LL.B. (Three Years) Sem 4 Contract II Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in two sentences (20 Marks - 2 marks each)

1. (a) Explain partners authority in an emergency?
   Read the model answer
2. (b) Who is an undisclosed Principal?
   Read the model answer
3. (c) When can a finder of goods exercise a particular lien?
   Read the model answer
4. (d) Define contract of indemnity?
   Read the model answer
5. (e) What is a 'reserve price'?
   Read the model answer
6. (f) Define partnership at will?
   Read the model answer
7. (g) Define 'sub agent' and 'substituted agent'.
   Read the model answer
8. (h) Distinction between 'Hypothecation' and 'Pledge'.
   Read the model answer
9. (i) What is a 'continuing guarantee'?
   Read the model answer
10. (j) What is F.O.B. contract?
    Read the model answer

Q.2 Q.2: Write short notes on any four (20 Marks - 5 marks each)

1. (a) Sale of specific goods.
   Read the model answer
2. (b) Revocation of guarantee.
   Read the model answer
3. (c) Rights and duties of bailor and bailee.
   Read the model answer
4. (d) Registration of firm.
   Read the model answer
5. (e) Agents authority in an emergency.
   Read the model answer
6. (f) Rights of Pledgee.
   Read the model answer

Q.3 Q.3: Solve any two (12 Marks - 6 marks each)

1. (a) 'A' instructs 'B', a merchant, to buy a ship for him. 'B' employs a ship surveyor of good reputation to choose a ship for 'A'. The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. (i) Who will be bound to make good the loss to 'A'? Give reasons. (ii) What is the legal position of the ship surveyor and will he be liable for loss to 'A'? Give reasons.
   Read the model answer
2. (b) 'P' and 'C' were partners in a business of letting garages and repairing cars. 'G' was a sleeping partner. A clause in the partnership deed prohibited partners from buying and selling cars on behalf of the firm. 'P' sold a car to which the firm had no title and obtained Rs. 10,000/-. When the buyer found that the seller had no title to sell, he claimed damages from 'G', the sleeping partner. (i) Will 'G' be liable? Give reasons. (ii) Is the act of 'P' within the scope of implied authority of a partner? Explain the legal position of 'P'.
   Read the model answer
3. (c) The goods sold were to be carried first by railway and then by ship to their ultimate destination at Melbourne. The seller gave notice to the railway company to stop the goods but it was too late to prevent their shipment. The seller then gave notice to the ship owner, before it arrived at Melbourne. The trustee of the bankrupt buyer demanded the goods. (i) Will the trustee of the bankrupt buyer get the goods? Give reasons. (ii) Can the seller issue a notice to the ship owner and stop the goods in transit? Why?
   Read the model answer

Q.4 Q.4: Answer in detail, any four (48 Marks - 12 marks each)

1. (a) What do you mean by agency? Discuss in detail the modes of creation and termination of agency.
   Read the model answer
2. (b) Discuss in detail the effects and procedure of transfer of property and title as between seller and buyer?
   Read the model answer
3. (c) Discuss in detail the modes of dissolution of a firm and the mode of settlement of account between partners on dissolution of firm.
   Read the model answer
4. (d) Discuss in detail the rights of a surety as against the principal debtor, creditor and co-sureties?
   Read the model answer
5. (e) Distinguish between bailment and pledge and discuss the right of lien exercised by bailee?
   Read the model answer
6. (f) Define 'unpaid seller' and discuss in detail the rights of an unpaid seller against the goods.
   Read the model answer

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