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

Questions asked in this paper

• N.B: (1) All questions are compulsory. (2) Figures on the right indicate marks. (3) Give reasons and case laws wherever necessary. (4) Please check whether you have got the right question paper.

SECTION I - Q.1: Answer any Six in one-two sentences (12 Marks - 2 marks each)

1. Q1 What is Partnership at will?
2. Q2 Write any 2 differences between contract of guarantee and indemnity.
3. Q3 Who can make a valid Pledge?
4. Q4 Briefly explain Partners authority in an emergency.
5. Q5 State the difference between sale and agreement to sale.
6. Q6 When does a Pawnee have a right of retainer?
7. Q7 What does the term "goods" include under the Sale of Goods Act, 1930?
8. Q8 Give any 2 duties of bailor.
9. Q9 Give any two differences between Partnership Firm and Public Company.
10. Q10 Who is a minor Partner?

SECTION II - Q.2: Answer any Two of the following questions (12 Marks - 6 marks each)

1. Q11 Rights of Bailee.
2. Q12 Termination of Agency.
3. Q13 Duties of an agent.
4. Q14 Partnership at will.

SECTION III - Q.3: Answer any Two of the following questions (12 Marks - 6 marks each)

1. Q15 Deep and Meera enter into an agreement to start a partnership firm. They agree that profits of the firm shall be shared in 60:40 ratio, but Meera shall not be liable for any loss or liability of the firm. They commence the business of partnership, without registration of the firm. Both Meera and Deep enter into contracts on behalf of the firm. (i) Is there a partnership between Deep and Meera? 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?
2. Q16 A, an agent of B, sells the goods to C without making proper enquiry as to the solvency of C; at the time of sale C was an insolvent. Principal B wants to sue the agent. Advise the principal.
3. Q17 There was a contract for the sale of a parcel of 500 bags of rice. Unknown to the seller, 50 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.
4. Q18 Parag sells goods to Nilesh. Nilesh does not pay the whole price of the goods to Parag. Parag is yet to deliver the goods to Nilesh and due to non-payment of the price, Parag refuses to deliver them to Nilesh. (i) Is Parag justified in refusing to deliver goods to Nilesh? (ii) Give reasons in support of your answer with relevant provisions. (iii) What are the other rights that are available to Parag?

SECTION IV - Q.4: Answer any Two of the following questions (24 Marks - 12 marks each)

1. Q19 Differentiate between bailment and pledge. Discuss general and particular lien of a bailor and differentiate it from the pawnee's right of retainer.
2. Q20 Define agency by ratification. Explain its essential elements.
3. Q21 Who is an unpaid seller? Discuss the statutory rights an unpaid seller has in respect of goods.
4. Q22 Explain how the transfer of title on sale takes place? State the exceptions if any.

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