Unique Paper Code 1202
Revised 0 of 27

Business LawsNovember–December 2018

B.Com (Hons) · 5 questions · 2 parts still being checked

Duration: 2.5 HoursMaximum Marks: 75

From an older CBCS paper

Reworded by Kunji from the printed paper. The original paper belongs to the University of Delhi. See DU's question bank.

Before you start

  1. Pace. Two minutes a mark: about 30 minutes for each 15-mark question, with nothing spare in 2.5 hours. Pick your side of each OR before you start writing.
  2. Keep score. Every part opens a worked answer checked against the books. Turn the key when you have revised it; the boxes at the top fill in, on this device.

1.

15 marks
· ~30 min
(a)True or false: transactions collateral to illegal agreements; restraint of legal proceedings; contingent contractsGiving brief reasons, State whether each statement below is True or False : (i) Transactions collateral to an illegal agreements do not become void. (ii) An Agreement in restraint of legal proceedings is valid. (iii)…(9)
(b)Mistake of fact and mistake of lawHow does a Mistake of Fact differ from a Mistake of Law ? Give examples.(6)
OR
(a)True or false: quasi contracts; wagering agreements; free consentGiving brief reasons, State whether each statement below is True or False : (i) Quasi contracts are contracts that are illegal. (ii) Wagering agreements are void ab initio. (iii) When it is not caused by coercion or…(9)
(b)The position of a minor in contractExplain in detail the position of minor in contract.(6)

2.

15 marks
· ~30 min
(a)Fraud and misrepresentationDifferentiate between fraud and misrepresentation.(3)
(a)Appointment never communicatedP was an applicant for the post of Principal in a school. The managing committee selected him, but no formal communication was sent to him. Some time later the committee met and cancelled P's appointment as the…(3)
(a)Promise to pay the rescuer's sonA saved B from a serious car accident at the risk of his own life. B promises to pay ₹ 12,000 to C (Son of A). B fails to pay. Can C recover ₹ 12,000 from B ?(3)
(b)Contract of indemnity and contract of guaranteeDifferentiate between contract of indemnity and contract of guarantee.(6)
OR
(a)Ratification and prior authority“Ratification tantamounts to prior authority.” Comment.(3)
(a)Music hall burnt before the concertsFor a series of concerts, C agreed to let out his musical hall to T. Before the date of the first concert, the hall was accidently brunt. T sued C, claiming damages for breach of contract. Is T able to recover damages…(3)
(a)Defective car hiredX takes a car on hire from Y, agreeing to pay hire charges of ₹ 1,200. The car's brake is defective, but Y is not aware of it. While using the car, X is injured in an accident caused by the faulty brake. X claims…(3)
(b)Actual breach and anticipatory breachDifferentiate between actual breach and anticipatory breach.(6)

3.

15 marks
· ~30 min
(a)Condition treated as warrantyIn what case can a breach of condition be treated as a breach of warranty ?(3)
(a)Risk passes with property“Prima facie, risk passes with property.” Comment.(3)
(a)Stolen car resoldR purchased a second hand motor car from D and used it for four months. It then came to light that the car was a stolen one, so that D had no title to it. Compelled to hand the car back to its true owner, R sued D for…(3)
(b)Sale and agreement to sellDistinguish between ‘Sale’ and ‘An agreement to sell’.(6)
OR
(a)Rights of an unpaid seller against the goodsAgainst the goods, Explain the rights of an unpaid seller.(9)
(b)Delivery and its modes; mercantile agent selling below the reserve priceDefine the expression “Delivery of Goods”. State the different modes by which goods may be effectively delivered. (ii) X, the owner of a car, hands the car over to Y, a mercantile agent, and instructs him to sell it…(6)

4.

15 marks
· ~30 min
(a)
Voluntary winding up of an LLPBeing checked
(9)
(b)LLP as a legal entity distinct from its members“A Limited Liability Partnership is, in law, an entity distinct from its members, whether taken individually or collectively.” Comment.(3)
(b)Protection for whistle-blowingRegarding whistle blowing, what protection does the LLP Act provide to partners and employees ?(3)
OR
(a)Conversion of a partnership firm into an LLP: procedure and effectsUnder the LLP Act, 2008, Explain the procedure for conversion of a partnership into an LLP, and its effects.(9)
(b)Extent of liability of an LLP; eligibility of designated partnersExplain the extent of the liability of an LLP. (ii) Under the LLP Act, what are the eligibility conditions for a designated partner ?(6)

5.

15 marks
· ~30 min
(a)
E-governance and how the IT Act facilitates itBeing checked
(9)
(b)Objects of the Information Technology Act, 2000Discuss the objects of IT Act, 2000.(6)
OR
(a)Appellate Tribunal's powers and appeal to the High CourtThe same powers as a Civil Court are held by the Appellate Tribunal, yet an aggrieved party may take an appeal to the High Court.(3)
(a)Obscene materialExplain the meaning of publishing or transmitting obscence material in electronic form, and the punishment for it.(3)
(a)Computer resource and intermediaryDefine these terms : Computer Resource and Intermediary.(3)
(b)Functions of the Controller of Certifying AuthoritiesWhat are the functions of Controller of Certifying Authority ?(6)

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