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 2*10=20)
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 M’s 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 5+5=10)

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 5+5=10)

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 5+5=10)
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 5+5=10)

6. Answer the following:

a. What do you mean by ‘dissolution of a firm’? 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 5+5=10)

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.
END TERM EXAMINATION, APRIL 2017
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 marks
carried by each question are indicated at the end of the question.

1.Answer the following (each answer should be in approximately 100 words):

(Marks 2×10=20)
a. Contract of indemnity
b. Continuing guarantee
c. Rights of a surety
d. Discharge of surety's liability
e. Right of a Bailor
f. Personal liability of an agent
g. Implied warranties
h. Unpaid seller’s lien
i. Partnership at will
j. Termination of agency

2. (a) Define pledge and discuss the circumstances under which a valid pledge can be
made by persons other than owner of the goods.
(b) Discuss the implications of the maxim ‘delegatus non potest delegare’ in relation to
agency and state the exceptions to the rule. (Marks 5+5=10)

3. (a) In what respect does a Joint Hindu Family doing business differ from a Partnership
firm?
(b) A partnership consisted of two partners. It was agreed that one of the partners will retire.
Does it amount to dissolution of the partnership at the retirement of partner? Give reasons.
(Marks 5+5=10)

4. (a) A, B and C were partners of a firm which was not registered. Firm brought a suit for
the recovery of debt due from X to the firm. A, B and C had sent an application to the
Registrar of firms in the prescribed form and all formalities were completed but the firm was
not yet registered. Firm brought a suit against X. Can suit proceed?
(b) A lends money to B and C, who are partners of a firm, on the condition that he will be
entitled to one-third of the profits of the firm. Discuss the legal position of A.
(Marks 5+5=10)

5. (a) Define “Sale of Goods” and distinguish it from ‘Hire-Purchase’.

(b) “The buyer acquires no better title to the goods than the seller had”. In the light of
given statement discuss the statement and also point out the exceptions to this rule.
(Marks 5+5=10)

6. (a) A agrees to sell B ten bales of Egyptian cotton out of 100 bales lying in his godown.
The godown had been destroyed by fire at the time of the contract. A is unaware of this fact.
Who is to bear the loss? Give reasons.
(b) Distinguish between condition and warranty. When does condition become a warranty?
Explain by giving illustration. (Marks 5+5=10)

7. Write short notes on any two of the following:- (Marks 5+5=10)

a. Doctrine of Caveat emptor
b. General and particular lien
c. Substitute agent
END TERM EXAMINATION, APRIL - 2016
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 marks carried by
each question is indicated at the end of the question.

1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Continuing Guarantee
b. Right of indemnity Holder
c. Legal position of minor in partnership.
d. Nature of Agency
e. Caveat emptor
f. Nemo dat quad non habet
g. Holding out
h. Personal liability of an Agent
i. Pledge
j. Nature of surety’s liability.

2. Discuss the nature and essentials of contract of Indemnity. When the liability of Indemnifier
commences? (Marks 10)

3. Define a contract of guarantee. What are its characteristics? Distinguish between a contract of
guarantee and contract of indemnity. (Marks 10)

4. Under what circumstances a surety is discharged from the liability? (Marks 10)

5. Discuss the rights and duties of a Bailee. (Marks 10)

6. Who is an unpaid seller? What are the rights of an unpaid seller? (Marks 10)

7. What is dissolution of partnership firm? What are the grounds for dissolution of partnership firm?
Discuss (Marks 10)

*******
END TERM EXAMINATION, APRIL - 2015
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 number of marks
carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. When the liability of indemnifier commences?
b. Enumerate the rights of a surety.
c. What are the duties of a bailor?
d. What are essential ingredients of pledge?
e. Who is sub-agent?
f. What is agency of necessity?
g. When an agent incurs personal liability?
h. Discuss the methods of termination of an Agency.
i. What do you mean by compulsory dissolution of a firm?
j. Who is unpaid seller?

2. (a) Discuss the nature and extent of surety’s liability. (Marks 06)
(b) What do you mean by continuing guarantee? (Marks 04)

3. Discuss the duties of a bailee. (Marks 10)

4. What do you mean by the doctrine of ‘caveat emptor’? What are the exceptions to this doctrine?
(Marks 10)

5. Explain the following:

(a) When a non-owner can pledge the goods? (Marks 06)
(b) Differentiate between bailment & pledge. (Marks 04)

6. (a) What is the position of a minor under the partnership firm? (Marks 06)
(b) What do you understand by the doctrine of ‘holding out’? (Marks 04)

7. Write short notes on any two of the following: (Marks 5×2=10)

(a) Nature of agency
(b) Discharge of surety from liability.
(c) Implied terms in contract of sale.

*******
Hidayatullah National Law University, Raipur
End Term Examination, April -2014
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 number of marks
carried by each question is indicated at the end of the question.

1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)

a. Who is ‘del credere’ agent?

b. When does the liability of Indemnifier commence?
c. Who is a nominal Partner?
d. What is meant by Agency by Estoppel?
e. What do you understand by Lien?
f. What is continuing guarantee?
g. Who is a finder of lost goods?
h. Difference between bailment and pledge?
i. What do you understand by ‘mutual agency’?
j. What do you mean by ‘constructive delivery’ of goods?

2. (a) ‘The liability of a surety is secondary and co-extensive with that of the principle debtor,’
comment. (Marks 6)
(b) ‘X’ advanced to ‘Y’ a minor, Rs. 50,000/- on the guarantee of ‘Z’. On demand for repayment, ‘Y’
pleads minority. Can ‘X’ recover the amount form ‘Z’. Give your answer with reasons. (Marks 4)

3. (a) What is an Agency? What are the modes under which an Agency is created? (Marks 5)
(b)“Delegatus non potest delegare”. What are the exceptions to this rule? (Marks 5)

4. (a) A, B and C are partners in a trading firm. ‘A’, without the knowledge or consent of ‘B’ and
‘C’, borrowed Rs. 50,000/- from ‘D’, a customer of the firm, in the name of the firm. ‘A’ then buys
some goods for his personal household use with that borrowed money. Can ‘D’ hold ‘B’ and ‘C’
liable for the loan? Give your answer with relevant provisions of the Partnership Act, 1932.
(Marks 5)
(b) Whether Registration of Firm is mandatory in India? What are the disadvantages of Non-
Registration of a Firm? (Marks 5)

5. What do you understand by contract of guarantee? How does the contract of guarantee differ from
the contract of Indemnity? (Marks 10)

6. Ram gives his watch to Shyam to be used for six days during examinations. Shyam keeps the
watch for a week. While going to Ram’s house to return the watch, Shyam accidently slips and the
watch is badly damaged. Decide, who will bear the loss and why? Give your answer with relevant
provisions and talk about the duties of bailee. (Marks 10)
7. Write short notes on any two of the following:- (Marks 5x2=10)
a. “Nemo dat quod non habet” and its exceptions
b. Rights of pawner and pawnee
c. Distinguish between Sale and Agreement to Sell

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