WE PROVIDE CASE
STUDY ANSWERS, ASSIGNMENT SOLUTIONS, PROJECT
REPORTS AND THESIS
ARAVIND
- 09901366442 – 09902787224
CORPORATE LAW
1.
(a) Discuss the term ‘Continuing Guarantee’. How
can it be revoked?
(b)
State briefly the rights and obligations of a
bailee.
2.
(a) What do you understand by the term Implied
‘Authority of a partner’?
(b) Enumerate the acts which are not covered
under implied authority.
3. (a)
What are the rights and duties of a minor in relation to partnership
business?
(b)
Distinguish between --
(i)
Sub-agent and Substituted Agent
(ii)
Sale, Bailment and Pledge
4. (a)
Explain the rights of a partner.
(b)
Distinguish between the following:
(i)
Succession and Assignment.
(ii)
Contract of Indemnity and Contract of Guarantee.
5.
Write
short note on.
i)
Non-registration of a firm.
ii)
Capacity of
Contract
iii)
Kinds of
Bailment.
iv)
Anticipatory
breach of a Contract.
6.
a)
When is a Surety Discharged from Liability by the conduct of the creditor.
b) Describe the rules relating to
passing of property in the sale of goods.
7.
a) What is an illegal agreement? State the
effects of illegality.
b)
What is ‘Supervening Impossibility’? What are its effect upon the
contract?
c) What are the remedies available to the buyer
when goods in wrong quantity
delivered to him?
d)
When shall a retired partner be discharged from his liabilities for the
acts of the firm before retirement?
8.
(a) State the principles on which damages are
assessed for breach of contract.
(b)
Describe the law relating to the ‘right of resale’ available to an
unpaid seller
in the Sale of Goods Act, 1930.
9.
a) What are the rules regarding delivery of
goods?
b)
Distinguish between:
i) Novation and Alteration.
ii) Liquidated damages and
penalty
10.
a)
Transferee of a partner’s interest cannot exercise the right of
transferring partner.
b)
Appropriation is a right primarily of the debtor and for his benefit.
c)
A proposal can be revoked otherwise than by communication.
d)
Right of stoppage in transit is an extension of the right of lien.
CORPORATE LAW
Q.1. In the following
statements only one is correct statement. Explain Briefly?
(5 Marks)
i) An invitation to
negotiate is a good offer.
ii) A quasi-contract is not
a contract at all.
iii) An agreement to agree
is a valid contract.
Q.2. A ship-owner agreed to
carry to cargo of sugar belonging to A from Constanza to Busrah. He knew that
there was a sugar market in Busrah and that A was a sugar merchant, but did not
know that he intended to sell the cargo, immediately on its arrival. Owning to
Shipment’s default, the voyage was delayed and sugar fetched a lower price than
it would have done had it arrived on time. A claimed compensation for the full
loss suffered by him because of the delay. Give your decision. Explain
Briefly? (5 Marks)
Q.3. The proprietors of a
medical preparation called the “Carbolic Smoke Ball” published in several newspapers
the following advertisement:-
“£ 1000 reward will be paid
by the Carbolic Smoke Ball Co. to any person who contracts the increasing
epidemic influenza after having used the Smoke Ball three times daily for two
weeks according to printed directions supplied with each ball. £ 1000 is deposited
with the Alliance Bank showing our sincerity in the matter. On the faith in
this advertisement, the plaintiff bought a Smoke Ball and used it as directed.
She was
attacked by influenza. She
sued the company for the reward. Will she succeed? Explain Briefly (5 Marks)
Q.4. Fazal consigned four
cases of Chinese crackers at Kanpur to be carried to Allahabad on the 30th May,
1987. He intended to sell them at the Shabarat festival of 5th June 1987. The
railway discovered that the consignment could not be sent by passenger train
and asked Fazal either to remove them or authorize their dispatch by goods
train. He took no action and the goods arrived at Allahabad a month after they were
booked.
Fazal filed a suit against
Railways for damages due to late delivery of the goods which deprived him of
the special profits at the festival sale. Decide & explain briefly ?
(5 Marks)
Q.5. ‘Lifeoy’ Soap company
advertised that it would give a reward of Rs. 2000 who contracted skin disease
after using the ‘Lifeoy’ soap of the company for a certain period according to
the printed directions. Mrs. Jacob purchased the advertised ‘Lifeboy’ and
contracted skin disease ins pite of using this soap according to the printed
instructions. She claimed reward of Rs. 2000. The claim is resisted by the
company on the ground that offer was not made to her and that in any case she
had not communicated her acceptance of the offer. Decide whether Mrs. Jacob can
claim the reward or not. Give reasons. Explain briefly? (5 Marks)
Q.6. In each set of
statements, only one is correct. State the correct statements & Explain
briefly?
a) i) A bailee has a
general lien on the goods bailed.
ii) The ownership of goods
pawned passes to the pawnee.
iii) A gratuitous bailment
can be terminated by the bailor even
before the stated time.
b) i) A substituted agent
is as good an agent of the agent as a subagent.
ii) An ostensible agency is
as effective as an express agency.
iii) A principal can always
revoke an agent’s authority. (5 Marks)
Q.7. A, an unpaid seller,
sends goods to B by railway. B becomes insolvent
And A sends a telegram to
Railway authorities not to deliver the goods to B. B. goes to the Parcel office
of Railway Yard and by presenting R. R. (Railway Receipt) takes delivery of the
goods and starts putting them in the cart. Meanwhile the Station Master comes
running with the telegram in hand and takes possession of the goods from B.
Discuss the rights of A and B to the goods in possession of Railway
authorities.
Q.8. X needs Rs. 10,000 but
cannot raise this amount because his credit is not good enough. Y whose credit
is good accommodates. X by giving him a pronote made out in favour of X, though
Y owes no money to X. X endorses the pronote to Z for value received. Z who is
holder in due course the pronote to Z for value received. Z who is holder in
due course demands payment from Y. Can refuse and plead the arrangement between
him and X Explain briefly?
Q.9. Will C has the right
of further negotiation in the following cases: (B signs the endorsements) Explain
briefly? (5 Marks)
i) ‘Pay C for my use’ ii)
‘Pay C’) iv) ‘Pay C or order for the account of B’
Q.10. A promissory note was
made without mentioning any time for payment. The holder added the words’ on
demand on the face of the instrument. State whether it amounted to material
alteration and explain the effect of such alteration. Explain briefly? (5 Marks)
Q.11. State whether the
following instruments are valid promissory notes:
i) I promise to pay Rs.
5000 to B on the dearth of ‘B’s uncle provided that D in his will gives me a
legacy sufficient for the promise of payment of the said sum.
ii) I hereby acknowledge
that I owe X Rs. 5,000 on account of rent due and I agree that the said sum
will be paid be me in regular installments.
iii) I acknowledge myself
indebted to B in Rs. 5000 to be paid on demand for value received.
(5 Marks)
Q.12. A Payee holder of a bill
of exchange. He endorses it in blank and delivers it to B. B endorses in full to
C or order. C without endorsement transfers the bill to D. State giving reasons
whether D as bearer of the bill of exchange is entitled to recover the payment
from A or B or C. Explain briefly?
Q.13. Write a short note on
the Doctrine of Indoor Management? Explain briefly?
Q.14. The shareholders at
an annual general meeting passed a resolution for the payment of dividend at a rate
higher than that recommended by the Board of Directors. Examine the validity of
the resolution.
Explain briefly?
Q.15. In a prospectus
issued by a company the Managing Director stated that the company had paid dividend
every year during 1921 – 27, which was a fact. However, the company had sustained
losses during the relevant period and had paid dividends out of secret reserves
accumulated in the past. Examine the consequences of the observation made by
the Managing Director. Explain briefly?
Q.16. In a prospectus
issued by a company the Managing Director stated that the company had paid dividend
every year during 1921-27, which was a fact. However, the company had sustained
losses during the relevant period and had dividends out of secret reserves
accumulated in the past. Examine the consequences of the observation made by
the Managing Director. Explain briefly?
Q.17. A buys from B 400
shares in a company on the faith of a share certificate issued by the company.
A tender to the company a transfer deed duly executed together with B’s share
certificate. The company discovers that the certificate in the name of B has
been fraudulently obtained and refuses to register the transfer. Advise A.
Explain briefly?
Q.18. A insured his house
against fire. Later while insure, A killed his wife, severely injured his only
son, set fire to the house and died in the fire. The son survived and sued the
insurer for the fire loss, advice the insurer. Explain briefly? (5 Marks)
Q.19. a) Satrang Singh
admitted his only infant son in a private nursing home. As a result of strong
dose of medicine administered by the nursing attendant, the child has become
mentally retarded. Satrang Singh wants to make a complaint to the District
Forum under the Consumer Protection Act, 1986 seeking relief by way of compensation
on the ground that there was deficiency in service by the nursing home. Does
his complaint give rise to a consumer dispute? Who is the consumer in the instant
case? Explain briefly?
b) Smart booked a motor
vehicle through one of the dealers. He was informed subsequently that the procedure
for purchasing the motor vehicle had changed and was called upon to make
further payment to continue the booking before delivery. On being aggrieved,
Smart filed a complaint with the State Commission under the Consumer Protection
Act, 1986. Will he succeed? Explain briefly?
c) Brittle and Company, a
small-scale industry, sought nursing and financing facilities from its bankers by
means of grant of further advances and adequate margin money in anticipation of
good demand for its products. In failing to obtain this and having become sick,
it proceeds against its bankers under the Consumer Protection Act, 1986, Will
it succeed? Explain briefly?
Q.20. X who was working as
a truck driver had taken a general insurance policy to cover the risk of injuries
for a period from 1.11.1998 to 30.11.1999. He renewed the policy for a further
period of one year on 10.11.1999. On the same day, he met with an accident and
suffered multiple injuries including fractures. X submitted the claim along
with documents to the insurance company. The insurance company repudiated the
claim on the ground that the premium for the renewed policy was received in the
office only at 2.30 p.m. on 10.11.1999, while the accident had taken place at
10.00 a.m. on that day and hence there was no policy at the time of accident.
Will X succeed if he files a
complaint against the
insurance company for this claim? Explain briefly?
Q.21. Avinash booked his
goods with Superfast Freight Carriers at Delhi for being carried to Ferozabad. The
goods receipt note mentioned that all the disputes would be subject to
jurisdiction of the Mumbai Court. Avinash lodged a complaint for certain
deficiency in service against the transporter in the District Forum at Delhi. Superfast
Carriers contested that District Forum at Delhi had no jurisdiction to
entertain the complaint as the head office of the transporter was at Mumbai and
the jurisdiction has been clearly stated in the goods receipt not. Is the
contention of the transporter
tenable? Explain briefly?
(5 Marks)
Q.22. With reference to the
provisions of the Consumer Protection Act, 1986, decide the following giving reasons
in support of your answer.
i) Sukh Dukh Ltd.
dispatched certain consignments of goods by road through Fastrack Roadways Ltd.
The goods were unloaded and stored in a godown enroute on the suggestion of
consignee. A fire broke out in the neighbouring godown spread to the godown and
goods were destroyed. The Fastrack Roadways Ltd. claimed that there was neither
negligence nor deficiency in service on their part and goods were being carried
at “Owner risk” and since no special premium was paid, they were not
responsible for the loss caused by fire. Whether Fastrack Roadways Ltd. is
liable to pay damages to consignor?
ii) Life Insurance
Corporation (LIC) formulated a scheme called ‘salary saving scheme’ under which
employees of an organisation could buy an insurance policy. Premium due on each
policy was collected by the employer from the salary of the employees nor did
it issue any premium notice. When the widow of the deceased employee made a
claim to LIC on the death of her husband, the LIC repudiated the claim on the
ground that four installments of premium had not been paid. The widow was
approached the consumer forum for redressal. Is the LIC liable for deficiency
in service? Explain?
iii) Raman booked a ticket
from Delhi to New York by Lufthansa Airlines. The airport authorities in New
Delhi did not find any fault in his visa and other documents. However, at
Frankfurt airport authorities instituted proceedings of verification because of
which Raman missed his flight to New York. After necessary verification, Raman
was able to reach New York by the next flight. The airline authorities’
tendered apology to Raman for the inconvenience caused to him and also paid as goodwill
gesture a sum of Rs. 5,000. Raman intends to institute proceedings under the
Consumer Protection Act, 1986 against Lufthansa Airlines for deficiency in
service. Will he succeed?
(10 Marks )
Q.23. With reference to the
provisions of the Consumer Protection Act, 1986, decide the following giving reasons
in support of your answer.
i) Sohn sent all relevant
documents in an envelope regarding consignment of goods to a buyer in the USA
through Fast Service Couriers. The documents did not reach the buyer as a
consequence of which the buyer could not take delivery of the goods. By the
time the duplicate copies of the document had been received by the buyer, the
season of the goods was over. He claimed that he had suffered a loss of US $
5,000 as a result of the negligence of the courier. The State Commission ordered
the payment to be made by the Fast Service Couriers, but the National
Commission in appeal reversed the order and ordered payment of US $ 100 only as
per the receipt issued by the Fast Service Courier to the consignor at the time
of the dispatch of the latter. Advise Sohan.
ii) Mahesh purchased a
machine from Astute Ltd. to operate it himself for earning his liverhood. He took
the assistance of a person to assist him in operating the machine. The machine
developed fault during the warranty period. He filed a claim in the consumer
forum against the company for deficiency in service. Astute Ltd. alleged that
Mahesh did not operate the machine himself but had appointed a person
exclusively to operate the machine. Will Mahesh succeed?
iii) Pillai purchased a car
by taking a loan from Kerala cooperative Bank Ltd. and gave post-dated cheques
to the bank not only in respect of repayment of loan instalments but also of
premium of insurance policy for two succeeding years. On the expiry of the
policy. Pillai’s car met with an accident. Will Pillai succeed in getting a
claim against the
Bank ? (10 Marks)
CORPORATE LAW
a) Void Contracts and Void able Contracts
b) Standard Terms and Freedom of Contract
c) Banking Law
d) Negotiable Instruments
Q2) Explain the procedure of Incorporation of
Companies, issuance of Prospectus and Rising of Capital?
Q3) Explain the law of Contract and discuss
the term Offer, Acceptance and Agreement?
Q4) Discuss the Fundamental Rights of the
Business?
Q5) Discuss the aims and objectives Indian
Sale of Goods Act, 1930?
Q6) What is the Intellectual Property Rights
Law. Discuss its relevance to liberalization and Globalization?
Q7) What is the aims and objectives of the
Standards of Weights and Measures Act, 1976?
Q8) Discuss in brief the Consumer Protection
Act 1986?
WE PROVIDE CASE
STUDY ANSWERS, ASSIGNMENT SOLUTIONS, PROJECT
REPORTS AND THESIS
ARAVIND
- 09901366442 – 09902787224
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