FACULTY OF LAW INTRA MOOT COURT COMPETITION Researchers Test Time: 90 minutes
Max. Marks: 100
General Instructions: Instructions:
All questions in this section are compulsory.
There shall be no negative marking.
Please write your answer along with the question number. Questions in Section A are for 1 mark each; Questions in Section B are for 2 marks each; Questions in Section C are for 4 marks each; Questions in Section D are for 6 marks each; Question in Section E is for 30 marks.
SECTION – A A MULTIPLE CHOICE QUESTIONS Instruction: Only one answer per question will be considered valid. a) the subjective theory of contracts 1. Is a contract to sell a large block of b) the alternate-party theory of valuable flats (apartments) for £1 contracts enforceable at law? c) the consideration theory of a) Yes contracts b) No d) the objective theory of contracts 2. ……………. is the default rule under contract law for 4. A private contract cannot derogate determining the time at which an from the law: offer is accepted. It states that an a) Pacta privata juri publico non offer is considered accepted at the derogare possunt time that the acceptance is mailed. b) Quod per me non possum, nec a) Posting rule per alium b) Mail Delivery rule c) Contra non valentem agere c) Time mail rule nulla currit praescriptio d) Mail time rule d) Nemo debet esse judex in
3. In order to determine a party’s intent in a contract case, a court will apply:
propria causa
5. Contractual rights generally a) may be assigned b) may be delegated c) may be assigned only to a creditor or donee d) may not be assigned or delegated
6. The judgment in the Wagon Mound case was delivered by: a) Lord Reid b) Lord Radcliffe c) Viscount Simonds d) None of the above 7. In which case was the 'neighbour principle' set down to determine whether a duty of care was owed for negligently-inflicted loss? a) Hedley Byrne & Co Ltd v Heller and Partners Ltd (1964) b) Donoghue v Stevenson (1932) c) McLoughlin v O'Brian (1982) d) Caparo Industries v Dickman (1990) 8. Frailty of the injured person is not a defense in a tort case. a) eggshell skull rule b) volenti non fit injuria c) nemo judex in sua causa d) no such defense exist 9. Vicarious liability is based on the principle of: a) qui facit per alium facit per se b) Caveat emptor c) Respondeat Superior d) Actori incumbit onus probandi 10. In which landmark case it was held that, “Act done in the course of employment but not in connection
with sovereign powers of the State, State like any other employer is vicariously liable” a) State of Rajasthan v Vidhyawati, AIR 1962 SC 933 b) State of Gujarat v. Memon Mahomed, 1967 SCR (3) 938 c) Mohori Bibee v. Dharmodas Ghose, (1903) 30 Cal. 539 d) State of Rajasthan v. Smt Shekhu and ors, I (2005) ACC 156 11. The present matter reached the Supreme Court of India as a civil appeal. For presenting a strong case you were in search of a Senior Advocate having a good practice in the Apex Court. One of your associates recommended you a Senior Advocate and said, “I have personal contacts with a lawyer in the Supreme Court. He is a Constitutional Law expert and has also worked as the Director of Tata Sons. He has been a counsel in some landmarks cases such as the Bank Nationalization case, Kesavananda Bharati case, the Privy Purse case and was counsel for India in cases relating to India and Pakistan before the United Nations special tribunal in Geneva and the International Court of Justice at Hague. He has also been Indian ambassador to U.S.A.” Whom is he talking about? a) b) c) d)
Soli J. Sorabjee Fali S. Nariman Nani A. Palkhivala C. K. Daphtary
12. After you engaged this renowned senior advocate, you accompanied him to the Supreme Court of India. The matter was listed at number 5 in Room no. 1 in the Chief Justice Court Room. While waiting for your matter, you came across a life size portrait of the first Chief Justice hung on left side of the court room. Whom does it belong to? a) Hon’ble Mr. Justice Harilal Jekisundas Kania b) Hon’ble Mr. Justice Sudhi Ranjan Das c) Hon’ble Mr. Justice M. Hidayatullah d) Hon’ble Mr. Justice Y.V. Chandrachud 13. The present Bluebook Citation Format is in which edition of its publication: a) 21st b) 19th c) 20th d) 18th
b) M.P.Jain, Indian Constitutional Law 98 (Kamal Law House, Calcutta, 5th edn., 1998). c) THOMAS HOBBES, LEVIATHAN 268 ( Penguin 1985) (1651) d) Jonathan Stroud, THE AMULET OF SAMARKAND (2003) 15. The line spacing for main arguments as per the rules of Faculty of Law (INTRA) Moot Court Competition, 2017 is: a) 1.5 b) 1 c) 2 d) Customized 16. A sues B for a breach of contract due to failure in delivering goods worth 1.5 crores within the stipulated time as mentioned in the contract. In which court A should file his suit? a) High Court b) Supreme Court c) District Court d) Court of Small Causes
14. Which of the following is the correct format for citing Books under Bluebook 19 th Edition? a) Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268
SECTION – B ONE WORD QUESTIONS Instruction:
Question to be answered in one word or within 20 – 40 words wherever necessary.
1. Which section of the Indian Contract Act, 1872 deals with consequential damages on breach of contract? 2. Which is the landmark judgment by Exchequer Court on the issue of consequential damages from a breach of contract? 3. What is the rule for quantum of damages to be pai d on breach of a contract? 4. What are the remedies available on the breach of contract? Give any two. 5. What are the defences available to tort of negligence? Give any two. 6. Define vicarious liability. 7. What are the different types of damages under law of tort? 8. What is the nature of the suit filed in the present moot proposition? 9. What is the name of employee who caused water leakage as per the moot proposition? 10. Which will be the appropriate forum to file appeal against the judgment delivered by the forum in which the case is adjudicated presently? 11. Give the statutory provision relating to appropriate jurisdiction in the present matter. 12. Which is the only official legal database accepted by the courts in India? 13. What is the font size and type for the main text and footnotes as per the rules of Faculty of Law (INTRA) Moot Court Competition, 2017? 14. Where can one find the option to adjust “Margin” in MS -Word? 15. Give the format of citing a ‘ Journal’s article’ as per Bluebook 19 th edition.
SECTION – C SHORT ANSWER QUESTIONS Instruction:
Questions to be answered within 80 – 100 words.
1. How are voidable contracts different from void contracts? 2. Discuss the concept of ‘consideration’. 3. A tugboat carrying cargo of one Mr. Cristiano Messi ran into storm. It was later found that tugboat was not carrying a radio on board because of which it didn’t get the weather reports. There was no custom of always carrying a radio on boat. Is the captain of tugboat liable for tort of negligence? Give your reason along with an y case law, if necessary.
SECTION – D LONG ANSWER QUESTIONS Instruction:
Questions to be answered within 100-120 words.
1. Discuss the nature and basis for legal concept of ‘vicarious liability’. 2. The driver of a bus went to have food after parking the bus alongside the r oad, leaving the conductor alone inside. Just after that an ambula nce carrying a patient came from behind and due to congestion on both of sides of road, starting honking continuously. The conductor of the bus in order to make the space took control of the bus. While backing the bus, the conductor hit one thief, who was trying to escape after committing robbery. The thief files a case against owner of the bus for injuries sustained. Is the owner of bus liable for this act of conductor? Give reason along with any case law, if necessary.
SECTION- E JUDGMENT WRITING Instruction:
Question to be answered within 350 - 400 words.
1. Imagine yourself as the judge leading the quorum. You have heard arguments from both the side and need to deliver judgment on the next date. Write a judgment on the facts relating to the moot proposition. Give your reasons; cit e statutory provision and case laws, where necessary.
