LL.B. (Three Years) Sem 4 Contract II Jun 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer any SIX of the following questions in 2-3 sentences (12 Marks - 2 marks each)

1. (1) State the essentials of partnership.
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2. (2) Who is a sub-agent?
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3. (3) What is the difference between a condition and warranty under the Sale of Goods Act, 1930?
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4. (4) What rights does a pawnee have after pawnor's default?
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5. (5) State the difference between sale and agreement to sell.
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6. (6) When are goods said to be in a deliverable state?
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7. (7) State any two rights and duties of a partner.
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8. (8) Define contract of guarantee.
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9. (9) What does 'future goods' mean under the Sale of Goods Act, 1930?
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10. (10) What is the extent of an agent's authority?
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Q.2 Q.2: Write a short note on any TWO of the following (12 Marks - 6 marks each)

1. (1) Rights of a surety against creditor.
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2. (2) Exceptions to caveat emptor.
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3. (3) Partnership at will.
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4. (4) Distinguish between contract of indemnity and guarantee.
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Q.3 Q.3: Answer any TWO of the following situational problems (12 Marks - 6 marks each)

1. (1) Deep and Mira enter into an agreement to start a partnership firm. They agree that profits of the firm shall be shared in 60:40 ratio, but Mira shall not be liable for any loss or liability of the firm. They commence the business of partnership, without registration of the firm. Both Mira and Deep enter into contracts on behalf of the firm. (I) Is there a partnership between Deep and Mira? Give reasons in support of your answer. (II) Is it mandatory to register a firm? What is the effect of non-registration of a partnership firm?
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2. (2) Adil, a 16 year old boy, is Billy's agent for sale of goods. He induces Heera to buy Billy's goods by a misrepresentation, which he was not authorised by Billy to make. (I) Is the appointment of Adil as Billy's agent valid? (II) Is the contract of sale of goods binding on Billy and Heera? Give reasons in support of your answer.
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3. (3) Geeta guarantees payment of price to Sita for the goods to be supplied by Sita to Ram in the year 2023. The price of the goods being fixed at the time of the contract. Sita and Ram, without the consent of Geeta, substantially increase the price of the goods. Subsequent to the increase, Ram makes a default. (I) What is the contractual relationship between Geeta, Sita and Ram? Is Geeta liable to pay Sita upon the default by Ram? Give reasons. (II) State any three modes mentioned in the Indian Contract Act, 1872 by which a surety is discharged of his liability?
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4. (4) 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 price. (I) Is the buyer liable to take or pay for the goods in the above case? Give reasons. (II) Is the above contract valid? Give reasons.
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Q.4 Q.4: Answer any TWO of the following questions in detail (24 Marks - 12 marks each)

1. (1) Differentiate between Bailment and Pledge. Discuss general and particular lien of a bailor and differentiate it from the Pawnee's right of retainer.
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2. (2) Who is an Unpaid Seller? Discuss the statutory rights an unpaid seller has in respect of goods.
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3. (3) Explain in detail the rights and liabilities of a minor admitted to the benefit of partnership.
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4. (4) State the essentials of Agency? Discuss the duties of an agent towards the principal.
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