BANASTHALI VIDYAPITH

FACULTY OF LAW
TAKE-HOME ASSIGNMENT IN LIEU OF II PERIODICAL TEST 2020
B.Com. LL.B, B.BA. LL.B, B.A. LL.B II Semester
Law of Contract II, Teacher: Ms. Amulya Nigam
Note- Your answer should reflect a deep learning of legal principles involved and
relevant case laws. Assignment could be submitted after you come back to campus/on
Google classroom by 07 April, 2020. Please also include a 1 page ‘duly signed self-
declaration’ towards the beginning of the assignment mentioning the key sources of
preparing this assignment, whether you have done it absolutely yourself/taking help of
others and the key learning. No marks would be deducted based on the contents of ‘duly
signed self-declaration’. In case assignment is submitted via email it should bear the
subject line: Assignment by <Name of Student and Roll number>. For example
assignment by Neha Sharma, 181330

For students with roll numbers 1914111-1914141

1. A gave some gold to a goldsmith named B. The goldsmith put the gold in his safe and
posted a watchman outside the room. In a raid by dacoits on the house of the
goldsmith, alongside his other property A’s gold was taken away by the dacoits.
Decide the liability of B.
2. Ram & Co., a firm consists of three partners A, B and C having one third share each
in the firm. According to A and B, the activities of C are not in the interest of the
partnership and thus want to expel C from the firm. Advise A and B whether they can
do so quoting the relevant provisions of the Indian Partnership Act, 1932.
For students with roll numbers 1914142-1914182
1. A lends his motor-car to B for a drive by him only. B allows his daughter C, who is an
expert car driver, to drive the vehicle. C drives the car but the axle suddenly breaks
and the car is damaged. Is B liable for the damages.
2. A & Co. is registered as a partnership firm in 2015 with A, B and C partners. In 2016,
A dies. In 2017, B and C sue X in the name and on behalf of A & Co., without fresh
registration. Decide whether the suit is maintainable. Whether your answer would be
same if in 2017 B and C had taken a new partner D and then filed a suit against X
without fresh registration.
For students with roll numbers 1914183-19141228
1. In many situations it is equally important to allow trade and commerce and so there
are some situations where a person having possession of the goods by owner’s
consent, is entitled to pledge those goods even without owner’s consent for the
pledge. Discuss such situation under Contract of Pledge.
 2. A, B and C are partners in a firm. As per terms of the partnership deed, A is entitled to
20 percent of the partnership property and profits. A retires from the firm and dies
after 15 days. B and C continue business of the firm without settling accounts.
Explain the rights of A’s legal representatives against the firm under the Indian
Partnership Act, 1932.
For students with roll numbers 1914241-1914299 (BBA LLB)
1. A, B and C are partners in a firm called ABC Firm. A, with the intention of deceiving D, a
supplier of office stationery, buys certain stationery on behalf of the ABC Firm. The
stationery is of use in the ordinary course of the firm’s business. A does not give the
stationery to the firm, instead brings it to his own use. The supplier D, who is unaware of the
private use of stationery by A, claims the price from the firm. The firm refuses to pay for the
price, on the ground that the stationery was never received by it (firm). Referring to the
provisions of the Indian Partnership Act, 1932 decide:
(i) Whether the Firm’s contention shall be tenable.
(ii) What would be your answer if a part of the stationery so purchased by A was delivered to
the firm by him, and the rest of the stationery was used by him for private use, about which
neither the firm nor the supplier D was aware.
2. ‘X’ Limited of India, is the leading company, in manufacturing and distributing computers
through out the country. The company obtained the ‘Internet Vendor’s website’ in United
States of America. The server is located in United States of America. The website is mainly
used for identifying the customers and selling computers through the globe. A buyer from
any part of the world can go through the details of computers on the website, and decide
which type of computers should be bought. After having decided, the buyer can place an
order for computer by visiting the website and by providing the information requested to
enter the transaction. At the same time the buyer’s authorization and credit card number is
routed on the digital highway to the bank. After closing the deal the digital information will
generate physical distribution order to transport the computer to the address of the buyer. The
buyer acknowledges the physical delivery of the computers. Your are required to discuss the
issue as to
a) the fixed place of business.
b) does the server constitute a place of business.
c) what would happen if the vendor’s server is in the state of the buyer.
For students with roll numbers 1914311-1914364 (B.com LLB)
1. X, Y and Z are partners in a Partnership Firm. They were carrying their business
successfully for the past several years. Spouses of X and Y fought in ladies club on their
personal issue and X's wife was hurt badly. X got angry on the incident and he convinced Z
to expel Y from their partnership firm. Y was expelled from partnership without any notice
from X and Z. Considering the provisions of the Indian Partnership Act, 1932, state whether
they can expel a partner from the firm. Decide the criteria for test of good faith in such
circumstances.
2. In an E-trade agreement, signature is based exclusively on asymmetric methods or
techniques. It has been described as a special door, which can be opened with a four key lock.
The two keys are on every side of the door, and each of these two keys belong to a single
party. Both the parties stand respectively on each side of the door and both of them have
different keys. One of them is coincidental with the key possessed by the other party, since
they have agreed on the shape and notches in the key (public key).However, the other party is
not, and none of the parties knows exactly ,what kind of notches the other key will have. The
only thing is sure that the door can only be opened when the four keys are in it. Once both the
parties have locked the keys into the door it is possible to open it and for the parties to be sure
that they can negotiate through that open door safely without being afraid that an outsider
might interfere in their business. Discuss with reference to authentication of electronic
records using digital signatures.