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Law of Contracts - II - December 2010 5YDC

Question Type Question  
Short What is continuing guarantee?
Short Define Pledge.
Short Sub-Agent
Short Define Sale
Short Stoppage in transit.
Short State exceptions to "Caveat Emptor".
Short Partnership-at-will.
Short "Nemo dat quod non habet"
Long Define contract of Indemnity and distinguish it from contract of guarantee.
Long Who is an unpaid Seller?
Long Define condition and distinguish it from warranty.
Long Discuss the circumstances in which a partnership firm may be dissolved. What are the rights of creditors after dissolution?
Problem X lends his motor car to Y for a drive by him only. Y allows his son Z to drive the vehicle. Z drives the car carefully but its axle suddenly breaks and the car is damaged. Is Y liable for the damages? Discuss.
Problem There is a contract between "A" and "B" for the supply of 100 articles to be packed in 20 containers each containing 5 pieces. The seller sent 25 containers each containing 4 pieces. The buyer rejected to take the delivery. Decide.
Problem The sale of pure ghee was warranted only equal to sample. But, the ghee was adulterated with 25% groundnut oil. Are the buyers bound to accept? Discuss.
Problem X, Y, and Z are partners. Z is a sleeping partner. He retires without giving a public notice. Is he liable for the subsequent debts incurred by X and Y? Decide.
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