LL.B. (Three Years) Sem 4 Contract II Nov 2019 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 laws wherever necessary.

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

1. (1) How is a person introduced as a partner in a firm?
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2. (2) How is 'goodwill' sold after dissolution of a firm?
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3. (3) Define 'Bailment' as per Indian Contracts Act, 1872.
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4. (4) What is the effect of notice to 'acting' partner?
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5. (5) What is 'Continuing guarantee'? Explain with illustration.
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6. (6) When does a Pawnee have a right of retainer?
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7. (7) 'Sale by sample' as provided under Sale of Goods Act, 1930?
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8. (8) 'Part delivery' under Sale of Goods Act, 1930.
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9. (9) Define 'Agent' and 'Sub-agent'.
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10. (10) "Document of title to goods".
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Q.2 Q.2: Write Short Notes on any 4 of the following (20 Marks - 5 marks each)

1. (1) Bailor's duties to goods bailed.
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2. (2) Revocation of authority of an agent.
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3. (3) Retirement of a Partner and his liabilities.
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4. (4) Dissolution of a firm by the Court.
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5. (5) Rights of an "Unpaid Seller".
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6. (6) Sale by auction.
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Q.3 Q.3: Solve any 2 out of the following 3 (12 Marks - 6 marks each)

1. (1) Dev directs Hira to sell Dev's estate. Hira, on looking over the estate before selling it, finds a mine on the estate which is unknown to Dev. Hira informs Dev that he himself wishes to buy the estate, but conceals discovery of the mine. Dev allows Hira to buy, in ignorance of the mine there on the estate. (i) What is the relationship between Dev and Hira? (ii) What is the remedy available to Dev after he discovers the fact that Hira knew about the existence of mine at the time of buying the estate?
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2. (2) There was a contract for the Sale of a parcel of 500 bags of rice. Unknown to the seller 50 bags were stolen at the time of the contract. The seller delivered the rest of the bags, but the buyer refused to take them. The seller then brought an action for the price. (i) Is the buyer liable to take or pay for the goods in the above case? Give reasons. (ii) What kind of contract is the above? Why?
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3. (3) The owner of a cotton-mill entered into partnership with two others. The business was carried on at his mill. The value of the assets of the mill was credited to his capital account and he was allowed interest on it. The mill was enlarged and improved by the firm and also new buildings were erected on the land acquired by the firm. (i) The mill becomes whose property? (ii) What provisions of The Indian Partnership Act, 1932 governs the above case?
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Q.4 Q.4: Answer any 4 out of the following 6 (48 Marks - 12 marks each)

1. (1) Who is 'surety' and 'co-surety'? Elucidate the rights and duties of Co-sureties with illustrations.
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2. (2) What is 'Pledge' or 'pawn'? What are the rights and duties of a pawnee?
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3. (3) Explain the Doctrine of Caveat Emptor and its exceptions with examples.
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4. (4) Discuss the rights, liabilities and disabilities of a minor in a Partnership.
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5. (5) Discuss the following with illustrations: (1) Provisions of expulsion of Partners (2) Effects of Insolvency of Partners
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6. (6) What is meant by 'condition' and 'warranty'? Discuss the important points of distinction between the two terms.
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Read from the scan above, so a character or two may differ. The scan is the original.