B.A. LL.B. (Five Years) Sem 5 Contract II 2013 Jun Question Paper - KSLU

Questions asked in this paper

UNIT - I

1. Q1 (a) Define contract of indemnity. In what respects Indian law differs from English law on contract of indemnity ? Explain.
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2. Q1 OR Define contract of guarantee. What are the effects of misrepresentation and concealment on contract of guarantee ? Explain.
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3. Q1 (b) Write short notes on : Rights of the surety.
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4. Q1 OR Distinction between Indemnity and Guarantee.
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UNIT - II

1. Q2 (a) Define bailment. What are the essential features of bailment ?
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2. Q2 OR What do you mean by Pledge ? Who can Pledge ? Discuss.
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3. Q2 (b) Write short notes on : Hypothecation.
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4. Q2 OR Solve the problem. 'A' entrusted some books to 'B' for binding. 'B' promised to complete the work and return the same within ten days. 'B' failed to return the books within the agreed time. Subsequently the books were burnt in an accidental fire. Can 'A' recover damages for the loss from 'B' ? Decide.
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UNIT - III

1. Q3 (a) What is agency by ratification ? Examine the condition of a valid ratification with illustrations.
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2. Q3 OR Define agency. Explain the different modes of termination of agency.
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3. Q3 (b) Solve the problem. 'A' an agent of 'B' was authorised to sell manure, but he had no authority to give any warranty about the manure. Yet, he warranted to the buyer that the manure contained 30% of Phosphate of lime. The warranty turned out to be false. Now can the customer file the suit against 'B' the principal ? Why ? Give reasons.
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4. Q3 OR 'A' directs 'B', his agent to buy a certain house for him. 'B' tells 'A' that, it cannot be bought as it is already sold out, but buys the house for himself. 'A' came to know about the fraud committed by 'B'. Can 'A' compel 'B' to sell the house to himself ? Decide.
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UNIT - IV

1. Q4 (a) What is partnership ? Explain the liability of the partners to third parties and among themselves.
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2. Q4 OR How partnership firms are registered ? What are the consequences of registration and non-registration of partnership firms ?
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3. Q4 (b) Solve the problem. 'X' is an active partner of a firm with 'Y' and 'Z'. 'X' retires without giving a public notice. Whether 'X' is liable to the creditors to a loan sanctioned after his retirement ? Decide.
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4. Q4 OR An unregistered partnership firm borrows Rs. 1,00,000/- from Mr. X. The firm failed to repay it within time. Now what can Mr. X do to recover the amount ? Advice.
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UNIT - V

1. Q5 (a) Explain the rules relating to passing of the property in goods from seller to buyer.
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2. Q5 OR What are the rights available to seller and buyer for breach of contract ?
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3. Q5 (b) Write short notes : Caveat Emptor
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4. Q5 OR Auction Sale
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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.