B.A. LL.B. (Five Years) Sem 5 Contract II 2012 Jun Question Paper - KSLU

Questions asked in this paper

UNIT - I

1. Q1 (a) Define contract of Guarantee. Explain the rights of surety.
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2. Q1 OR Define Bailment and Pledge. When is a pledge created by non owners valid ?
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3. Q1 (b) 'A' stands as a surety for the good conduct of 'B' who is employed in a Bank. 'B' misappropriates some moneys. The Bank excuses him without informing 'A' of 'B' is misconduct. 'B' again misappropriates Rs. 50,000. The Bank files a suit against 'A' on the strength of the Guarantee. Decide giving reasons.
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4. Q1 OR A white tiger was entrusted by 'B' to the Railway for carriage. The cage broke by the jolts received during the journey and the tiger escaped. It killed a bullock belonging to 'C' and was almost immediately crushed by the engine. Discuss the liability of the Railway administration to 'B' and 'C'.
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UNIT - II

1. Q2 (a) What is a contract of agency ? What are the different modes of creation of agency ?
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2. Q2 OR Explain the circumstances in which a contract of agency is terminated.
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3. Q2 (b) 'P' gives authority to 'A' to sell 'P' s land and to pay himself, out of the proceeds, the debt due to him from 'P'. Subsequently 'P' revokes the authority given to 'A'. Advise 'P'.
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4. Q2 OR 'D' a carrier discovers that a consignment of tomatoes owned by 'E' has deteriorated badly before the destination is reached. He, therefore, sells the consignment for about a third of the market price. 'E' sues 'D' for damages. Decide.
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UNIT - III

1. Q3 (a) Can a minor be a partner in a partnership firm ? Explain the legal status of a minor partner in a partnership firm.
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2. Q3 OR What is meant by dissolution of firm ? Explain the different grounds on which a firm is dissolved by the order of a court.
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3. Q3 (b) A, B, C and Co. is a newly constituted firm and commences business without registration. 'D' having been indebted to the firm in a sum of Rs. 1 Lakh defaults to repay the debt. The firm files a suit against him for the recovery of the said sum and immediately thereafter gets itself registered. Would the firm succeed ? Would your answer differ if 'D' being a creditor files a suit against the unregistered firm for the recovery of a loan ?
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4. Q3 OR Three Bus companies each having ten partners combine by agreement into one firm. The firm enters into a number of contracts. Can these contracts by the new firm be enforced by or against the firm ?
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UNIT - IV

1. Q4 (a) Define 'condition and warranty' in a contract of sale of goods. Explain the conditions implied in a contract of sale of goods by description. When a condition is to be treated as warranty ?
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2. Q4 OR Who is an unpaid seller ? Discuss the rights of unpaid seller as against the goods.
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3. Q4 (b) 'A' buys a diamond necklace from 'B', pays for it, but leaves it in the possession of 'B'. 'B' them sells the same necklace to 'C' for a higher price. Does 'C' acquire a better title to the necklace ? Can 'A' file a suit against 'C' for recovery of the necklace ?
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4. Q4 OR A dentist agreed to supply a set of artificial teeth and fit it into the mouth of a patient for Rs. 5,000. All the material required was wholly found by the Dentist. The Dentist delivered the dentures and received Rs. 5,000 from the Patient. Decide if the transaction is a contract for sale of goods.
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UNIT - V

1. Q5 (a) Discuss the rights of on unpaid seller towards the goods.
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2. Q5 OR "No one can transfer a better title than he himself has" - Discuss the statement.
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3. Q5 (b) "A" agrees to supply 100 Ton of sugar to 'B', "A" despatches 120 Tons. "B" refuses to receive sugar that he has supplied excess. Advise "A".
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4. Q5 OR "A" asks "B" a chemist, to give him hot water bottle. Subsequently, the bottle bursts and injures "A's" wife. Is "B" walk to refund the money paid by "A" ?
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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.