LL.B. (Three Years) Sem 4 Contract II May 2025 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Please check whether you have got the right question paper. 2. All questions are compulsory. 3. Provide illustrations / case laws / examples where needed.

SECTION I - Q.1: Answer any Six of the following questions (12 Marks - 2 marks each)

1. Q1 State the essentials of Partnership.
2. Q2 Who is a Sub-agent?
3. Q3 Who can exercise General Lien?
4. Q4 Differentiate between Sale and Agreement to Sell.
5. Q5 What is Indemnity?
6. Q6 When are goods said to be in a deliverable state?
7. Q7 Explain continuing guarantee with an example.
8. Q8 Elaborate as to how can a partner be expelled from a firm?
9. Q9 What is the extent of an Agent's Authority?
10. Q10 Define Bailment as per Indian Contract Act.

SECTION II - Q.2: Answer any Two of the following questions (12 Marks - 6 marks each)

1. Q11 Duties of an Agent
2. Q12 Revocation of authority of an Agent
3. Q13 Pledge
4. Q14 Effect of passing of Property under Sale of Goods Act, 1930

SECTION III - Q.3: Answer any Two of the following questions (12 Marks - 6 marks each)

1. Q15 There was a Contract for Sale of a parcel of 1000 bags of Jowar. Unknown to the seller, 100 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.
2. Q16 Anju and Anu entered into an Agreement to start a Partnership firm. They agree that profits of the firm shall be shared in 60:40 ratio, but Anju shall not be liable for any loss or liability of the firm. They commence the business of Partnership, without Registration of the firm. Both Anju and Anu enter into Contracts on behalf of the firm. (i) Is there a valid Partnership between Anju and Anu? 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? Give reasons for your answer.
3. Q17 Atharva guarantees payment of price to Krishna for the goods to be supplied by Krishna to Raghav in the year 2024. The price of the goods being fixed at the time of the Contract, Krishna and Raghav, without the consent of Atharva, substantially increase the price of the goods. Subsequent to the increase, Raghav makes a default. (i) What is the Contractual relationship between Atharva, Krishna and Raghav? Is Atharva liable to pay Krishna upon the default by Raghav? Give reasons. (ii) State any Three modes mentioned in the Indian Contract Act, 1872 by which a Surety is discharged from Liability.
4. Q18 Tushar instructs Sohanlal, a merchant, to buy a ship for him and for that purpose to engage services of a ship surveyor. Sohanlal employs a ship surveyor of good reputation to choose a ship for Tushar. The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. (i) Explain who is a Sub-Agent. How is he different from a Substituted Agent? (ii) Who will be bound to make good the loss to Tushar? Give reasons.

SECTION IV - Q.4: Answer any Two of the following questions (24 Marks - 12 marks each)

1. Q19 Define Agency by Ratification. Explain its essential elements.
2. Q20 Define and elaborately distinguish between Condition and Warranty.
3. Q21 Elaborately discuss the various modes of Dissolution of a Partnership Firm.
4. Q22 Explain in detail the Rights and Duties of Bailor and Bailee.

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