Second Semester of Three Year LL.B. Examination, June 2011
CONTRACT – II (Course – I)
Duration : 3 Hours Max. Marks : 100
Instructions :
1. Answer all 5 questions.
2. One essay type and one short note question or problem from each unit have to be attempted, which is referred as part (a) and (b) in all the units.
3. Figures to the right indicate marks.
4. Answer should be written either in English or Kannada completely.
UNIT – I
Q. No. 1. (a) Define contract of guarantee. State the distinctions betweencontract of guarantee and contract of indemnity. Marks : 15
OR
Define Pledge and explain the rights of Pawnee.
(b) ‘A’ lends his horse for riding to “B”. “A” knows that the horse is vicious and unsafe for riding but does not disclose the same to ‘B’. ‘B’ rides the horse. “B” is thrown and injured “B” files a suit against ‘A’ to recover damages. Decide. Marks : 5
OR
‘A’ entrusted some books to ‘B’ for binding. ‘B’ promised to complete the work and return the same within ten days. ‘B’ failed to return the books within agreed time. Subsequently the books were burnt in an accidental fire on his premises Can A recover damages from ‘B’ for the loss of his books ?
UNIT – II
Q. No. 2. (a) Explain the duties of an agent. Marks : 15
OR/
Who is an agent ? Explain the different modes of termination of agency.
(b) Write short note on “agency by ratification”. Marks : 5
OR
Write short note on ‘Sub-agent’.
UNIT – III
Q. No. 3. (a) Explain the rights and duties of a partner in a partnership firm. Marks : 15
OR
Discuss the different methods of dissolution of partnership firm.
(b) A, B and C are partners in a partnership business. ‘C’ retires without giving a public notice. ‘D’ an old costumer deals with the firm without notice of change. ‘D’ wants to hold ‘C’ also liable. Decide. Marks : 5
OR
‘A’ and ‘B’ agree to work together as carpenters. According to the agreement,‘A’ shall receive all profits and shall pay Rs. 5,000 per month to ‘B’ as wages. Discuss whether A and B are partners.
UNIT – IV
Q. No. 4. (a) Define Contact of Sale. State the distinctions between sale and agreement to sell. Marks : 15
OR
Explain the concept of “caveat emptor”. State the exceptions to this rule.
(b) A, B and C are joint owners of a horse. The horse is in possession of ‘C’with the permission of A and B. They have not authorised ‘C’ to sell the horse. ‘C’ sells the horse to ‘D’ a bonafide purchaser. A and B contend that the sale is void. Decide. Marks : 5
OR
‘A’ gave a golden ring to ‘B’ on “Sale or return” basis and asked ‘B’ to return the ring within ten days in the case of non approval . ‘B’ pledged the ring with ‘C’ without informing ‘A’ of his approval to purchase the ring. When price was not paid by ‘B’. “A” filed a suit against ‘C’ to recover the ring. Decide.
UNIT – V
Q. No. 5. (a) Discuss the rights and obligations of hirer under the Hire purchase agreement. Marks : 15
OR
Define Hire purchase agreement. State the distinctions between sale and hire purchase agreement.
(b) Write a short note on contents of hire-purchase agreement. Marks : 5
OR
Write a short note on ‘implied-warranties’.