LL.B. (Three Years) Sem 4 Contract II 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

MCQ Multiple choice questions (30 Marks - 1.5 marks each)

1. 1 Suresh enters into a Contract with Ramesh to compensate against the consequences of any proceedings which Kamlesh may take against Ramesh in respect of a certain sum of 5 lakh rupees. This is a . (a) Contract of agency (b) Contract of Indemnity (c) Contract of Guarantee (d) Contract of Insurance
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2. 2 Obtaining a person's consent to act as a Surety by keeping silence as to material circumstances, renders such a contract . (a) Valid (b) Invalid (c) Voidable (d) None of the above
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3. 3 Where a contract to give time to the principal debtor is made by the creditor with a third person & not with the principal debtor, which of the following is applicable . (a) The surety is not discharged (b) The surety is discharged (c) Principal debtor is discharged (d) all of the above
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4. 4 Which of the following is not applicable for the dissolution of firm by notice? (a) The partnership must be at will (b) The partnership must be Particular. (c) Notice must be communicated to all partners. (d) Notice must be explicit & final
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5. 5 Which of the following cannot be the ground for compulsory dissolution of the partnership firm? (a) By the adjudication of all the partners as insolvent (b) By the adjudication of all the partners except one as insolvent (c) When the business of the firm becomes illegal. (d) By the expiration of the partnership term.
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6. 6 Voluntary transfer of possession of goods from one person to another is called . (a) Actual delivery (b) Symbolic delivery (c) Constructive delivery (d) all of the above
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7. 7 Which of the following is not an Implied Condition? (a) Condition as to Title (b) Condition of Merchantable Quality (c) Condition of sale by Sample (d) Condition of quiet Possession
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8. 8 Anil hires a horse in Calcutta from Sunil expressly to march to Delhi. Anil rides with due care, but marches to Mumbai instead. The horse accidentally falls and is injured. Who is liable for the injury to the horse? (a) Anil (b) Sunil (c) Both equally (d) None
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9. 9 The following person is competent to make the pledge . (a) Owner or a person with his authority (b) Mercantile agent (c) A person in possession under a voidable contract (d) all of the above
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10. 10 Atul instructs Ramesh, a merchant, to buy a ship for him. Ramesh employs a ship surveyor of good reputation to choose a ship for Atul. The surveyor makes the choice negligently & the ship turns out to be unseaworthy & is lost. In such a case who is responsible? (a) Ramesh is responsible to Atul (b) Ship surveyor is responsible to Atul. (c) Ramesh & Ship surveyor are responsible to Atul. (d) Atul himself is responsible for the loss.
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11. 11 An agency is not terminated by operation of law in the following case: (a) Agency becoming unlawful (b) Death or Insanity of Principal or Agent (c) Insolvency of Principal (d) Expiry of time fixed for the agency
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12. 12 A partner is not entitled to receive remuneration for taking part in the conduct of the business of partnership. This provision is . (a) Subject to the Contract between the Partners. (b) Subject to the contract between partners and third party. (c) Subject to the contract between partners and creditors. (d) Subject to the direction of the registrar.
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13. 13 A firm that continues after the expiry of the term is called as . (a) Partnership at will (b) Particular partnership (c) Limited partnership (d) Limited liability partnership
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14. 13a A continuing guarantee may be revoked as to future transactions by ______. (Printed without a number between MCQ 13 and MCQ 14, with one option only, in the Marathi: by giving notice to the principal debtor.)
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15. 14 The historic case laying down the test for determining the existence of Partnership is: (a) Grave v. Smith (b) Bloream v Pell (c) Mingh v. Carver (d) Car v. Hickman
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16. 15 Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when ___ (a) The goods are delivered to the buyer. (b) The price is paid by the buyer. (c) The contract is made. (d) The buyer accepts the goods
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17. 16 A seller delivers goods in excess of the quantity ordered for. The buyer may ___ (a) Accept the whole (b) Reject the whole. (c) Accept the goods ordered for and return excess. (d) Accept goods as per requirement.
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18. 17 Baldry v. Marshal is a leading case relating to: (a) Fitness for buyer (b) Sale under a patent or trade name (c) Consent by fraud (d) Resale of goods
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19. 18 Unless otherwise agreed, the goods remain at seller's risk until: (a) The goods have been delivered to the buyer (b) The goods have been utilised by the buyer (c) The price to the goods has been received by seller (d) The property therein has been transferred to the buyer
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20. 19 An agreement in restraint of trade in a partnership under S. 11 of the Indian Partnership Act, 1932, is: (a) Valid. (b) Voidable. (c) Void. (d) Invalid.
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21. 20 Under the provision of the Sale of Goods Act, (a) Delivery of the goods must always be made before payment of the price (b) Payment of the price must always be made before delivery of the Goods (c) Delivery and payment are always concurrent condition (d) Delivery and payment are concurrent conditions, unless otherwise agreed.
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DTQ Descriptive questions (30 Marks - 3 marks each)

1. 1 What is Unpaid Seller's Lien?
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2. 2 Dheeraj and Co. is registered as a partnership firm in 2015 with Mr. A, Mr. B and Mr. C as partners. In 2018 Mr. A passed away. In 2019 Mr. B and Mr. C sue Mr. Z in the name and on behalf of Dheeraj and Co. without fresh registration. Is the suit against Mr. X maintainable? Give valid reason. Explain essential elements of partnership under Indian Partnership Act, 1932.
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3. 3 Mr. Ratan sells 1000 kg of fruits to Mr. Jatin and sends him Railway receipt. When Mr. Ratan is still unpaid, he comes to know that Mr. Jatin has become insolvent. When the goods are still in transit, Mr. Jatin assigned the Railway Receipt to Mr. Yogesh for clearance of goods. Can Mr. Ratan stop the goods in transit? On which principle the above situational problem is based?
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4. 4 How is a contract of indemnity different from a contract of guarantee?
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5. 5 Amit runs a business & he admits Bhushan also in the Business, subject to the conditions that Bhushan will not invest any money in the business &, Bhushan in lieu of profit will get a salary of Rs. 5 lakh p.a. Bhushan will not have any dealing on behalf of the business & he will also not be liable for any loss. Is it a Partnership Business?
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6. 6 Write the facts and the principle laid down in Collin v. Wright.
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7. 7 What is meant by 'Nemo dat quod non habet'?
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8. 8 Explain the contract of guarantee.
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9. 9 Define bailment, explain kinds of bailment.
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10. 10 Discuss in detail the mode of termination of agency.
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