B.A.LL.B. (Semester (CGPA) Examination Nov/Dec-2018
SPECIAL CONTRACT
Time: 2½ Hours
Max. Marks: 70
Instructions: All questions are compulsory. Figures to the right indicate full marks.
Q.1
Multiple choice questions:
14
The bailment of goods as security for payment of a debt or performance of promise is called:
Indemnity
Pledge
Both and
None of the above
The Negotiable Instruments Act was came into force in the year:
1981
1881
2002
None of the above
The doctrine of "Holding out" was recognized under the following section in the Indian Partnership Act.
Section: 28
Section: 29
Section: 30
None of the above
Identify the section under the Negotiable Instruments Act which provides penalty for dishonor of a cheque for insufficiency of funds in the accounts.
Section: 137
Section: 132
Section: 138
None of the above
If the transfer of the property in the goods is to take place at a future time or subject to some fulfillment of condition, the contract is called as:
Agreement to Sell
Bailment
Sale
None of the above
In the Partnership firm the liability of a partner is:
Z
Limited
Unlimited
Both and
None of the above
The principle "Nemodat quod non habet" means:
Nobody can give what he himself has not got
Let the buyer beware
Let the seller beware
None of the above
The principle "Caveat Emptor" means:
Finder of goods
Let the buyer beware
Let the seller beware
None of the above
A person who is employed by and acting under the control of the original agent in the business of agency is called as:
Substituted agent
Sub-agent
Both and
None of the above
10) When a guarantee extends to a series of transactions it is called as:
Specific guarantee
Continuing guarantee
Both and
None of the above
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SLR-HJ-25
11) Find out nature of goods when A agrees to sell a car to B which has not yet manufactured treated as:
Future goods
Finder of goods
Both and
None of the above
12) Identify the section which defines Contract of Sale under the Sale of Goods Act.
Section: 4
Section: 5
Section: 6
None of the above
13) Identify the section which defines Promissory note under the Negotiable Instruments Act.
Section: 6
Section: 5
Section: 4
None of the above
14) Identify the section under Indian Contract Act which provides that where a person who finds goods belonging to another and takes them into custody is subject to the same responsibility as a bailee.
Section: 70
Section: 71
Section: 72
None of the above
Q.2
Answer any four of the following:
16
Explain contract of bailment. Discuss the rights and duties of bailor and bailee under the Indian Contract Act.
Define the contract of guarantee and indemnity and make out distinction between indemnity and guarantee under the Indian Contract Act.
Define the contract of sale and explain the distinction between sale and agreement to sale under the Sale of Goods Act.
Define the term Negotiable Instrument and explain the various kinds of negotiable instruments under the Negotiable Instruments Act.
Explain the meaning of finder of goods and his rights under the Indian Contract Act.
Explain the meaning of "Caveat Emptor" and its exceptions.
Q.3
Answer any two of the following questions:
12
Define the term pledge and explain the rights of pawner and pawnee under the Indian Contract Act.
Explain the term unpaid seller and discuss in detail his rights against the goods under the Sale of Goods Act.
Explain the principle "Nemo dat quod non habet" and its exceptions under Sale of Goods Act.
Define the term Cheque and explain the provision relating to dishonor of cheque and penalties provided under Negotiable Instruments Act with relevant case law.
Q.4
Answer any one of the following:
14
Define the term agent and principal. Explain the various kinds of agents and methods of creation and termination of agency under the Indian Contract Act.
OR
Define the term surety and explain the extent of rights and liability of surety and co-sureties. Critically examine the modes of discharge of surety under the Indian Contract Act.
Q.5
Define the term partnership and explain rights and duties of partners. Discuss in detail various methods of dissolution of partnership under the Indian Partnership Act with relevant case laws.