B.A. LL.B. (Five Years) Sem 8 Contract II May 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (1) What is a partnership at will?
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2. (2) Define an unpaid seller?
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3. (3) State any two rights of an indemnity holder when sued?
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4. (4) State any 4 features of a LLP.
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5. (5) What does the term "goods" include under the Sale of Goods Act, 1930?
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6. (6) What is the requirement of minimum and maximum numbers of partners in limited liability partnership?
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7. (7) Who is a Minor Partner?
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8. (8) Define contract of agency?
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Q.2 Q.2: Write short notes on any TWO (12 Marks - 6 marks each)

1. (1) Extent of liability of Limited Liability Partnership.
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2. (2) Exceptions to caveat emptor.
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3. (3) Rights of a minor admitted to the benefits of the partnership.
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4. (4) Sub-agent.
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Q.3 Q.3: Answer any TWO of the following with reason (12 Marks - 6 marks each)

1. (1) X has sold certain goods to Y on credit. X delivered the goods to a transporter for delivery to Y. Before the goods reached the destination, Y became insolvent. X has asked the transporter to stop the delivery of goods to Y and return them to X. (a) State with relevant provisions whether the transporter is bound by the instructions of X. (b) Would the transporter be bound by X's instructions if the goods had already been delivered to Y? Why?
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2. (2) Certain goods of X were being sent by a ship. During the voyage, the goods started deteriorating. It was not possible to communicate with X. To prevent further loss, the Captain of the ship sold the goods at the nearest port. (a) What is the legal position of the captain of the ship? (b) Is X bound by the sale made by the Captain? Explain the principle involved.
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3. (3) A, B, C & D incorporate an LLP wherein A & C are named as the designated partners. (a) Who is a designated partner? Can a body corporate be appointed as a designated partner? (b) What are the liabilities of A & C as designated partners?
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4. (4) A, B and C are partners in an unregistered firm. A dispute arises between them regarding the partnership and A decides to sue B & C. (a) Can A sue B & C? Give reasons in support of your answer. (b) Is registration of a firm mandatory?
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Q.4 Q.4: Answer any THREE of the following questions in detail (39 Marks - 13 marks each)

1. (1) Differentiate between Bailment and Pledge. Discuss general and particular lien of a bailor and differentiate it from Pawnee's right of retainer.
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2. (2) What are the features of limited liability partnership? Explain the process of incorporation of limited liability partnership.
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3. (3) State the essentials of Agency. Discuss the duties of an agent towards the principal.
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4. (4) Discuss in detail the rights and duties of partners under the Indian Partnership Act, 1932.
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5. (5) Differentiate between a condition and a warranty. When is a condition treated as a warranty? Discuss the implied conditions and warranties specified under the Sale of Goods Act, 1930.
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