UPSC Mains Law Paper Topic : Performance and
Discharge of Contracts
- The plaintiff, municipality of a town, sold to the defendant by contract the right to collect dung in the municipal area for one year. No dung was, however, left to be collected by the defendant as the same was removed by the pig owners themselves in their own right. (94/II/6b/30)
- A contract is a contract from the time it is made and not from the time its performance is due.’ Explain. (94/II/5a/20)
- The tenant and the sub-tenant of a certain premises agree between themselves that the subtenant would pay the tenant’s rent directly to the landlord. After paying the said rent for a certain period, the subtenant refuses to make further payments. The landlord uses the sub-tenant The sub-tenant argues that there was no contract between him and the landlord. Decide. (96/II/6b/30)
- What do you mean by ‘force majeure’ clause in a contract? What implications does the clause have in view of the provision for supervening impossibility? (98/II/5c/20)
- The general rule undoubtedly is that no third person can use or be used on a contract to which he is not a party, but at bottom that is only a rule of procedure. It goes to the form of remedy, not to the underlying right.” Critically comment on the principle of privity of contract in the light of the above statement and state whether you agree with the statement.(99/II/5a/20)
- What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract? (00/II/6a/30)
- Examine the principle of ‘time is the essence of contract’ (00/II/5d(ii)/10) (Main) Law—Topic Wise Paper 74
- 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. (02/II/5d/20)
- Discuss in detail the principle of promissory estoppel and its application in respect of contractual obligations. Explain the position of this principle as against the Government and its agencies. (03/II/6a/30)
- What are the circumstances under which a party to a contract can plead impossibility as an excuse from performing his contractual obligation? (06/II/7a/30)
- Is a party rightfully rescinding the contract entitled to compensation? Explain with the help of examples. (06/II/5c/20)
- What is meant by the doctrine of “supervening impossibility”? Under what circumstances the “supervening impossibility” may arise? (07/II/5d/20)
- A contract can not be enforced by a person who is not a party to it though it is made for his benefit. He is a stranger to the contract and can claim no rights under it.” Examine the above statement in the light of judicial pronouncements stating the exceptions thereto. (07/II/5b/20)
- The principle of ‘holding out’ is based on the principle of estoppels.” Elucidate. (13/II/5d/10)
