Annexure: II Format for Homework of Quantitative Courses

LOVELY PROFESSIONAL UNIVERSITY

HOME WORK: 4

School: Lovely School of Management Department: Commerce

Name of the faculty member: Course No: COM103
Course Title: Commercial Law
Class: Term: Section: Batch:
Max. Marks: 15 Date of Allotment: Date of Submission:

Attempt all the questions:

Part-A

Q.1. Rohit bought a truck from dharmesh and used it for 4 months. Dharmesh had in fact no title
to the truck. As a consequence, Rohit had to return the truck to its original owner. Discuss the
condition of Rohit.

In the above case as Dharmesh sold the truck which does not belonged to him. It meant that Dharmesh
misrepresented Rohit who bought that truck from him. So now, when Rohit had to return the truck to its
original owner, he is entitled to claim the amount back from Dharmesh and can sue him in the court of
law.

Q.2. A farmer bought a reaping machine which he had never seen. The seller, Mahesh described
the machine “to have been new the previous year and used to cut only 50 to 60 acres only. But the
farmer found the machine to be extremely old. Discuss his legal position against Mahesh.

In the above case there are two parties; buyer and the seller (Rohit and Dharmesh respectively). In this
case, farmer bought the machine as this contract was a sale by description and as Dharmesh stated
about the reaping machine that it is just one years old but in reality it was very old. So this is the example
of breach of implied condition as the goods must be exactly similar to the description of the machine given
by Mahesh. So here, the farmer can revoke the contract and claim for the damages/refund of money.

Q.3. A manufacturer supplied 500 statues under a contract. The statues when arrived were found
to be scratched and dented. Discuss if the merchant can sue for the price.

Q.4 A lady who knew that she was allergic to a particular hair dye developed dermatitis as a result
of having her hair dyed with that substance. She did not disclose her allergy to the hair dresser. Is
the hair dresser liable for breach of implied condition?

This case is the example of implied condition. In this case the Hair Dresser will not be held responsible for
the breach of the implied condition. It is the lady’s responsibility to take care of her hair. Because this
implied condition remains same for all the persons which are having the same dye on their hair so the hair
dresser is not liable for the breach of the contract.

Q.5. “A” sells a horse to B. when B goes with the horse, he is arrested by the police on the charge
of keeping stolen property as the horse belongs to C. Can B sue A, and on what basis and what
damages he can recover.
This is a breach of contract as A sold that horse to B which he stolen from C and didn’t tell B about that
fact. Therefore, in this case A is indirectly responsible for the breach of the contract. So in this case B can
definitely sue A and claim for the damages which were caused by the breach of the contract.

Q.6. A railway company is in possession of goods as a carrier when an unpaid seller gives notice
of stoppage in transit. The buyer of the goods owes money to the railway company also. Can the
railway company exercise the right of lien over the goods in violation of the right of stoppage in
transit of the seller?

Q.7. A bought from B a shipment of nuts and B sent to A the bill of lading. A handed over the bill
of lading to C in return of a loan. C took the bill of lading in good faith. Subsequently, A became
insolvent. B attempted to stop the goods in transit, but C claimed them. Is C’s claim justified?

Part-B

Q.8 Rajesh was shopping in a self service shopping mall. He picked up a bottle exploded in his
hands and injured him. Can Rajesh claim damages for the injury.

Q.9. Mr. Mehta boarded the flight from Mumbai to Delhi. But on arriving in Delhi, he found out that
his luggage was missing from the deck. The concerned authorities have failed to found the
whereabouts of his luggage. Mr. Mehta has the necessary boarding passes and receipts with him.
Discuss the legal situation.

Q. 10. A while travelling from Indian railways fell down and got injured due to the faulty berth. He
had to incur expenses over the injury and the inconvenience caused. Discuss the legal situation.

Q.11 Seema while going through railways ordered for the lunch. After having the lunch, she faced
an upset stomach and had to be admitted in hospital for reasons of food poisoning. Discuss the
legal situation.

Q.12. A famous and reputed food chain restaurant by mistake served a non vegetarian item to a
totally vegetarian person. This caused a lot of frustration and disturbance to the customer.
Discuss the legal situation.

Q.13. A person unsatisfied with a defective chocolate filed a complaint after 40 days with the
district consumer forum regarding its unambiguous taste and flavor. Will the plea be heard?

Q.14. D purchases a VCR from a dealer of repute. D being a non technical person does not know
about its technical details. But the VCR was found to be defective from the very beginning and did
not work despite of the repairs undertaken by the dealer. D wants to return the set and claim
refund. Dealer refuses to take the set back and also refuses to accept the claim for refund. State
the applicable provisions.

Date: Sig. of Faculty member

Remarks by HOD (Mandatory)

Sig. of HOD with date

Remarks by HOS (Mandatory)

Sig. of HOS with date