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Law of Contracts - II - May/June 2010 Backlog (New) 3YDC

Question Type Question  
Short Indemnity
Short Revocation of surety.
Short Pawnor`s Right to redeem.
Short Undisclosed Principal
Short Minor Partner
Short Caveat Emptor
Short Sale and Hire Purchase
Short Define Condition and Warranty under Sale of Goods Act.
Long State the circumstances in which a surety is discharged from liability.
Long Define Bailment and explain the essentials of a contract of bailment.
Long "Nemo dat qvod non habet". Explain the maxim. State the exceptions to this rule.
Long Define Partnership and explain the essentials of a contract of Partnership.
Problem "A" lends his car to "B" for a drive by him only. "B" allows his daughter "C" who is expert in car driving, to drive the car. "C" drives the car carefully but it`s axle suddenly breaks and the car is damaged. Is "B" liable to "A" for the damages to the car ? Decide.
Problem "A" a seller undertaken to supply 1000 tons of Java sugar warranted equal only to the sample to "B". The sugar when supplied corresponds to the sample, but is not Java sugar. Has the buyer ? "B" any remedy against the seller? ? Decide.
Problem A, B and C are partners in a firm. C is a sleeping partner. "C" retires from the firm without giving any public notice. "D" to whom liability is incurred by the firm sued the "C" for the debts incurred by the "A" and "B"after the retirement of "C" from the firm? Decide.
Problem "A" a hirer of a car under a hire purchase agreement sells the car to a buyer ? "B". Who buys in good faith and without notice of the hire purchase agreement. Does the buyer get a good title to the car ? Decide.
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