END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-VIII &X International Commercial Law (Hons.
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Explain the following (each explanatoin should be in approximately 100 words): (Marks 2×10=20)
a. Information system
b. Electronic data interchange
c. Duty of sea worthiness
d. Airway bill
e. Aviation insurance
f. Hamburg rules
g. Meaning of commercial under International commercial Arbitration
h. Doctrine of deviation
i. Hardship under CISG.
j. Rotterdam rule
2. The UNCITRAL model law on electronic commerce applies to any kind of information in form of a data message used in context of commercial activities. In this reference, what do you understand by data message and retention of data messages? What is the admissibility and evidential weight of data messages in any legal proceeding? (Marks 10)
3. The Brussels Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (also known as 'Hague rules') appeared as the first set of rules creating a uniform international carrier liability regime, standardizing the right and liability of the parties. Discuss. Also write down the provision related to duties of a carrier under Hague- Visby rules. (Marks 10)
4. The Incoterms are a set of International rules that provide an interpretation for the most used commercial terms in foreign trade operations. The aim of Incoterms is standardization and interpretation of contractual trade terms. In this context discuss the concept, definition and justification for the Incoterm. Give your opinion on changes made in the edition 2010 and point out their impact on both local and international trade. (Marks 10)
5. The Warsaw Convention 1929 provides a comprehensive framework of a unified liability regime applicable to claims arising out of international air transport, irrespective of the domicile of the parties, the place of loss or injury, or the venue of the trial. In this context discuss
a. The Air carrier's liability for loss damages or delay.
b. Consignor's right of disposal. (Marks
6. Answer the following:
a. What do you understand by party autonomy principal under CISG, 1980?
b. What do you mean by formation of contract? On March 1 Buyer mails a letter to Seller enclosing a purchase order form for specified equipment manufactured by Seller. The letter makes specific reference to the price listed in Seller's catalog. Is Buyer's communication an "offer? (Marks
7. Write short note on any two of the following-
a. Marine Insurance
b. International commercial arbitration
c. UNIDROIT principles.