LLB 3 Years Sem 4 Contract 2 May 2019 II Question Paper - Mumbai University | munotes
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Questions asked in this paper
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Q1 Answer in 1-2 sentences (2 Marks each) 20 marks
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Q1 Define and 'principal' as per ICA,1872
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Q2 What is suretyship or of guarantee”?
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Q3 Who is called as ‘pawnor’ and who is 4, as defined under Sale of Goods Act, 1930
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Q5 Sale by description
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Q6 What is meant by -Goods must be ascertained 7, Effect of repudiation of contract before due date 8, "Partnership" as given under Partnership Act, 1932 9, What is meant by “act of a 10, How can a partner be expelled?
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Q2 Short Note on any 4 out of the following 6 (5 Marks each) 20 marks
- (i) Invalid guarantees
- (ii) Rules governing Revocation of agent's authority of Passing of property under Sale of Goods Act, 1930
- (v) Delivery of wrong quantity under Sale of Goods Act, 1930
- (vi)Partnership at will
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Q3 Solve any 2 out of the following 3 (6 Marks each) 12 marks
- (i) Monu & Sonu makes joint and several promissory note to Ram to pay X amount. Monu makes it, in fact as a surety for Sonu. When the note is made, this fact is known to Ram. Later Ram sues Monu upon the note to pay the X amount
- (i) What is the effect on rights of Ram in the given situation?
- (ii) Legal term for Monu & Sonu as under ICA, 1872
- (iii)Principle on which above situation is based?
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Q2 A sells X quantity of silk yarn to B, and sends him Railway Receipt. When A is still unpaid, he comes to know that B has become insolvent. When the goods are still in transit, B assigns the Railway receipt to C for cash. C is unaware of B's insolvency
- (i) Can A stop the goods in transit?
- (ii) Principle on which above situational problem is based?
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Q3 Mann & Co. is registered as a partnership firm in 2004, with M, N and O as partners. In 2005, M dies. In 2006, N & O sue A in the name and on behalf of Mann & Co. without fresh registration
- (i) Is the above suit against X maintainable?
- (ii) What difference would it make if a new partner P is added in 2006, and then A is sued without
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Q4 Answer any 4 out of the following 6 (12 Marks each) 48 marks
- (i) Elucidate Agent's duties to Principal with suitable illustrations
- (ii) Define and explain his liabilities with examples,
- (iii)Who is Unpaid Seller? Does he have any rights in respect of goods as laid in Sale of Goods
- (iv)Explain the rules governing "delivery of goods"?
- (v) What are the rights and liabilities of an outgoing partner?
- (vi)Discuss the various ways by which a Partnership firm may be dissolved
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Q2 fra an ara Rooy
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