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BL - Question Bank With Key
BL - Question Bank With Key
BUSINESS LAW
QUESTION BANK
UNIT – I
PART – A (2 MARKS)
1. Define contract.
“Every agreement and promise enforceable at law is a contract”
2. What is agreement?
An agreement is an accepted proposal. To form an agreement there must be a proposal or
offer by one party and its acceptance by the other.
Agreement = Offer + Acceptance
7. Define consideration.
“Consideration is the price for which the promise of the other is bought, and the promise thus
given for value is enforceable”. Example: A agrees to sell his car to B for Rs. 50,000. Car is
the consideration for B and price the consideration for A.
Acceptance of an Offer
Acceptance “occurs when an offeree agrees to enter into the contract proposed by the
offeror.” The moment an offer is accepted, a contract is formed and each party is bound to
comply with its terms.
To be valid, acceptance must be:
1. In a positive form, whether oral or by act;
2. Unequivocal – It must be complete and unconditional;
3. Without any variation in the terms of the offer or, as noted above, it will constitute a
counter-offer and terminate the original offer; and
4. Communicated to the offeror – Some contracts may specify that notice of acceptance is not
necessary and that the contract will be binding as soon as the offeree has performed
whatever was required of him in the offer.
5. State briefly the law relating to competence of parties to a contract with suitable
examples.
Every person is competent to contract who is of the age of majority according to the law to
which he is subject, and who is of sound mind, and is not disqualified from contracting by
any law to which he is subject.
1. Minor – A minor is a person who has not completed eighteen years of age.
2. Person of unsound mind – Lunatics, Idiots, Drunken or intoxicated persons.
3. Other persons – Alien enemies, Foreign sovereigns and accredited representatives of
foreign state, Corporations
8. “In case of equal guilt, the position of the defendant is better than that of the plaintiff.”
Comment.
In cases of equal quilt in an illegal agreement, the position of the defendant is better than
that of the plaintiff (innocent party) however sue to recover money paid or property
transferred.
1. Where is not in part delicto (equally guilty) with the defendant, e.g. where he was
induced to enter into an agreement by fraud, undue influence or coercion.
2. Where he does not have to rely on the illegal transaction.
3. Where a substantial part of the illegal transaction has not been carried out, and he is
truly and genuinely repentant. This way the law encourages repentance even in bad
men.
10. Name some persons, other than minors, who are not competent to contract.
1. Person of unsound mind
a. Lunatics – A lunatics can enter into a contract when he is of sound mind.
b. Idiots – An agreement with an idiot like that of a minor is altogether is void.
c. Drunken or intoxicated persons – Their position is similar to that of lunatics.
2. Other persons –
a. Alien enemies – During the war the Indian citizen cannot enter into contract with
an alien enemy. Contracts made before the war are either suspended or dissolved.
b. Foreign sovereigns and accredited representatives of foreign state – they can enter
into contracts and enforce these contracts in our courts. But they cannot be sued in
our court without the prior sanction of the central government.
c. Corporations – the contractual capacity of a statutory corporation is limited by the
statute governing it.
d. Insolvents – when a debtor is adjudged insolvents, he is deprived of his power to
deal in his property divisible among his creditors.
e. Convicts – A convict when undergoing imprisonment is incapable of entering into
a contract.
UNIT – II
PART – A (2 MARKS)
2. What is tender?
The promisor offers to perform his obligation under the contract at the proper time and
place but the promisee does not accept the performance. This is known as tender.
7. What is injunction?
It is a mode of securing the specific performance of the negative term of a contract.
Where a party is in breach of a negative term of a contract the court may by issuing an
order, restrain him from doing what he promised not to do. Such an order of the court is
known as an injunction.
16. Write any three types of damages on remedies for breach of contract?
a. Ordinary damages
b. Special damages
c. Nominal damages
17. Give some difference between actual breach of contract and anticipatory breach of
contract?
Actual breach of contract may occur at the time when the performance is due or during
the performance of the contract. Anticipatory breach of contract occur when a party
repudiates his liability or obligation under the contract before the time for performance
arrive.
18. Write any three mode of discharge of contract?
a. A contract may be discharge by performance
b. A contract may be discharge by lapse of time
c. A contract may be discharge by operation of law.
1. What are the rules of law relating to time and place of performance of contract?
a. Where no application is to be made and no time is specified.
b. Where time is specified and no application is to be made.
c. Application for performance on a certain day and place.
d. Application by the promisor to the promisee to appoint place.
e. Performance in manner or at time prescribed or sanctioned by the promisee.
4. What do you mean by assignment of contract? What conditions should be fulfilled for
assignment of contract? What is assignment by operation of law?
Assignment of contract means transfer of contractual rights and liabilities under the
contract to a third party.
1. Act of the parties
a. Contract involved personal skill or other qualification cannot be assigned.
b. A promisor cannot assign his liabilities or obligation under a contract.
c. The rights and benefits under a contract may be assigned if the obligation under
the contract is not of a personal nature.
d. An actionable claim can always be assigned but the assigned to be complete and
effectual must be effected by an instrument in writing. Notice of such assignment
must also be given to the debtor.
2. Operation of law – This take place in case of death or insolvency of a party to the
contract.
10. State briefly the principles on which damages are awarded on the breach of a contract.
1. Damages arising naturally – ordinary damages.
2. Damages in contemplation of the parties – special damages.
3. Vindictive or exemplary damages.
4. Nominal damages
5. Damages for loss of reputation.
6. Damages for inconvenience and discomfort.
7. Mitigation of damages.
8. Difficulty of assessment
9. Cost f decree
10. Damages agreed upon in advance in case of breach.
UNIT – III
PART – A (2 MARKS)
3. Who is sub-agent?
A sub-agent is a person employed by and acting under the control of the original agent in
the business of the agency. The relation of the sub-agent to the original agent is as
between themselves that of the agent and principal.
4. What are the various ways in which the relation of agency arises?
The relationship of principal and agent may arise:
1. By express agreement,
2. By implied agreement
a. Agency by estoppel.
b. Agency by holding out.
c. Agency by necessity.
3. By ratification
4. By operation of law.
8. When can an agent appoint a sub-agent? What is the difference between sub-agent and
substituted agent?
A sub-agent is a person employed by and acting under the control of, the original agent in the
business f the agency.
1. There is a custom of trade to that effect.
2. The nature f work is such that a sub-agent is necessary.
3. Where the principal is aware of the intention of the agent to appoint a sub-agent but does
not object to it.
4. Where unforeseen emergencies arise rendering appointment of a sub-agent necessary.
5. Where the act to be done is purely ministerial not involving confidence or use of
discretion.
6. Where power of the agent to delegate can be inferred from the conduct of both the
principal and the agent.
7. Were the principal permits appointment of a sub-agent.
A co-agent is a person who is named by the agent, on an express or implied authority from the
principal, to act for the principal. He is not a sub-agent but an agent of the principal for such part
of the business of the agency as is entrusted to him.
Difference between sub-agent and substituted agent
1. A sub-agent does his work under the control of the agent whereas a substituted agent
works under the instructions of the principal.
2. There is no privity of contract between a sub-agent and the principal. The principal
cannot sue the sub-agent directly for any amount or money. Similarly a sub-agent cannot
sue the principal for his remuneration. He is also not directly answerable to the principal.
Both the principal and the sub-agent can sue the agent. In case of substituted agent, there
is a privity of contract between him and the principal and both can sue each other.
3. The agent is responsible to the principal for the act of the sub-agent. But he is not
responsible to the principal for any act or negligence of the substituted agent.
9. What are the rights and obligations of a finder of goods? What is the nature of the lien he has
over the goods?
Rights of finder of goods.
1. Right to lien.
2. Right to sue for reward.
3. Right of sale.
Obligations of finder of goods.
1. He must take reasonable care of the goods and if in spite of this the goods are destroyed,
he is not responsible for any loss.
2. He must not use the goods for his own purpose.
3. He must not mix the goods with his own goods.
4. He must try to find out the owner of the goods. If he does not do that, he will be liable as
a trespasser (one who is interfere with another property).
Lien means the right of a person to retain possession of some goods belonging to another until
some debt or claim of the person in possession is satisfied. Possession is essential for exercising
the right of lien, and in order to create a lien the possession must be
1. Right of lien may arise a) by statute b)by express or implied contract c)by general course
of dealing between the parties in a particular trade.
2. Not for a particular purpose.
3. Continuous.
UNIT – IV
PART – A (2 MARKS)
19. List the rights of lien on unpaid seller against the goods?
a. The goods have been sold without any stipulation as to credit
b. The goods have been sold on credit, but the term of credit has expired.
c. The buyer becomes insolvent.
20. Mention any three rules for delivery of goods?
a. Place of delivery
b. Cost of delivery
c. Time of delivery
1. Explain the nature of a contract of sale of goods and bring out clearly the distinction
between a sale and an agreement to sell.
Nature of a contract of sale
1. Two parties
2. Goods
3. Price
4. Transfer of general property
5. Essential elements of a valid contact
Distinction between a sale and an agreement to sell
1. Transfer of property
2. Type of goods
3. Risk of loss
4. Consequences of breach
5. Right to resell
6. General and particular property
7. Insolvency of buyer
8. Insolvency of seller
2. Define the term ‘goods’. What are the different types of goods?
‘goods’ means every kind of movable property other than actionable claims and money and
includes stocks and shares, growing cops, grass and things attached to or forming part of the land
which are agreed t be severed before sale or under contract of sale. Trademarks, copyrights,
patents rights, goodwill, electricity, water, gas are all goods.
Different types of goods
1. Existing goods
2. Specific goods
3. Ascertained goods
4. Unascertained or generic goods
5. Future goods
6. Contingent goods
7. Contingent and future goods
3. How price is fixed in a contract of sale? If a price is not determined by the parties, what price,
if any, is the buyer liable to pay?
The price in a contract of sale must be expressed in money
1. Ascertainment of price
a. It may be fixed by the contract itself
b. May be left to be fixed in an agreed manner
c. May be determined from the course of dealing between the parties.
2. Agreement to sell at valuation
3. Earnest
Where the price is not determined in accordance with these provisions, the buyer must pay
the seller a reasonable price.
4. Briefly explain the conditions and warranties implied by law in a contract for the sale of
goods.
Implied conditions
1. Condition as to title
2. Sale by description
3. Condition as to quality or fitness
4. Condition as to merchantability
5. Condition implied by custom
6. Sale by sample
7. Condition as to wholesomeness
Implied warranties
1. Warranty of quiet possession
2. Warranty of freedom from encumbrances
3. Warranty as to quality or fitness by usage of trade
4. Warranty to disclose dangerous nature of goods
5. Summaries the provisions of the sale of goods act in regard to the passing of property in (a)
ascertained goods, (b) unascertained goods, (c) goods sold on approval or on sale or return.
Primary rules:
1. Goods must be ascertained
2. Intention of the parties
When the intention of the parties as to the time when the property in the goods is to pass to
the buyer cannot be ascertained form the contract. These rules are as follows:
1. Specific goods
a. Passing of property at the time of contract.
b. Passing of property delayed beyond the date of the contract.
c. Goods not in a deliverable state.
d. When the price of goods is to be ascertained by weighing.
2. Unascertained goods
a. Delivery to carrier
3. Goods sent on approval or ‘on sale or return’
a. Reservation of right of disposal
6. Does the sale of goods act provide for any rules as to delivery of goods? If so, what are they?
It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in
accordance with the term of the contract of sale.
Rules as to delivery of goods:
1. Mode of delivery
2. Delivery and payment concurrent conditions
3. Effect of part delivery
4. Buyer to apply for delivery
5. Place of delivery
6. Time of delivery
7. Goods in possession of a third party
8. Cost of delivery
9. Delivery of wrong quantity
10. Installment deliveries
1. Define partnership
Partnership is the relation between persons who have agreed to share the profit of a
business carried on by all or any of them acting for all. Persons who have entered into
partnership with one another are called individually partners and collectively a firm.
13. Mention the rights of the retired partners not to carry on competing business?
Retired partner may not:
a. Use the firm names
b. Represent him as carrying on the business of the firm.
c. Solicit the custom of persons who were dealing with the firm before he ceased to be a
partner.
15. State the two grounds under which a firm may be compulsorily dissolved.
a. By the adjudication of all partners or all the partners but one as insolvent.
b. By the happening of any event which makes it unlawful for the business of the firm to
be carried on or for the partners to carry it on in partnership.
20. On what satiation the dissolution on the happening of certain contingencies occur?
a. The expiry of the term for which the firm was constituted.
b. The completion of the particular adventure
c. The death of a partner
d. The adjudication of a partner as an insolvent.
2. Define partnership. What are its essential characteristics? State the difference between a
‘partnership’ and a ‘firm’
Partnership is the relation between persons who have agreed to share the profit of a business
carried on by all or any of them acting for all.
Characteristics of partnership
1. Association of two or more persons
2. Agreement
3. Business
4. Sharing of profits of the business
5. Mutual agency
Partnership and firm
Partnership is merely an abstract legal relationship between partners. A firm is a collective name
for all the partners, partnership is an abstract thing, a firm is a concrete thing.
3. What is the procedure for the registration of a firm, and for recording subsequent changes?
What is the effect of non registration?
Procedure for registration of firm
1. The name of the firm
2. The place or principle place of business of the firm
3. The names of other places where the firm carries on business
4. The date when each partner joined the firm
5. The names in full and permanent addresses of the partners, the duration of the firm.
6. The statement will be signed by all the partners
7. Time of registration
Effects of non-registration
1. Suits between partners and firm
2. Suits between firm and third parties
3. Claim of sett-off
9. State briefly the rights and obligations of a partner after dissolution of a partnership
Rights of a partner on dissolution
1. Right to have business wound up
2. Right to have the debts of the firm settled out of the property of the firm.
3. Right to personal profits earned after dissolution
4. Right to return of premium on premature dissolution
5. Right where partnership contract is rescinded for fraud or misrepresentation
6. Right to restrain partners from use of firm name or property.
Liabilities of a partner on dissolution
1. Liability for acts of partners done after dissolution
2. Continuing authority of partners for purposes of winding up
10. When and how should a public notice be given under the partnership act? What is the
consequence if public notice is not given in cases in which it is required to be given under the
partnership act?
A public notice has to be given:
1. On the retirement or expulsion of a partner from a registered firm.
2. On the dissolution of a registered firm.
3. On the election to become or not to become a partner in a registered firm by a minor on
his attaining majority.
4. By notice to the registrar of firms
5. By publication in the official gazette
6. By publication in at least one vernacular newspaper circulating in the district where the
firm to which it relates has its place or principal place of business.
Consequences if public notice is not given
1. On election of a minor partner to become or not become a partner
2. On retirement of a partner
3. On expulsion of a partner
4. On dissolution of a firm