APEX COLLEGE OF MANAGEMENT & COMPUTER APPLICATION, KAUSALGANJ

PAPER CODE (NMBA 022)ROLL NO.

NAME :

(Course MBA)

(SEM - II ) MAKE UP 2014-15

(BUSINESS LAW )Time: 1:30 hr Total Marks : 30SECTION AQ1. Write a short note on. Each Part carry 2 marksa) Contractb) Considerationc) Agreementd) Offere) AcceptanceSECTION BQ2. Attempt any 2 question. Each carry 5 marksa) What is Contract act?Explain elements of contract?b) What is breach of contract? How breach of contract appears?c) Explain Quasi contract?SECTION CQ3. Attempt case study 10 marks(Compulsory)The case of Carlil Vs. Carbonic Smoke Ball Co. ( 1893) is an illustration of a contract arising out of a general offer. The facts of the case are : The defendants advertised their product Carbonic Smoke Ball, a preventive remedy against influenza. In the advertisement they offered to pay a sum of 100 pounds as reward to any one who contracted influenza, colds or any disease caused by taking cold, after having used the Smoke Ball three times a day for two weeks, in accordance with the printed directions. They also announced that a sum of 1000 pounds had been deposited with the Alliance Bank to show sincerity in the matter. The plaintiff ( Mrs. Carlil ) relying on the advertisement purchased a Smoke Ball from a chemist, used the same in accordance with the directions of the defendants, but still caught influenza. She sued the defendants to claim the reward of 100 pounds advertised by them. It was held that this being a general offer addressed to all the world had ripened into a contract with the plaintiff by her act of performance of the required conditions and thus accepting the offer. She was therefore, entitled to claim the reward.

Q.What do you think Mrs Carlil entitled to get reward or not explain with logic?Q.Do you think this general offer is valid from ethical point of view?

APEX COLLEGE OF MANAGEMENT & COMPUTER APPLICATION, KAUSALGANJ

PAPER CODE (NMBA 014)ROLL NO.

NAME :

(Course MBA)

(SEM - II ) SAMPLE PAPER 2014-15

(BISINESS LAW )

1. What is Partnership act?2. Explain bouncing of cheque?3. Describe bill of exchange,promissory note?4. Warranties And condition?5. Explain Bailment and Pledge?6. Rights of unpaid seller?7. What is leagality of object?8. Explain about performance of a contract?9. Types of patner?10. What is impossibility?

APEX COLLEGE OF MANAGEMENT & COMPUTER APPLICATION, KAUSALGANJ

PAPER CODE (NMBA 022)ROLL NO.

NAME :

(Course MBA)

(SEM - II ) SECOND SESSIONAL 2014-15

(BUSINESS LAW )Time: 2:00 hr Total Marks : 30SECTION AQ1. Write a short note on. Each Part carry 2 marksf) Contract of indemnity and guaranteeg) Quasi contracth) Sleeping Partneri) Insolvency of partnerj) AcceptanceSECTION BQ2. Attempt any 2 question. Each carry 5 marksd) Describe Characteristics of negotiable Instrument? Explain Promissory Note,Bill of Exchange and Cheque?e) Describe rights and duties of partners? Explain types of partners?f) Explain how discharge of contract usually done?SECTION CQ3. Attempt case study 10 marks(Compulsory)FACTSPlaintiffs entered into contract for taking deliveries of the goods packed in wooden boxes from the defendants, which latter was to secure from London. Since British government prohibited the supply of such goods in wooden boxes, hence, defendants offered to supply the goods in bales to which plaintiffs refused and cancel[ed] the goods without claiming any compensation thereof in any of the correspondences. Plaintiffs later claimed damages for non-delivery.Q.Whether plaintiffs can claim any compensation?

APEX COLLEGE OF MANAGEMENT & COMPUTER APPLICATION, KAUSALGANJ

PAPER CODE (NMBA 022)ROLL NO.

NAME :

(Course MBA)

(SEM - II ) PRE UNIVERSITY EXAMINATION 2014-15

(BUSINESS LAW )Time: 3:00 hr Total Marks : 100Question paper is divided into 3 parts A,B and C.Section- AShort answer type question each question carry 2 marks each attempt any 10Q.a. Are all agreements considered as contracts? (10*2=20) b. What is RTI act?? c. What is company? d. What is Bailment? e. What is digital signature? f. What is contract of indemnity?g.What is quasi contract?h. What is agreement to sell?i. What is coercion?j. What is Pledge?k. What is caveat emptor?

Section B (5*10=50) Long answer type question each question carry 10 marks each attempt any 5.Q1. What are the various remedies available to a party in case of breach of contract? OR Q. What is agreement to sell of goods?

Q2. Explain various risk and responsibilities of partners? Q3. When is a seller of the goods deemed to be an unpaid seller? What are the rights against the goods and The buyer? Q4. Explain what is meant by a negotiable instrument? What are the presumptions in respect of a Negotiable Instrument? OR Q. Discuss the various modes of winding up the company? Q5. Explain the various provisons of RTI act? OR Q. Explain the provisions regarding secure electronic records and digital signatures in the Information Technolgy Act. Section- C (30 Marks)

Read the Case and answer the question asked below the Case.a) A & B were partners in a firm dealing in certain goods. A purchased goods which he knew were stolen and which belonged to C . The goods were sold by A to customers of the firm. B did not know anything about the purchase of the stolen goods and dealing in respect of them on behalf of the firm. C sues B is respect of goods sold by the firm.i. Advice Bii. Whether B can sue A? Explainiii. Explain the legal position of A & B