LLB 3 Years Sem 4 Contract 2 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer all MCQs 30 marks
2. Q1 Suresh enters into Contract with Ramesh to compensate against the consequences of any proceedings which Kamlesh may take against Ramesh in respect a certain sum of 5 lakh rupees. This is
   • a) Contract of agency
   • b) Contract of Indemnity
   • c) Contract of Guarantee
   • d) Contract of Insurance
3. Q2 Obtaining a person’s consent to act as a Surety by keeping silence as to
   • a) Valid
   • d) None of the above 3)Where a contract to give time to the principal debtor is made by the creditor with a third person & not with the principal debtor which of following is
   • a) The surety is not discharged
   • b) The surety is discharged
   • c) Principal debtor is discharged
   • d) all of the above 4)Which of the following is not applicable for the dissolution of firm by
   • a) The partnership must be at will
   • b) The partnership must be Particular
   • c) Notice must be communicated to all partners
   • d) Notice must be explicit & final Fase 5)Which of the following cannot be the ground for compulsory dissolution of the
   • a) By the adjudication of all the partners as insolvent
   • b) By the adjudication of all the partners except one as
   • c) When the business of the firm becomes illegal
   • d) By the expiration of the partnership term 6)Voluntary transfer of possession of goods from one person to another is
   • a) Actual delivery
   • b) Symbolic
   • c) Constructive delivery
   • d) all of the above of the following is Implied Condition?
   • a) Condition as to Title
   • b) Condition of Merchantable Quality
   • c) Condition of sale by Sample
   • d) Condition of quite Possession arat 8)"Anil hires a horse in Calcutta from Sunil expressly to march Delhi. Anil rides with due care, but marches to Mumbai instead. The horse accidentally falls and is injured. Who is liable for the injury to the
   • a) Anil
   • b) Sunil
   • c) Both equally
   • d) None 9)"The following person is competent to make the
   • a) Owner or a person with his authority
   • b) Mercantile agent
   • c) A person in possession under a voidable
   • d) all of the above
4. Q10 Atul instructs Ramesh, a merchant, to buy a ship for him. Ramesh employs a ship surveyor of good reputation to choose a ship for Atul. the surveyor makes the choice negligently & the ship turns out to be unseaworthy & is lost. In such a case who is
   • a) Ramesh is responsible to Atul
   • b) Ship surveyor is responsible to Atul
   • c) Ramesh & Ship surveyor are responsible to Atul
   • d) Atul himself is responsible for the loss 11)An agency is not terminated by operation of law in the following
   • b) Death or Insanity of Principal or
   • c) Insolvency of Principal
   • d) Expiry of time fixed for the 12)"A partner is not entitled to receive remuneration for taking part in the conduct of the business of parnership. This provision is
   • a) Subject to the Contract between the Partners
   • b) Subject to the contract between partners and third
   • c) Subject to the contract between partners and creditors
   • d) Subject to the direction of the registrar 13)"A firm that continues after the expiry of the term is called as
   • a) Partnership at will
   • b) Particular partnership
   • c) Limited partnership A continuing guarantee may. be revoked as to future transactions by
5. Q14 The historic case laying down the test for determining the existence of
   • a) Grave v. Smith
   • b) Bloream v Pell
   • c) Mingh v. Carver
   • d) Car v. Hickman
6. Q15 Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer
   • a) The goods are delivered to the buyer
   • b) The price is paid by the buyer
   • c) The contract is made
   • d) The buyer accepts the goods
7. Q16 A seller delivers goods in excess of the quantity ordered for. The buyer
   • a) Accept the whole
   • b) Reject the whole
   • c) Accept the goods ordered for and return excess
   • d) Accept goods as per requirement
8. Q17 Baldry V. Marshal is a leading case relating to
   • a) Fitness for buyer
   • b) Sale patent or trade name
   • c) Consent by fraud
   • d) Resale of goods
9. Q18 Unless otherwise agreed, the goods remain at seller’s risk until
   • a) The goods have been delivered to the buyer
   • b) The goods have been utilised by the buyer
   • c) The price to the goods has been received by seller
   • d) The property therein has been transferred to the buyer 19)An agreement in restraint of trade in a partnership of under S. 11 of the Indian Partnership Act, 1932, is - 1932 car 11
   • a) Valid. ez
   • b) Voidable
   • c) Void
   • d) Invalid
10. Q20 Under the provision of the Sale of Goods Act,
    • a) Delivery of the goods must always be made before payment of the price
    • b) Payment of the price must always be made before delivery of the Goods
    • c) Delivery and payment are always concurrent condition é
    • d) Delivery and payment are concurrent conditions, unless otherwise agreed Answer all Descriptive Questions - 30 Marks
11. Q1 What is Unpaid Lien? of
12. Q2 Dheeraj and Co. is registered as a partnership firm in 2015 with Mr. A, Mr. B and Mr. C as partners. In 2018 Mr. A passed away. In 2019 Mr. B and Mr. C sue Mr. Z in the name and on behalf.of Dheeraj and Co. without fresh registration. Is the suit against Mr. X maintainable? Give valid reason. Explain essential elements of partnership under
13. Q3 Mr. Ratan sells 1000 kg of fruits to Mr. Jatin and sends him Railway receipt When Mr. Ratan is still unpaid, he comes to know that Mr. Jatin has becomes insolvent When the goods are still in transit, Mr. Jatin assigned Railway Receipt to Mr. Yogesh for clearance of goods. Can Mr. Ratan stop the goods in transit? On which principle the above situational problem is based? 4f 1000 we
14. Q4 How is a contract of indemnity different from a contract of guarantee?
15. Q5 Amit runs a business & he admits Bhushan also in the Business, subject to the conditions that Bhushan will not invest any money in the business &, Bhushan in lieu of profit will get a salary of Rs.5 lakh p.a. Bhushan will not have any dealing on behalf. of the business & he will also not be liable for any loss. Is it a Partnership Business? 31fAd
16. Q6 Write the facts and the principle laid down in Collin v. aifetet
17. Q7 What is meant by ‘Nemo dat quod non habet’
18. Q8 Explain the contract of guarantee. HINT
19. Q9 Define bailment, explain kinds of bailment
20. Q10 Discuss in detail the mode of termination of agency

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