LLB 3 Years Sem 4 Contract 2 Apr 2011 II Question Paper - Mumbai University | munotes

Questions asked in this paper

• (2) Figures to the right indicate marks assigned to each question

1. Q1 Write in not more than two sentences — 20 marks
   • (a) Quote the difference between Indian Law and English Law about Contract of Indemnity in relation to Act of Goa
   • (b) Define “Goods” as provided under Sale of Goods Act, 1930
   • (c) What is the conclusive test of partnership ?
   • (d) Can Creditor sue only Surety without filing a suit against Debtor ? Give reasons
   • (e) When the goods are said to be in a deliverable state ?
   • (f) Under what situation, partner in a partnership firm becomes “former partner” without giving notice to other partners
   • (g) What is the consideration for creating an agency ?
   • (h) State the implied condition when sale by sample takes place
   • (i) What is the role of Dormant Partner in a partnership firm Can Bailee file a suit against Bailor if Bailor refuses to pay reasonable expenses incurred by Bailee in preserving non-perishable goods bailed to him ? Give reasons and quote Right of Bailee in the instant case
2. Q2 Write short notes any four 20 marks
   • (a) General Lien and Particular Lien
   • (b) Sale under Trade Name and Patent
   • (c) Agency by Ratification
   • (d) Duties of a Partner
   • (e) C.I.F. and Contracts
   • (f) Relation of partners inter-se and with third parties
3. Q3 Solve any two :— 12 marks
   • (a) A, apartner in partnership firm had been in.adultery with other
   • (i) Can the partnership business continue ? Give reasons
   • (ii) On what grounds, if any, can Court Order dissolution of firm ?
   • (b) Aorders from B specific articles of China. B sends these articles to A in hamper with other articles of China which had not been ordered
   • (i) Can Buyer refuse to accept the goods ? If so, on what grounds ?
   • (ii) What action seller should take so that Buyer can accept such
   • (c) Debtor, at the time of taking loan from a bank executed an agreement of hypothecation of goods in favour of the said Bank and as Surety for the loan granted by the Bank to A. A failed to repay the loan when due. Bank sued A and B to recover the amount of Due to neglience of Bank A had disposed off hypothecated
   • (i) Does B have any remedy against A ? If so, explain
   • (ii) Does B stands discharged towards the Bank ? Give reasons
4. Q4 Attempt any four :— 48 marks
   • (a) Discuss in detail Contract of Bailment with rights and duties of a Bailee If there is an addition to the goods bailed, who can claim the addition to such goods ?
   • (b) Discuss the remedies available to Seller and Buyer for Breach of Contract by both of them
   • (c) Quote rules regarding transfer of property from seller to: buyer under Sale of Goods Act, 1930
   • (d) Discuss provisions for Registration of Partnership Firms under Indian Partnership Act, 1932. What is the object of such registration ? Can unregistered partnerhsip firm file another suit after registration of partnerhsip firm against the same third party on the same causes of action without the permission of the Honourable Court ? Give reasons for your answer
   • (e) Discuss in detail Law of Agency with special reference to termination
   • (f) What do you mean by Partnerhsip ? State provisions about retirement of a partner and his liabilities

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