Osmania University - 3 Year LLB - Ⅱ Semester - Law of Contracts - Ⅱ Previous Question Papers




Year-wise questions


PART-A

1) Characteristics of partnership


2) Co-sureties


3) Rule in Garner v. Murray


4) Different types of goods


5) Right of stoppage in transit


6) Pledge by non-owners


7) Rights of indemnity holder


PART-B

1) Explain the rights and duties of bailor and bailee


2) "A partner is the agent of the firm for the purposes of the business of firm" - Examine.


3) What are the various ways in which the relation of agency arises?


4) Termination of agency


5) Discuss the implied conditions and warranties in a contract for the sale of goods.


PART-C

1) Mr. Ashok as surety for Ms. Bhavya, makes a bond jointly with Bhavya to Mr. Kumar, to secure a loan from Kumar to Bhavya. Afterwards, Kumar obtains from Bhavya a further security for the same debt. Subsequently Kumar gives up the further security. Is Ashok discharged?


2) At a sale by auction without reserve, the auctioneer is instructed not to sell for less than a certain price. The auctioneer accepts the highest bona fide bid which, however, is lower than the reserve price. Is the sale valid, if so, is the auctioneer liable to compensate the principal seller?


3) Smt. Tara placed an order with B & Co. requesting the company to send the goods by sea. B & Co. took a bill of lading in the name of Tara and sent it to the company own agent. The goods were, however destroyed in the course of the voyage. Here, who has to bear the loss?


4) Alex, a publisher, agrees to publish at his own expense, a book written by Sridhar and to pay Sridhar half the net profits. Do Alex and Sridhar constitute partnership?





PART-A

1) Particular lien


2) Agreement to sell


3) Continuing guarantee


4) Hire-purchase agreement


5) Nemo dat quad no habet


6) Substituted agent


7) Pledge


8) Dissolution of Partnership


PART-B

1) Define guarantee and explain the extent of liability of surety.


2) What is meant by agency through ratification? State the conditions that must be fulfilled before the doctrine of ratification can apply to an act of an agent.


3) "The law of partnership is nothing but an extension of the law of principal and agent". Explain.


4) Discuss the implied conditions and warranties in a contract for the sale of goods.


PART-C

1) A sold 100 quintals of ground nut oil to B. Before it could be delivered to B, the Government of India required the whole quality lying with A in public interest. B wants to sue A for breach of contract. Advice B.


2) A advances to B a minor Rs.5000 on the guarantee of C. ON demand for repayment, B refuses to pay on the ground of his minority can A recover the amount from C?


3) To try a coat that is offered for sale a customer in a store takes off her own coat and in the presence of the proprietor lays it on the counter. The coat is stolen. Is the proprietor responsible for the loss as a Bailee?


4) A contracts to sell B a piece of silk. B thinks that it is Indian silk. A knows that B thinks so, but knows that it is not Indian silk. A does not correct B's impression. B afterwards discovers that it is not Indian silk. Can he repudiate the contract?





PART-A

1) Kinds of Guarantee


2) Dormant Partner


3) Future goods


4) Caveat Emptor


5) Rights of indemnity holder


6) Substituted agent


7) Pledge


8) Dissolution of Partnership


PART-B

1) Explain the circumstances in which a surety is discharged from liability.


2) What is the legal position of a minor partner in a firm?


3) Discuss the different modes in which the authority of an agent may be terminated.


4) When is a seller deemed to be an unpaid seller of goods and what are his rights?


PART-C

1) Mohan Lal delivers diamonds to Neel Kamal on sale or return basis. Neel Kamal delivers the diamonds to Om Prakash on sale or return. An unknown person takes away the diamonds from Om Prakash. Can Mohan Lal file a case against Neel Kamal for the price of the diamonds?


2) Raju, a partner of a firm, borrows money on his own credit by giving his own promissory note for the same, but he subsequently uses the proceeds of the note in the partnership concern of his own free will without any reference to the lender to do so. Is the firm liable for the loan?


3) 'G' Contracts with H to buy 50 easy chains of a certain quality. H delivers 25 chairs of the type agreed upon and 25 chairs of some other type. Does 'G' reject the chairs?


4) A agrees to indemnify 'B', a newspaper proprietor against claims arising out of the libel printed in the newspaper concerning a person of repute. Is this a valid agreement?





PART-A

1) Kinds of Partners


2) Contract of Bailment


3) Modes of creation of agency


4) Limited Liability Partnership


5) Rights of Pawnee


6) Rights of Surety against co-sureties


7) Hire-purchase agreement


8) Nemo dat quad no habet


PART-B

1) Explain the importance of express and implied conditions and warranties in a contract of sale of goods.


2) Discuss the different methods of dissolution of partnership firm.


3) What are the rights and duties of an agent?


4) Define contract of indemnity and guarantee and also distinguish.


PART-C

1) 'A', a doctor, by the exercise of undue influence, persuades his patient 'B' to sell a valuable diamond to him at a very low price. A obtaining possession of the diamond and pledges it with C. Is this a valid pledge?


2) Mr. John delivery his horse to Mr. Bose on 'sale or return within a week'. The horse dies three days after it had been delivered while in the possession of Bose. Can John recover the price? If so, under what circumstances?


3) 'P', 'Q' and 'R' are partners. R is a sleeping partner. He retires without giving a public notice. Will R liable for the subsequent debts incurred by P and Q?


4) Mr. Asok stands as a surety for the good conduct of Mr. Balu who is employed in a bank. Balu misappropriates some money but the bank excuses him without informing Asok about Balu's misconduct. Balu again misappropriates. Is Asok liable to bank?





PART-A

1) Contract of guarantee


2) Hypothecation


3) Rights of the surety


4) Rights of pawner


5) Delegation of authority


6) Caveat Emptor


PART-B

1) What do you mean by pledge? Who can pledge? Discuss with latest examples.


2) Define contract of guarantee. What are the effects of misrepresentation and concealment on contract of guarantee?


3) Define bailment. What are the essentials of bailment.


4) How partnership firm are registered? What are the consequences of registration and non-registration of partnership firm?


PART-C

1) 'A' lends a horse to 'B' for his own riding only. B allows C, a member of his family, to ride the horse. 'C' rides with care but the horse accidentally falls and is injured. Decide.


2) 'P' gives authority to 'A' to sell 'P's laud to pay himself, out of the proceeds, the debt due to him from 'P'. Subsequently 'P' revokes the authority given to 'A'. Advise 'P'.


3) 'X' holds a lease from 'Y', terminable on 3 months notice. 'Z' an unauthorized person gives a notice of termination to 'X' Can the notice be ratify by 'Y'.


4) 'A' stands as a surety for the good conduct of 'B'. Who is employed in a Bank. 'B' misappropriates some moneys. The bank excuses him without informing 'A' of B's misconduct. B again misappropriates Rs.50,000/-. The bank files a suit against 'A' on the strength of guarantee. Decide giving reasons.





Consolidated questions

PART-A

  • 1) Dissolution of Partnership

    August-2021,December-2021

    2
  • 2) Pledge

    August-2021,December-2021

    2
  • 3) Substituted agent

    August-2021,December-2021

    2
  • 4) Nemo dat quad no habet

    December-2021,November-2020

    2
  • 5) Rights of indemnity holder

    May-2022,August-2021

    2
  • 6) Hire-purchase agreement

    December-2021,November-2020

    2
  • 7) Caveat Emptor

    August-2021,August-2019

    2
  • 8) Pledge by non-owners

    May-2022

    1
  • 9) Right of stoppage in transit

    May-2022

    1
  • 10) Future goods

    August-2021

    1
  • 11) Rights of Surety against co-sureties

    November-2020

    1
  • 12) Different types of goods

    May-2022

    1
  • 13) Continuing guarantee

    December-2021

    1
  • 14) Delegation of authority

    August-2019

    1
  • 15) Rights of Pawnee

    November-2020

    1
  • 16) Dormant Partner

    August-2021

    1
  • 17) Rights of pawner

    August-2019

    1
  • 18) Rule in Garner v. Murray

    May-2022

    1
  • 19) Limited Liability Partnership

    November-2020

    1
  • 20) Kinds of Guarantee

    August-2021

    1
  • 21) Co-sureties

    May-2022

    1
  • 22) Agreement to sell

    December-2021

    1
  • 23) Modes of creation of agency

    November-2020

    1
  • 24) Rights of the surety

    August-2019

    1
  • 25) Characteristics of partnership

    May-2022

    1
  • 26) Particular lien

    December-2021

    1
  • 27) Hypothecation

    August-2019

    1
  • 28) Contract of Bailment

    November-2020

    1
  • 29) Kinds of Partners

    November-2020

    1
  • 30) Contract of guarantee

    August-2019

    1

PART-B

  • 1) Discuss the implied conditions and warranties in a contract for the sale of goods.

    May-2022,December-2021

    2
  • 2) How partnership firm are registered? What are the consequences of registration and non-registration of partnership firm?

    August-2019

    1
  • 3) When is a seller deemed to be an unpaid seller of goods and what are his rights?

    August-2021

    1
  • 4) "The law of partnership is nothing but an extension of the law of principal and agent". Explain.

    December-2021

    1
  • 5) Define bailment. What are the essentials of bailment.

    August-2019

    1
  • 6) Define contract of indemnity and guarantee and also distinguish.

    November-2020

    1
  • 7) Define contract of guarantee. What are the effects of misrepresentation and concealment on contract of guarantee?

    August-2019

    1
  • 8) What are the rights and duties of an agent?

    November-2020

    1
  • 9) Discuss the different methods of dissolution of partnership firm.

    November-2020

    1
  • 10) Discuss the different modes in which the authority of an agent may be terminated.

    August-2021

    1
  • 11) Termination of agency

    May-2022

    1
  • 12) Explain the importance of express and implied conditions and warranties in a contract of sale of goods.

    November-2020

    1
  • 13) What is the legal position of a minor partner in a firm?

    August-2021

    1
  • 14) What are the various ways in which the relation of agency arises?

    May-2022

    1
  • 15) "A partner is the agent of the firm for the purposes of the business of firm" - Examine.

    May-2022

    1
  • 16) What is meant by agency through ratification? State the conditions that must be fulfilled before the doctrine of ratification can apply to an act of an agent.

    December-2021

    1
  • 17) Explain the rights and duties of bailor and bailee

    May-2022

    1
  • 18) Explain the circumstances in which a surety is discharged from liability.

    August-2021

    1
  • 19) What do you mean by pledge? Who can pledge? Discuss with latest examples.

    August-2019

    1
  • 20) Define guarantee and explain the extent of liability of surety.

    December-2021

    1

PART-C

  • 1) Mr. Asok stands as a surety for the good conduct of Mr. Balu who is employed in a bank. Balu misappropriates some money but the bank excuses him without informing Asok about Balu's misconduct. Balu again misappropriates. Is Asok liable to bank?

    November-2020

    1
  • 2) A agrees to indemnify 'B', a newspaper proprietor against claims arising out of the libel printed in the newspaper concerning a person of repute. Is this a valid agreement?

    August-2021

    1
  • 3) 'G' Contracts with H to buy 50 easy chains of a certain quality. H delivers 25 chairs of the type agreed upon and 25 chairs of some other type. Does 'G' reject the chairs?

    August-2021

    1
  • 4) 'P', 'Q' and 'R' are partners. R is a sleeping partner. He retires without giving a public notice. Will R liable for the subsequent debts incurred by P and Q?

    November-2020

    1
  • 5) A contracts to sell B a piece of silk. B thinks that it is Indian silk. A knows that B thinks so, but knows that it is not Indian silk. A does not correct B's impression. B afterwards discovers that it is not Indian silk. Can he repudiate the contract?

    December-2021

    1
  • 6) Alex, a publisher, agrees to publish at his own expense, a book written by Sridhar and to pay Sridhar half the net profits. Do Alex and Sridhar constitute partnership?

    May-2022

    1
  • 7) To try a coat that is offered for sale a customer in a store takes off her own coat and in the presence of the proprietor lays it on the counter. The coat is stolen. Is the proprietor responsible for the loss as a Bailee?

    December-2021

    1
  • 8) A advances to B a minor Rs.5000 on the guarantee of C. ON demand for repayment, B refuses to pay on the ground of his minority can A recover the amount from C?

    December-2021

    1
  • 9) Smt. Tara placed an order with B & Co. requesting the company to send the goods by sea. B & Co. took a bill of lading in the name of Tara and sent it to the company own agent. The goods were, however destroyed in the course of the voyage. Here, who has to bear the loss?

    May-2022

    1
  • 10) A sold 100 quintals of ground nut oil to B. Before it could be delivered to B, the Government of India required the whole quality lying with A in public interest. B wants to sue A for breach of contract. Advice B.

    December-2021

    1
  • 11) At a sale by auction without reserve, the auctioneer is instructed not to sell for less than a certain price. The auctioneer accepts the highest bona fide bid which, however, is lower than the reserve price. Is the sale valid, if so, is the auctioneer liable to compensate the principal seller?

    May-2022

    1
  • 12) Mr. John delivery his horse to Mr. Bose on 'sale or return within a week'. The horse dies three days after it had been delivered while in the possession of Bose. Can John recover the price? If so, under what circumstances?

    November-2020

    1
  • 13) 'A' stands as a surety for the good conduct of 'B'. Who is employed in a Bank. 'B' misappropriates some moneys. The bank excuses him without informing 'A' of B's misconduct. B again misappropriates Rs.50,000/-. The bank files a suit against 'A' on the strength of guarantee. Decide giving reasons.

    August-2019

    1
  • 14) 'X' holds a lease from 'Y', terminable on 3 months notice. 'Z' an unauthorized person gives a notice of termination to 'X' Can the notice be ratify by 'Y'.

    August-2019

    1
  • 15) Raju, a partner of a firm, borrows money on his own credit by giving his own promissory note for the same, but he subsequently uses the proceeds of the note in the partnership concern of his own free will without any reference to the lender to do so. Is the firm liable for the loan?

    August-2021

    1
  • 16) 'P' gives authority to 'A' to sell 'P's laud to pay himself, out of the proceeds, the debt due to him from 'P'. Subsequently 'P' revokes the authority given to 'A'. Advise 'P'.

    August-2019

    1
  • 17) 'A', a doctor, by the exercise of undue influence, persuades his patient 'B' to sell a valuable diamond to him at a very low price. A obtaining possession of the diamond and pledges it with C. Is this a valid pledge?

    November-2020

    1
  • 18) Mohan Lal delivers diamonds to Neel Kamal on sale or return basis. Neel Kamal delivers the diamonds to Om Prakash on sale or return. An unknown person takes away the diamonds from Om Prakash. Can Mohan Lal file a case against Neel Kamal for the price of the diamonds?

    August-2021

    1
  • 19) 'A' lends a horse to 'B' for his own riding only. B allows C, a member of his family, to ride the horse. 'C' rides with care but the horse accidentally falls and is injured. Decide.

    August-2019

    1
  • 20) Mr. Ashok as surety for Ms. Bhavya, makes a bond jointly with Bhavya to Mr. Kumar, to secure a loan from Kumar to Bhavya. Afterwards, Kumar obtains from Bhavya a further security for the same debt. Subsequently Kumar gives up the further security. Is Ashok discharged?

    May-2022

    1