LLB 3 Years Sem 4 Contract 2 Nov 2023 II 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 What is a partnership at will?
2. Q2 Who is a del credre agent?
3. Q3 Define an unpaid seller?
4. Q4 State any two rights of an indemnity holder when sued?
5. Q5 State the difference between sale and agreement to sell
6. Q6 What does the term “goods” include under the Sale of Goods Act, 1930?
7. Q7 What is liability of a partner for the acts of the firm?
8. Q8 Explain continuing guarantee with an example
9. Q9 What is the effect of part delivery as per the Sale of Goods Act, 1930?
10. Q10 What is the extent of an agents authority?
11. Q2 Write a short note on any TWO of the following [2Q*6M=12]
12. Q1 Rights of a Bailee
13. Q2 Exceptions to caveat emptor
14. Q3 Rights of a minor admitted to the benefits of the partnership
15. Q4 Sub-agent
16. Q3 Answer any TWO of the following situational problems [2Q*6M= 12]
17. Q1 Deep and Mira enter into an agreement to start a partnership firm. They agree that profits of the firm shall be shared in 60:40 ratio, but Mira shall not liable for any loss or liability of the firm. They commence the business of partnership, without registration of the firm. Both Mira and Deep enter into contracts on behalf of the firm
    • (I) Is there a partnership between Deep and Mira? Give reasons in support of your answer (II) Is it mandatory to register a firm? What is the effect non-registration of a partnership firm?
18. Q2 Aamir a 21 year old man appoints Salman, a 16 year old boy as his agent. Aamir is the owner of a ship and cargo, who authorises Salman to procure an insurance for 4,000 rupees on the ship Salman procures a policy for 4,000 rupees on the ship and another one for the same amount for the
    • (I) Is the appointment of Salman as Aamir’s agent valid? Give reasons in support of your answer (II) Is Aamir bound to pay the premium for the insurance policy of the ship and the cargo? Give reasons in support of your answer
19. Q3 Geeta gives her cycle to Ram for a period of 15 days on hire at Rs. 50/- per day. Ram does not return the cycle on the day of the return and on the 20th day he meets with an accident. The accident was not his fault and was the fault of the third party
    • (I) Identify and define the contractual relationship between Geeta and Ram? Will Ram be liable to Geeta for the damage caused to the cycle? Give reasons to support your
20. Q4 Kumar sells good to Abhishek. Abhishek does not pay the whole price of the goods to Kumar Kumar is yet to deliver the goods to Abhishek and due to non-payment of the price, Kumar refuses to deliver them to Abhishek
    • (I) Is Kumar justified in refusing to deliver goods Abhishek? Why ? Give reasons in support of your answer with relevant provisions (II) What are the other rights that are available to Kumar?
21. Q4 Answer any TWO of the following question in detail. [2Q*12 = 24]
22. Q1 What is contract of Guarantee and who are the parties to it? Discuss in detail the surety’s liability and the modes of discharge of surety
23. Q2 Differentiate between a condition and a warranty. Discuss the implied conditions and warranties specified under the Sale of Goods Act, 1930. When is condition treated as a warranty?
24. Q3 What are the essentials of a partnership? Discuss in detail the various modes of dissolution of a partnership firm and the rights of an outgoing partner
25. Q4 Define an “Agent” and a “Principal”. Discuss the modes of appointment and termination of
    • (3) site
    • (I) WA

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