, there is no implied condition if the article is sold under a trade name.
Exception-II: Where the goods are purchased by description from a seller who deals in such goods then there is an implied condition that the goods shall be of merchantable quality. A seller who is guilty of fraud shall not have protection of this rule. Ans: Test of Partnership: In order to determine the existence of partnership one must look to the agreement between them if the agreement between them is to share the profits of a business carried on by all or any of them acting for all, there is a partnership S.
The difficulty arises when there is no specific agreement. In such a case, we have to refer to S. Hickman HLC Ex: books of account, correspondence, contract law essay questions and answers, evidence of employees etc. These cases are:. To conclude, one can say that the true test of partnership is not the sharing of profits by a person or the contribution of capital or the holding of a contract law essay questions and answers property jointly but whether the business is carried on by him or by another o his account so that contract law essay questions and answers is a mutual agency between them.
If relation of principal and agent exists between the parties constituting a group, formed with view to earn profits of a business, we can say that there is partnership. Ans: S. The reason is as the affairs of the principal are placed in the hands of the agent, consideration in the sense of determent is enough to support the contract and as such no further consideration is necessary.
Therefore, an agent under a gratuitous contract of agency will be as much bound by his contract as a paid agent. Minor or unsound person is incompetent to enter into a contract as per S. However, S. Any alteration or changes in the instrument which changes the rights and liabilities of the parties to the instrument is called material alteration.
Material alteration makes the instrument void. Material alteration discharges those who became parties prior to the alteration. It makes no differencec whether the alteration is beneficial or prejudicial. Ex: Alteration or Change of amount or interest rate in the instrument contrary to contract is a material alteration. To constitute Civil Liability for recovery of cheque amount, mere non-payment of money upon demand is adequate.
However, in order to constitute criminal liability the following conditions shall be fulfilled:. The complaint should have been failed within one month from the date of expiry for the payment of amount before a Metropolitan Magistrate or JMFC. Ans: An instrument which is incomplete in some respect is called an inchoate instrument. When a person signs and delivers to another, a stamp paper, either wholly blank or after having written thereon an incomplete NI, contract law essay questions and answers, he thereby authorises that other person to make or complete upon it a negotiable instrument for any amount not exceeding the amount covered by the stamp.
The person so signing is liable upon such instrument, in the contract law essay questions and answers in which he signed the same, to a HDC, contract law essay questions and answers, for such amount.
However, a person other than HDC, can recover from the person signing that instrument only the amount intended by him to be paid thereon. Ex: a That there are certain objects arranged in a certain order in a certain place. Fact in issue: Any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceedings, necessary follows.
It means matter under controversy. Proved: S. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. N ot proved: A fact is contract law essay questions and answers not to be proved when it is neither proved nor disproved. However, it shall be noted that every fact in issue has forward and backward linkages which help the court to arrive at conclusion with assertiveness.
a If such fact form part of the same transaction S, contract law essay questions and answers. However, conduct must be accompany and explain act S. When the accused person is arrested on the basis of physical features given by the eye witness, police arranges the test of identification parade The object of conducting Identification parade is to test the truthfulness of the witness and his capability to identify an contract law essay questions and answers person whom the witness seen only once.
The mode and manner of conducting test contract law essay questions and answers parade is spelled out under Rule. Criminal rules of Practice. Evidentary value: It is not a substantive piece of evidence. It has only corroborative and contradictory value. Evidentiary Value of D. Once the court is satisfied that the D.
D was voluntary and not influenced by any extraneous consideration, and inspires confidence about it truthfulness court convict a person solely on its basis without any corroboration. Mode of recording: The mode of recording D. D is spelled out under R. Ans: It is dealt under S.
A case can be proved with the aid of expert opinion as it is declared as relevant fact under S. The opinion of a person who is an expert in any of the following subjects is a relevant fact.
The subjects are like this: Opinion as to: a Foreign law b Science c Art d Identity of handwriting or finger impression. Expert opinion shall be supported by reasons. It shall be received like any other evidence and it is only an advisory opinion, contract law essay questions and answers.
LAW OF CONTRACTS QUESTION ANSWERS. Home LAW OF CONTRACTS QUESTION ANSWERS. Explain when an offer ceases to be capable of acceptance. An offer ceases to be capable of acceptance or offer lapses or comes to an end in the following circumstances: 1 By communication of notice of termination of offer to the offree 2 By lapse of the specified or reasonable time 3 By death or insanity of the offer 4 By counter offer 5 By not being accepted according to the prescribed or usual mode, contract law essay questions and answers.
Whether a promise to pay time barred bet is valid and if so under what conditions? Write a note on Quasi Contracts? The concept of quasi contracts is dealt under S. What are the nature of liablities under Contracts of Indeminty and Guarantee? It is based on the fundamental premise that once a buyer satisfies himself as to the suitability of the product for his use, he would subsequently have no right to reject the same. Generally, buyer is expected to be careful while purchasing the goods and seller is not liable for any defects in goods sold by him, contract law essay questions and answers.
This principle in basic form is embodied in section 16 that subject to provisions of Sale of Goods Act and any other law. What is the true test for Partnership? These cases are: Joint owners sharing gross returns : Joint owners of some property sharing profits or gross returns arising from the property do not become partners. If, however, co-owners start a business with a view to share its profits they may become partners.
In particular, there is no partnership in the following cases: a w here, a person has let money to persons engaged or about to engage in business and receives a rate of interest varying with the profits or a share of profits. b Where a servant or agent is engaged in a business and receives his remuneration as a share of profit. c Where a widow or child of a deceased partner receives a portion of profits, contract law essay questions and answers.
d Where a person has sold his business along with its good will and receives a portion of the profits in consideration of the sale. Holder in due course means any person who for consideration became the possessor of a Negotiable instrument if payable to bearer, or the payee or indorsee thereof, if payable to order, before the amount mentioned in it became payable and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title. I Act.
What is meant by Material Alternation? I Act? However, in order to constitute criminal liability the following conditions shall be fulfilled: The cheque shall be issued for the discharge of any legally enforceable debt or other liability, contract law essay questions and answers. It shall have been presented within the period of six months or within the period of its validity whichever is earlier. The cheque is returned by the bank unpaid due to insufficiency of funds in the accused bank account.
The payee has given a notice to the drawer claiming the amount within 30 days of the receipt of the information by the bank. The drawer failed to pay within 15 days from the date of the receipt of notice.
What is an Inchoate Instrument? EVIDENCE ACT, Write a note on fact and fact in issue? Fact: S. b Any mental condition of which any person is conscious. Fact in issue: S.
Contracts Essay Approach Sample
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LAW OF CONTRACTS QUESTION ANSWERS An offer can’t be accepted after it has been terminated. Explain when an offer ceases to be capable of acceptance. Ans: Yes, an offer can’t be accepted after it has been blogger.comted Reading Time: 11 mins Contracts I Fall Answer () Contracts II Spring Exam. Contracts II Spring Answer () Contracts I Fall Exam. Contracts I Fall Answer () Contracts II Spring Exam. Contracts II Spring Answer () Contracts Fall Exam. Contracts Fall Answer () Here's why , law students rely on our essay practice exams: Written by law professors. Uniform format for all our exams. Model answers included for every exam. Use our exams to prepare for the Multistate Essay Examination (MEE). Unlimited access to exams with model answers in 17 subjects. Top-notch customer support
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