B.A. LL.B. (Five Years) Sem 8 Contract II Nov 2022 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Please check whether you have got the right question paper. 1) All questions are compulsory. 2) Figures to the right indicate full marks.

Q.1 Q.1: Answer in one or two sentences each, any 6 out of 10 (12 Marks - 2 marks each)

1. (a) Define Partnership.
   Read the model answer
2. (b) Define contract of guarantee.
   Read the model answer
3. (c) Who can make a valid pledge?
   Read the model answer
4. (d) Write any two differences between contract of guarantee and indemnity.
   Read the model answer
5. (e) Define Bailment.
   Read the model answer
6. (f) What is pledge?
   Read the model answer
7. (g) Is the registration of Partnership firm Compulsory?
   Read the model answer
8. (h) Give any two modes of the discharge of the surety.
   Read the model answer
9. (i) What is agency by rectification?
   Read the model answer
10. (j) State the various types of Partners.
    Read the model answer

Q.2 Q.2: Write Short Notes on any two out of four (12 Marks - 6 marks each)

1. (a) Duties of Bailee.
   Read the model answer
2. (b) Duties of an Agent.
   Read the model answer
3. (c) Rights of the Surety
   Read the model answer
4. (d) Sub-Agent and Substituted Agent.
   Read the model answer

Q.3 Q.3: Answer the following, any two out of four (12 Marks - 6 marks each)

1. (a) 'A' finds a dog and makes reasonable efforts to trace the true owner, but could not find him. Later 'A' sells that dog to 'B' who buys it without knowing that 'A' was merely a finder. Can the true owner recover the dog from 'B'? Decide.
   Read the model answer
2. (b) '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.
   Read the model answer
3. (c) 'A' and 'B' form a trading Partnership for 5 years. After 2 years, 'A' is convicted of travelling on the Railway without ticket. 'A' files a suit for dissolution of the firm on the ground of his own misconduct. Will he succeed?
   Read the model answer
4. (d) 'A' hires a horse carriage of 'B'. The horse is unsound, but 'B' is not aware of it. 'A' is injured while using that horse carriage. Is 'B' responsible to 'A' for the injury? Decide.
   Read the model answer

Q.4 Q.4: Answer the following in brief, any two out of four (24 Marks - 12 marks each)

1. (1) Define Contract of indemnity. State the distinction between Contract of indemnity and Contract of guarantee.
   Read the model answer
2. (2) Define Agency by Ratification. Explain its essential elements.
   Read the model answer
3. (3) Define Pledge. State the Circumstances in which a non-owner can make a valid Pledge.
   Read the model answer
4. (4) Discuss the nature and mode of determining the existence of partnership.
   Read the model answer

Read from the scan above, so a character or two may differ. The scan is the original.