LL.B. (Five Years) Sem 8 Contract II Oct 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in not more than 2 sentences, any 6 (12 Marks - 2 marks each)

1. Q1 How will you account for repealed Sec. 76 to 123 of Indian Contract Act, 1872?
2. Q2 What is the conclusive test of partnership under Indian Partnership Act, 1932?
3. Q3 What do you mean by future goods?
4. Q4 Can creditor sue only surety, when Principal Debtor fails to make payment when due to Creditor? Quote legal provision.
5. Q5 Give any two differences between Partnership Firm and Public Company.
6. Q6 Can a Minor be an Agent? State your views.
7. Q7 Define Indemnity.
8. Q8 Give any two differences between Guarantee and Warranty.
9. Q9 What is the difference between General Lien and Particular Lien?
10. Q10 "Can a minor person, during his minority, be held liable for loss of Partnership Firm on attaining majority"? Quote conditions for this statement.

SECTION II - Q.2: Write Short Notes, any 2 (12 Marks - 6 marks each)

1. Q11 Property in goods, when it passes to buyer.
2. Q12 Duties of Bailee.
3. Q13 Compare Sale and Agreement to Sell.
4. Q14 Rights of an Unpaid Seller.

SECTION III - Q.3: Solve the following, any 2 (12 Marks - 6 marks each)

1. Q15 Anil had taken a Life Insurance Policy of Rs. 1 Crore from an insurance company and paid the first instalment of premium. The Insurance Company issued the policy in his favour and further premiums were to be paid by the company where Anil was employed. Anil's employer deducted the premium from his salary but failed to pay it to the insurance company. Unfortunately, Anil died due to a heart attack. Anil's wife claimed Rs. 1 Crore from the insurance company. The insurance company refused to pay on the ground that the policy was not in force for want of premium. (a) In what capacity was Anil's employer acting in relation to the insurance company? (b) If you are appointed as an Advocate by Anil's wife, what law point will you raise before the Hon'ble Court?
2. Q16 Supriya and Sangita are doing business of imitation jewellery in partnership. They applied for registration of the partnership firm on 10th January, 2024 with the competent authorities. They delivered the said jewellery in wholesale to Suchita on 12th February, 2024. Suchita did not make payment till 1st March, 2024, though the payment terms were "on delivery". On 9th March, 2024, the said partnership firm filed a suit against Suchita. Supriya and Sangita could get the firm registered on 20th March, 2024. (a) Can the partnership firm file a suit against Suchita? If so, on what ground? Quote the legal position. (b) What defence is available to Suchita in this case?
3. Q17 Ramesh orders from John specific articles of Malaysia. John sent these articles to Ramesh with other articles of Malaysia which were ordered by Suresh. (a) Can Ramesh refuse to accept the goods legally? If so, on what grounds? (b) What has John to do so that Ramesh will accept those specific articles ordered by him?
4. Q18 Advait, Shreeram and Atharva are brothers in an HUF. Advait and Shreeram are conducting a business of loading and unloading of goods at Port in partnership. They request Atharva to look after their business and they will give him 40% profit of the said firm, and loss, if any, will be borne by Advait and Shreeram. (a) What is the relationship between these three brothers with respect to the partnership business inter se? (b) What is the conclusive test of partnership?

SECTION IV - Q.4: Answer the following, any 2 (24 Marks - 12 marks each)

1. Q19 Write in detail about Auction Sale.
2. Q20 Explain the doctrine of Caveat Emptor with its exceptions, if any.
3. Q21 Discuss in detail Contract of Guarantee with special reference to Rights of Co-Sureties.
4. Q22 Discuss in detail modes of dissolution of Partnership Firm.

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