B.A. LL.B. (Five Years) Sem 5 Contract II 2015 Jun Question Paper - KSLU

Questions asked in this paper

1. Q1 Define contract of guarantee and discuss the modes of discharge of surety from liability.
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2. Q2 Define Pledge. Explain the Rights and duties of pledgee.
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3. Q3 Define Agency. Explain the modes of creation of Agency.
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4. Q4 Discuss the rule of Caveat Emptor with exceptions if any.
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5. Q5 Explain the remedies available to a seller and buyer for breach of a contract of sale.
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6. Q6 What do you mean by Lien ? Discuss the different types of Lien available to a bailee with the help of decided cases ?
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7. Q7 "Sharing of profit is only a Primafacie evidence to show that there exist partnership" - Discuss.
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Write short note on any two of the following.

1. Q8 (a) Indemnify
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2. Q8 (b) Rights of finder of lost goods
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3. Q8 (c) Different types of agents
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Solve any two of the following problems.

1. Q9 (a) 'A' sells to 'B' a quantity of sugar lying in A's warehouse. It is agreed that 'B' shall get 2 months credit. 'B' allows the sugar to remain in 'A's warehouse. 'B' becomes insolvent before the expiry of 2 months and the official receiver demands delivery of the sugar without offering to pay. What are the Rights of 'A' ?
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2. Q9 (b) 'P', 'Q' and 'R' enter into a partnership agreement to ply motor buses on certain routes for a period of 20 years. The business was run for 4 years. It was found that during the 4 years the business resulted in a loss each year. 'P' however insists on the business being continued for the remaining period. Can 'P' so insist ? If he can, state the way open to 'Q' and 'R'. Who are not willing to continue the business.
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3. Q9 (c) 'Z' a wholesale cloth dealer appoints 'Y' as his agent for the sale of cloth on the basis of 5% commission on the sale made by him. 'Y' had an agreement with his principal 'Z' that he (Y) could retain the part of the sale amount to adjust the commission due to him. 'Z' terminates the agency of Y. Y refuses to hand over the cloth in his possession to 'Z' and claims that he is vested with authority coupled with interest and the agency cannot be terminated. Advise Z.
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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.