FACULTY OF LAW

INTRA MOOT COURT COMPETITION

Researchers Test
Time: 90 minutes Max. Marks: 100

General 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
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
propria causa
3. In order to determine a partys
intent in a contract case, a court
will apply:
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 Constitutional Law expert and has
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
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) Soli J. Sorabjee
b) Fali S. Nariman
c) Nani A. Palkhivala
d) C. K. Daphtary
 b) M.P.Jain, Indian Constitutional
12. After you engaged this renowned Law 98 (Kamal Law House,
senior advocate, you accompanied Calcutta, 5th edn., 1998).
him to the Supreme Court of India. c) THOMAS HOBBES,
The matter was listed at number 5 LEVIATHAN 268 ( Penguin
in Room no. 1 in the Chief Justice 1985) (1651)
Court Room. While waiting for d) Jonathan Stroud, THE
your matter, you came across a life AMULET OF SAMARKAND
size portrait of the first Chief (2003)
Justice hung on left side of the
court room. 15. The line spacing for main
Whom does it belong to? arguments as per the rules of
a) Honble Mr. Justice Harilal Faculty of Law (INTRA) Moot
Jekisundas Kania Court Competition, 2017 is:
b) Honble Mr. Justice Sudhi Ranjan a) 1.5
Das b) 1
c) Honble Mr. Justice M. c) 2
Hidayatullah d) Customized
d) Honble Mr. Justice Y.V. 16. A sues B for a breach of contract
Chandrachud due to failure in delivering goods
worth 1.5 crores within the
13. The present Bluebook Citation stipulated time as mentioned in the
Format is in which edition of its contract. In which court A should
publication: file his suit?
a) 21st a) High Court
b) 19th b) Supreme Court
c) 20th c) District Court
d) 18th d) Court of Small Causes

14. Which of the following is the

correct format for citing Books
under Bluebook 19th 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 paid 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 Journals article as per Bluebook 19th 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 didnt 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 any 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 road, leaving
the conductor alone inside. Just after that an ambulance 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; cite statutory provision and
case laws, where necessary.