END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-II
Law of Contract-II
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The mark carried by each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks
a. Constructive delivery
b. Revocation of continuing guarantee
c. Imputed notice
d. Goodwill of firm
e. Duties of bailor
f. Particular lien
g. Contingent dissolution of firm
h. Mutual agency
i. Pretended agent
j. Ostensible authority of agent
2. Answer the following:
a. "Although in a contract of guarantee the surety is under obligation to discharge the liability of principal debtor in case of his default, yet under certain circumstances he can be discharged from such liability". Critically explain the statement.
b. A puts M as apprentice to B and gives a guarantee to B for fidelity. B promises that he will see M make up the cash at least once a month. B omits to see this done and M embezzles. Decide the liability of A as a surety and give reasons in support. (Marks
3. Answer the following:
a. "If certain duties necessary to protect the interest of bailor are not imposed upon the Bailee under contract of bailment, no person shall be willing to be a party as bailor in such contract." In the light of this statement discuss the duties of a Bailee.
b. A hires a horse from B in Calcutta to march to Varanasi. A rides carefully but marches to Cuttack instead. The horse falls accidently and injured. Discuss the liability of A for the injury caused to the horse. (Marks
4. Answer the following:
a. Enumerate various modes of creation of agency and critically discuss the 'agency of necessity'.
b. R instructed S a transporter to send a consignment of apples to Mumbai. After covering half distance, S found that apples will perish before reaching Mumbai. He sold the same at half the market price. R sued S. Will R succeed? (Marks
PTO
5. Answer the following:
a. Explain the doctrine of 'caveat emptor'. What are various exceptions to this doctrine? Discuss.
b. B asked S a chemist for hot water bottle. S sold him an American rubber bottle. When wife of B was using the bottle, it burst and injured her. Discuss the liability of seller under the Sale of Goods Act.
(Marks
6. Answer the following:
a. What do you mean by 'dissolution of a Describe the circumstances in which a partnership firm may be dissolved by the court.
b. Discuss the liability of a firm which is not registered. (Marks
7. Write short notes on any two of the following:- (Marks 5×2=10)
a. Pledge
b. Conditions and Warranties
c. Sale and Agreement to sale.