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CCD Internal Assessment 2 July 2024

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17 views2 pages

CCD Internal Assessment 2 July 2024

Uploaded by

Pratul Verma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Blended LLM Program in Corporate & Financial Laws

Course: Commercial Contract Drafting

Course Code: L-CM-0007-U

Internal Assessment – 2

35 Marks

Instructions

• This is a take-home examination of 35 marks. The deadline for submission is 5th February
00:00 hours. Any submission beyond this deadline will attract a strict 10 (ten) mark penalty.
• Please ensure that your submission strictly adheres to JGU plagiarism/ similarity guidelines.
• Sharing of the answer scripts with each other is not permissible unless results are declared.
• Ensure the submissions are done in a compatible file format pdf, docs, etc.

___________________________________________________________________________

Questions

1. Analyse the term “reasonable efforts” within the framework of Indian contract law. Discuss its
implications and potential ambiguities when incorporated into a commercial contract clause.
Provide a detailed sample clause and support your analysis with relevant case laws and
statutory provisions. [up to 800 words] [10 marks]
2. Explain the concept of “language of performance” in commercial contract drafting. Compare
and contrast the different terminologies used to describe this language, and provide
comprehensive sample clauses to illustrate your points. Include an analysis of how variations
in terminology can impact the enforceability and interpretation of a contract. [up to 800 words]
[10 marks]
3. Critically evaluate the distinctions between the language of obligation and the language of
discretion in commercial contracts. Use advanced sample clauses to demonstrate these
differences and discuss the potential legal and practical consequences of each type of language
in contract enforcement. [up to 800 words] [10 marks]

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4. Define the term “material” in the context of commercial contract drafting. Identify and analyse
various scenarios where this term could be pivotal. Provide a detailed sample clause and discuss
relevant case law to highlight the importance of precise language in mitigating contractual
risks. [up to 500 words] [5 marks]

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