LL.B. (Three Years) Sem 4 Contract II Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Write in not more than two sentences (20 Marks - 2 marks each)

1. (a) What is the effect of pretended bidding?
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2. (b) What is the difference between Sale and Agreement to Sell?
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3. (c) What is the conclusive test of partnership?
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4. (d) Define "Contract of Indemnity".
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5. (e) Define "Pledge".
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6. (f) What is meant by "Knock-out" agreement?
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7. (g) What is consideration under contract of Guarantee?
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8. (h) What is meant by Del Credere Agent?
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9. (i) Define Bailment.
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10. (j) Write any two rights of pledgee.
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Q.2 Q.2: Write Short Notes on any four (20 Marks - 5 marks each)

1. (a) Sale by Auction.
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2. (b) Pledge as special kind of Bailment.
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3. (c) Duties of Partner.
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4. (d) Qui facit per alium facit per se.
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5. (e) Discharge of surety.
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6. (f) Rights of indemnity Holder.
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Q.3 Q.3: Solve any two (12 Marks - 6 marks each)

1. (a) 'X', an owner of a Bus, gave it to a Travels company to maintain it for three years on a fixed annual payment. For the amount having become due as maintenance charge, the company claimed lien on the Bus. (i) Can the company retain the Bus for maintenance charges due? Reasons. (ii) What is the alternative remedy available for the company?
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2. (b) In a contract to supply fruits in a particular decided quantity, the supplier sent less in number, despite receiving full payment. (i) What are the rights of buyer? Any two. (ii) Remedies available to buyer in such circumstances.
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3. (c) 'A', a partner of a firm, takes a loan in the name of the 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 payment? Reasons. (ii) What will be the situation if 'A' sent a notice for retirement after this transaction? Discuss.
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Q.4 Q.4: Answer any four (48 Marks - 12 marks each)

1. (a) Explain various rights and duties of partners against each other and against third party.
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2. (b) Discuss contract of Indemnity and Rights and Duties of Indemnity holder.
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3. (c) Define "Agency" and discuss in detail various kinds of agency and function of different types of Agents.
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4. (d) Explain in detail different remedies available to seller and buyer for Breach of contract.
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5. (e) What is an implied condition? Discuss various types of it under Sale of Goods Act.
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6. (f) Write an essay on Indemnity and Guaranty.
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