LLB 3 Years Sem 4 Contract 2 May 2016 II Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) Attempt all questions
• (2) Figures to the right indicate marks

1. Q1 Answer the following questions in not more than two sentences each
   • (a) Give any 4 general duties of partners
   • (b) When does compulsory dissolution of a partnership firm become
   • (c) the remedy for the breach of warranty?
   • (d) What is the main meaning of sale on 'Sale or basis? A What would be the impact of insolvency or death of a the
   • (f) What is the 'Consideration' in a contract of guarantee?
   • (g) Define
   • (h) Give various types of partners, S
   • (i) Define ‘agency.'
   • (j) Whois'substituted
2. Q2 Write short notes on any 4 of the following :- a 20 marks
   • (a) The rights and duties of the partners of towards each other and towards
   • (b) Mode of settlement of accounts between partners of a firm
   • (c) prima facie passes with
   • (d) Rights and duties of
   • (f) Agent's Authority in ap emergency
3. Q3 Solve any two of the situation based problems givingreasonsandcase- 12 marks
   • (a) 'X'the of a Bus gave it to a Travels company to maintain it for three years fixed anual payment. For the amount having become due as charge, the Travels Company claimed lien on the Bus the Travels Company retain the Bus for maintenance charges due? What is the alternative remedy available to the Travels Company?
   • (b) of a firm, takes a loan in the name of firm without informing the other partners and utilises the same for his personal purposes
   • (i) Can the other partners and the firm be held liable in default of 'A' for the said repayment? Give reasons
   • (ii) What will be the situation if 'A' sent a notice for retirement after this transaction? Discuss in necessary detail,
   • (c) 'A' becomes surety for conduct of as a manager in the Bank of = Later enter into a contract without the knowledge and of 'A' that salary of 'B' shall be raised and that 'B' shall be liable for th of the losses on overdrafts. 'B' allows a customer to overdraw, his authority and Bank loses a sum of money
   • (i) Can'C' the owner of the bank recover the loss due to actioP 'B' from 'A' the surety? Give reasons
   • (ii) Which principle /mode of discharge of a in this
4. Q4 Answer in detail any 4 of the following 48 marks
   • (a) Comment on the status of a minor in a firm as a partner and elucidate his Lability towards the firm third persons
   • (b) Distinguish between ‘condition and What are the inplied conditions and implied warranties? When of a condition be trated as breach
   • (c) Whatis the meaning of ofa firm? Is it compulsory in the state of Maharashtra? What are consequences of non-registration of a firm?
   • (d) Discuss and distinguish between contract of guarantee and contract of
   • (e) Define in full on the rights and duties of a Bailor and a
   • (f) of transfer of property in the goods from seller to buyer? legal position if the sale is by person not a owner under voidable contract
   • (3) ai a
   • (3) ara
   • (3) ‘wet
   • (31) wa Zeger

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