EAST WEST UNIVERSITY

COURSE: MBA & EMBA (MBA 505 & EMBA 505)

SUBJECT: BUSINESS LAW AND ETHICS
SEMESTER: Fall 2020 INSTRUCTOR: Dr. Khaled H Chowdhury, Bar-at-Law, FCIArb

SECOND MID-TERM EXAMINATION (ONLINE)

TIME: 1 hour and 30 minutes TOTAL MARKS: 20

Part A

Answer all questions stating whether the propositions are TRUE or FALSE (20 x 0.5 =10 marks)

1. Goods may include land under the Sale of Goods Act 1930.
2. Title to goods may pass under a voidable contract.
3. A second hand product cannot be of satisfactory quality under the Sale of Goods Act.
4. When the buyer is buying good being physically present i.e. doing a face to face
transaction that cannot be a sale by description.
5. Section 7 of the Sale of Goods Act evinces the doctrine of frustration.
6. When the buyer examines goods, he loses his right of complaint about quality if he fails
to detect an obvious defect in the product.
7. In case of partnerships, agreements in restraint of trade are allowed in all cases.
8. Partners may by contract exempt a partner from liability even though such partner is nit
diligent in the conduct of business.
9. There can be limited liability partnership like a corporate entity.
10. A reconstitution of the firm also changes the rights and obligation of the partners.
11. A partner’s wrongful act causing loss to other people done without sanction will still
make all partners liable to the third party.
12. No one can share the benefits of partnership without becoming a partner first.
13. There is a distinction between international commercial arbitration and a foreign seated
arbitration.
14. A mediator takes a more proactive approach compared to a conciliator.
15. Adjudication is a popular method of dispute resolution in Construction industry.
16. Memorandum of association of a company can be altered only with the permission of the
court.
17. A charitable company may have limited liability.
18. Exceptionally a private company may be listed at the stock exchange for share
transaction.
19. There cannot be an EGM of a company without the presence of directors.
20. If a Statutory meeting is held then there is no need for the first AGM of a company.
Part B

Answer any 10 of the 15 questions below (10x1 marks)

1. Name any 3 types of suits for breach of contract of sale of goods.

2. What is a sale by description? What is the general rule regarding stipulation as to time?
3. When can a condition be treated as a warranty?
4. Explain the meaning of implied term as to quality or fitness under the Sale of Goods Act.
5. What are the general duties of partners towards each other?
6. What is the relationship of a partner to the firm? State three matters that an implied
authority does not empower a partner to do.
7. What is the nature of a partner's authority in an emergency? What is the nature of a
partner's liability for acts of the firm?
8. Discuss the relevant provisions relating to retirement and expulsion of a partner.
9. Give 5 reasons as to why ADR should be used more in the current and post – Covid 19
disputes?
10. Is there a provision under our general civil law under which our judges are mandatorily
required to send cases for mediation?
11. How does conciliation differ from mediation?
12. Define and distinguish between (i) a public and a private company and (ii) between a
company limited by shares and a company limited by guarantee.
13. What is a ‘one man company’ under the Companies Act? How the share register can be
rectified?
14. Explain the provision relating to holding of an Annual General Meeting (AGM) of a
company. What are the legal consequences if an AGM does not take place on time?
15. What is meant by an extraordinary and a special resolution?