LL.B. (Three Years) Sem 4 Contract II Apr 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) All questions are compulsory. (2) Figures to the right indicate marks. (3) Give reasons / case law wherever necessary.

Q.1 Q.1: Answer the following in not more than 2 sentences each (20 Marks - 2 marks each)

1. (a) What is the meaning of symbolic delivery?
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2. (b) What do you mean by 'agent'?
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3. (c) Explain "document of title to goods".
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4. (d) Define 'Pledge'.
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5. (e) What is meant by "act of a firm"?
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6. (f) Define a contract of sale.
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7. (g) Who is a "bailee"?
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8. (h) What is a 'contract of indemnity'?
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9. (i) Can a specific guarantee be revoked?
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10. (j) Who is a "principal debtor"?
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Q.2 Q.2: Write short notes on any two, as printed (20 Marks - 10 marks each)

1. (a) Agency coupled with interest
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2. (b) Unpaid seller
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3. (c) Expulsion of a partner
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4. (d) Rights of a surety.
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5. (e) Dissolution of a firm
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6. (f) Ascertainment of price
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Q.3 Q.3: Solve any two of the following giving reasons (12 Marks - 6 marks each)

1. (a) 'A' raises a loan from a financial institution 'B', for which 'Q' is a guarantor / surety. 'B', with an intention of increasing its business, re-structures the said loan and gives additional advances without additional security, and without informing 'Q' about it. 'A' turns out to be a defaulter and refuses to pay anything to 'B'. 'B' invokes the guarantee agreement against 'Q'. (1) Can 'B' hold 'Q' liable to pay for default of 'A'? (2) What are the remedies available to 'Q' against 'B'?
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2. (b) At an auction sale, 'C' made the highest bid for an article of 'P'. State the legal position with reasons in the following cases: (1) If 'C' withdrew the bid before the fall of the hammer, though he knew that one of the conditions of sale was that a bid once made cannot be withdrawn. (2) If the sale was not notified subject to a reserve price and if 'P' refused to accept the highest bid.
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3. (c) 'A', being indebted to 'B', gives him a 'Power of Attorney' to sell a certain plot of land and discharge his debt out of the said money. 'A' thereafter changes his mind and revokes the said power. 'B', however, proceeds with the sale. (1) Can 'B' proceed with the sale? (2) Advise 'A' for remedy.
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Q.4 Q.4: Answer in detail, any 4 (48 Marks - 12 marks each)

1. (a) Discuss: "Liability of a surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract."
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2. (b) Discuss the various ways in which a partner can leave a partnership firm and his liability after he ceases to be a partner.
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3. (c) What is meant by delivery of goods? State the various modes of delivery of goods and the rules governing them.
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4. (d) Discuss the implied conditions and warranties in a contract of sale of goods.
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5. (e) Who is a finder of goods? State briefly his rights and obligations. What is the nature of lien he has over the goods?
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6. (f) Explain briefly the various rights and obligations of Bailor and Bailee.
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Read from the scan above, so a character or two may differ. The scan is the original.