MARKS: 80 COURSES: GDM
SUB: CORPORATE LAW
N.B.: 1) Attempt any Twelve Questions
2) Last two Questions are compulsory Q.1.In the following statements only one is correct statement. Explain Briefly? (5)
i)An invitation to negotiate is a good offer.
ii)A quasi-contract is not a contract at all.
iii)An agreement to agree is a valid contract.
Q.2.A ship-owner agreed to carry to cargo of sugar belonging to A from Constanza to Busrah. He knew that there was a sugar market in Busrah and that A was a sugar merchant, but did not know that he intended to sell the cargo, immediately on its arrival. Owning to Shipment’s default, the voyage was delayed and sugar fetched a lower price than it would have done had it arrived on time. A claimed compensation for the full loss suffered by him because of the delay. Give your decision. Explain Briefly?(5)
Q.3.The proprietors of a medical preparation called the “Carbolic Smoke Ball” published in several newspapers the following advertisement:- “£ 1000 reward will be paid by the Carbolic Smoke Ball Co. to any person who contracts the increasing epidemic influenza after having used the Smoke Ball three times daily for two weeks according to printed directions supplied with each ball. £ 1000 is deposited with the Alliance Bank showing our sincerity in the matter. On the faith in this advertisement, the plaintiff bought a Smoke Ball and used it as directed. She was attacked by influenza. She sued the company for the reward. Will she succeed?Explain Briefly(5) Q.4.Fazal consigned four cases of Chinese crackers at Kanpur to be carried to Allahabad on the 30th May, 1987. He intended to sell them at the Shabarat festival of 5th June 1987. The railway discovered that the consignment could not be sent by passenger train and asked Fazal either to remove them or authorize their dispatch by goods train. He took no action and the goods arrived at Allahabad a month after they were booked. Fazal filed a suit against Railways for damages due to late delivery of the goods which deprived him of the special profits at the festival sale. Decide & explain briefly? (5)
Q.5.‘Lifeoy’ Soap company advertised that it would give a reward of Rs. 2000 who contracted skin disease after using the ‘Lifeoy’ soap of the company for a certain period according to the printed directions. Mrs. Jacob purchased the advertised ‘Lifeboy’ and contracted skin disease inspite of using this soap according to the printed instructions. She claimed reward of Rs. 2000. The claim is resisted by the company on the ground that offer was not made to her and that in any case she had not communicated her acceptance of the offer. Decide whether Mrs. Jacob can claim the reward or not. Give reasons. Explain briefly?(5)
Q.6.In each set of statements, only one is correct. State the correct statements & Explain briefly? a)i)A bailee has a general lien on the goods bailed.
ii)The ownership of goods pawned passes to the pawnee. iii) A gratuitous bailment can be terminated by the bailor even before the stated time.
b)i)A substituted agent is as good an agent of the agent as a sub-
ii) An ostensible agency is as effective as an express agency. iii) A principal can always revoke an agent’s authority. (5) Q.7.A, an unpaid seller, sends goods to B by railway. B becomes insolvent And A sends a telegram to Railway authorities not to deliver the goods to B. B. goes to the Parcel office of Railway Yard and by presenting R. R. (Railway Receipt) takes delivery of the goods and starts putting them in the cart. Meanwhile the Station Master comes running with the telegram in hand and takes possession of the goods from B....