LLB 3 Years Sem 4 Contract 2 Nov 2015 II Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following in not more than 2:sentences
   • (a) Define a contract of indemnity
   • (b) Who is a principal debtor?
   • (c) Distinguish between indemnity and guarantee S
   • (d) Define the term ‘bailment’
   • (e) State 2 points of distinction between general lien and particulardien
   • (f) State 2 points of distinction between pledge and lien. @ Define the term ‘agent’
   • (h) What is meant by ‘document of title to goods’?
   • (i) What is meant by ‘act of a firm’?
   • G) Give two ditinguishing points between a ‘partnership firm’ and a ‘Hindu Write short notes on any 4: 20
   • (a) Relation-of partners inter se and with
   • (b) Goods sent on ‘approval’ or ‘sale or return’ basis
   • (c) Ascertainment of price
   • (d) Expulsion of a partner
   • (e) Agency coupled with interest
   • (f) Rights of a surety
2. Q3 Solve any 2 of the following, giving reasons : 12 marks
   • (a) A partner of a firm, whose business it was, to trap wild elephants, hired an trained for.trapping wild elephants, for that purpose. One of the terms of said hire-agreement was that the hirer shall have to pay Rs. 5,000/- if the trained elephant died during the period of hire
   • (1) Are partners also bound by this term?
   • (2) Cite the relevant caselaw and briefly discuss it
   • (b) being indebted to gives him a ‘power of attorney’ to sell a certain plot.of land and discharge his debt out of the said money ‘“‘A” thereafter changes his mind and revokes the said power. however, proceeds with Can ‘B’ proceed with the sale? @ (2) Advise ‘A’ for remedy
   • (c) purchases from a grocer, Danish bacon and a tin of sardines. He eats some of the bacon and his wife some of the sardines. Since the food stuff was defective, both of them suffer from food poisoning and hence are required to spend money for medical treatment
   • (1) Does ‘A’ have any remedy against the grocer? State the relevant sections and briefly explain the principle involved
3. Q4 Answer the following.in detail (any 4) 48 marks
   • (a) Who is a Bailee? What are the responsibilities and liabilities of a in regard to the goods which have been bailed to him? Does he have any rights?
   • (b) Discuss - “Liability of a surety is co-extensive with that of the.principal debtor, unless it is otherwise provided by the contract”’
   • (c) ‘Nemo dat quod non habet.” Explain this maxim’s rule its
   • (d) What is meant by delivery of goods? State the various modes of delivery of goods and the rule governing them
   • (e) Discuss the various ways in which a partner can leave a partnership firm and his liability after he ceases to be a partner
   • (f) Define of a firm” and discuss the\different modes of dissolution of a partnership firm
4. Q2 feat 20 marks

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