LL.B. (Five Years) Sem 8 Contract II Nov 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Attempt all questions. (2) Figures to the right indicate marks. (3) Give reasons/case-law wherever necessary.

SECTION I - Q.1: Answer the following questions in not more than two sentences each (20 Marks - 2 marks each)

1. Q1 Who is a 'holding-out' partner?
2. Q2 Briefly mention the difference between a sale and an agreement to sell goods.
3. Q3 What is the mode of determining existence of a partnership firm?
4. Q4 What is the meaning of special Lien?
5. Q5 What is the conclusive test of an Agency?
6. Q6 What is the meaning of gratuitous Bailment?
7. Q7 What are the implied conditions as to the title of goods?
8. Q8 What is the meaning of an 'Auction Sale'?
9. Q9 Who is a Del Credere Agent?
10. Q10 Which are the 3 important reasons why you will advise registration of a partnership firm?

SECTION II - Q.2: Write short notes on any four of the following (20 Marks - 5 marks each)

1. Q11 Rights and duties of outgoing partners of a firm.
2. Q12 Rights of an unpaid seller.
3. Q13 Minor as a partner in firm.
4. Q14 Pledge and Bailment.
5. Q15 Position of 'finder of goods'.
6. Q16 Discharge of surety.

SECTION III - Q.3: Solve any two of the following situation based problems, giving reasons and case-law (12 Marks - 6 marks each)

1. Q17 'A' and 'B' entered into a Partnership. It was inter alia agreed between them that 'B' was to get a salary of Rs. 5,000/- p.m. in lieu of the profits and that 'B' would not be liable for any loss or other liability of the firm. (i) Can 'B', a salaried person, be legally called a partner? Give reasons. (ii) What is the statutory provision of the Partnership Act which helps to ascertain whether the relationship between the parties is that of a partnership or otherwise?
2. Q18 'A' orders from 'B' specified articles of China. 'B' sends these articles to 'Z', though not ordered, along with other articles that 'Z' had ordered, in the hamper sent to 'Z'. (i) Can 'Z' refuse to accept these goods? If yes, on what grounds? (ii) Can 'B' compel 'Z' to accept these goods? How?
3. Q19 In a contract to supply fruits in a particular decided quantity, the supplier sent less in number, although he had received full payment. (i) Narrate any two rights of the buyers. (ii) Which remedies will you suggest to the buyer in such a situation?

SECTION IV - Q.4: Answer the following in detail, any four (48 Marks - 12 marks each)

1. Q20 What are the rules of 'transfer' of the 'property' in the goods from seller to the buyer? Explain the legal position of a sale done by a person who is not the owner, or is a joint owner, or in case of sale of goods under a voidable contract.
2. Q21 Write an essay on indemnity and guarantee.
3. Q22 What is meant by delivery of goods? Explain various modes and rules governing delivery of goods.
4. Q23 Explain the provisions regarding admission of new partner and expulsion of a partner. Also briefly narrate the liability of an outgoing partner towards other partners, the firm and third persons, after ceasing to be a partner of that firm.
5. Q24 Explain in brief the element of 'agency' in a partnership firm. What are the various types of partners and what is the implied authority available to each of them?
6. Q25 What is the legal and moral duty and responsibility of a surety? Narrate the various circumstances under which a surety is discharged from his liability.

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