B.A. LL.B. (Five Years) Sem 8 Contract II May 2025 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Please check whether you have got the right question paper. 2. All questions are compulsory. 3. Provide illustrations / case laws / examples where needed.

Q.1 Q.1: Answer any Six of the following questions (12 Marks - 2 marks each)

1. (a) State the essentials of Partnership.
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2. (b) Who is a Sub-agent?
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3. (c) Who can exercise General Lien?
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4. (d) Differentiate between Sale and Agreement to Sell.
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5. (e) What is Indemnity?
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6. (f) When are goods said to be in a deliverable state?
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7. (g) Explain continuing guarantee with an example.
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8. (h) Elaborate as to how can a partner be expelled from a firm?
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9. (i) What is the extent of an Agent's Authority?
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10. (j) Define Bailment as per Indian Contract Act.
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Q.2 Q.2: Answer any Two of the following questions (12 Marks - 6 marks each)

1. (a) Duties of an Agent
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2. (b) Revocation of authority of an Agent
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3. (c) Pledge
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4. (d) Effect of passing of Property under Sale of Goods Act, 1930
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Q.3 Q.3: Answer any Two of the following questions (12 Marks - 6 marks each)

1. (a) There was a Contract for Sale of a parcel of 1000 bags of Jowar. Unknown to the seller, 100 bags were stolen at the time of the Contract. The seller delivered the rest of the bags, but the buyer refused to take them. The seller then brought an action for price. (i) Is the buyer liable to take or pay for the goods in the above case? Give reasons. (ii) Is the above Contract valid? Give reasons.
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2. (b) Anju and Anu entered into an Agreement to start a Partnership firm. They agree that profits of the firm shall be shared in 60:40 ratio, but Anju shall not be liable for any loss or liability of the firm. They commence the business of Partnership, without Registration of the firm. Both Anju and Anu enter into Contracts on behalf of the firm. (i) Is there a valid Partnership between Anju and Anu? Give reasons in support of your answer. (ii) Is it mandatory to Register a firm? What is the effect of Non-registration of a Partnership firm? Give reasons for your answer.
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3. (c) Atharva guarantees payment of price to Krishna for the goods to be supplied by Krishna to Raghav in the year 2024. The price of the goods being fixed at the time of the Contract, Krishna and Raghav, without the consent of Atharva, substantially increase the price of the goods. Subsequent to the increase, Raghav makes a default. (i) What is the Contractual relationship between Atharva, Krishna and Raghav? Is Atharva liable to pay Krishna upon the default by Raghav? Give reasons. (ii) State any Three modes mentioned in the Indian Contract Act, 1872 by which a Surety is discharged from Liability.
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4. (d) Tushar instructs Sohanlal, a merchant, to buy a ship for him and for that purpose to engage services of a ship surveyor. Sohanlal employs a ship surveyor of good reputation to choose a ship for Tushar. The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. (i) Explain who is a Sub-Agent. How is he different from a Substituted Agent? (ii) Who will be bound to make good the loss to Tushar? Give reasons.
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Q.4 Q.4: Answer any Two of the following questions (24 Marks - 12 marks each)

1. (a) Define Agency by Ratification. Explain its essential elements.
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2. (b) Define and elaborately distinguish between Condition and Warranty.
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3. (c) Elaborately discuss the various modes of Dissolution of a Partnership Firm.
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4. (d) Explain in detail the Rights and Duties of Bailor and Bailee.
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