B.A. LL.B. (Five Years) Sem 5 Contract II 2011 Jan Question Paper - KSLU

Questions asked in this paper

UNIT - I

1. Q1 (a) Explain the circumstances in which a surety can be discharged from his liability.
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2. Q1 OR Define 'Pledge'. Explain the rights and duties of Pledgee.
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3. Q1 (b) 'A' finds a golden ring and makes reasonable efforts to discover the true owner, but could not find him. Later the finder 'A' sells it to 'B', who buys it without knowledge that 'A' was merely a finder. Can the true owner recover the ring from 'B' ?
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4. Q1 OR 'A' hires a carriage of 'B'. The carriage is unsafe. 'B' is not aware of it. 'A' is injured while using the carriage. Is 'B' liable to 'A' ? Will it make any difference if the bailment is gratuitous ? Decide.
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UNIT - II

1. Q2 (a) What is the 'Test of Agency' ? Discuss the extent of an agent's authority.
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2. Q2 OR Explain the different modes of termination of an agency.
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3. Q2 (b) Write a note on 'Agency by Ratification'.
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4. Q2 OR Explain : i) Del Credere agent ii) Agency coupled with interest.
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UNIT - III

1. Q3 (a) Explain the consequences of dissolution of a partnership firm.
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2. Q3 OR Explain : i) Effects of Non-Registration of Partnership Firm. ii) Implied Authority of a Partner.
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3. Q3 (b) A, B and C are carrying on business in partnership under an agreement which provides that the profits will be shared by them equally, but the losses will be borne equally by A and B alone. 'x' a creditor of the firm sues 'C'. Decide whether 'C' is liable.
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4. Q3 OR A, B and C are partners of a partnership firm. 'C' who is an active partner retires without giving public notice. 'x' supplies the goods to the firm after C's retirement. Advise 'x' as to the recovery of amount of the goods supplied.
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UNIT - IV

1. Q4 (a) Explain in brief conditions and warranties implied by law under a contract of sale of goods.
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2. Q4 OR Explain the maxim "nemo dat quod non habet" and state the exceptions, if any.
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3. Q4 (b) 'A' agrees to purchase 10 tons of apple juice from 'B' on a specified date. 'B' crushes the apples, puts the juice ready for delivery on that specified date. 'A' delays to take the delivery and the juice goes putrid and has to be thrown away. Is 'A' liable to pay the juice ?
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4. Q4 OR 'A' a jeweller, delivered some jewellery to 'B' "On Sale or return basis". 'B' pledged the jewellery with a pawn-broker, although he had not paid the price there of to 'A'. There upon 'A' sues 'B' for sale price. Can he succeed ?
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UNIT - V

1. Q5 (a) Define 'Hire-Purchase Agreement' and discuss its salient features.
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2. Q5 OR Explain the rights and obligations of the owner in an Hire-Purchase Agreement.
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3. Q5 (b) Distinguish Hire-Purchase Agreement from a contract of sale of Goods.
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4. Q5 OR Write a note on 'Assignment and Transmission of Hirer's Rights'.
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.