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Quid Pro Quo Is Latin For "Something For Something"
Quid Pro Quo Is Latin For "Something For Something"
coercion is "the use of express or implied threats of A bill of exchange is a written order used primarily in
violence or reprisal (as discharge from employment) or international trade that binds one party to pay a fixed sum
other intimidating behaviour that puts a person in of money to another party on demand or at a
immediate fear of the consequences in order to compel predetermined date.
that person to act against his or her will." Actual violence,
threats of violence, 12.What is permissive law?
Business Law is also known as Commercial law or The scope of mercantile law is very wide and varied. It
corporate law, is the body of law that applies to the rights, includes law relating to contracts, partnership, sale of
relations, and conduct of persons goods, negotiable instruments, companies, insolvency,
and businesses engaged in commerce, merchandising, insurance, carriage of goods, etc.
trade, and sales
14.What is meant by quid pro quo?
4.Give an example for an agreement to do impossible
Quid pro quo is Latin for "something for something",
act?
describing an agreement between two or more parties in
A contract is an agreement enforceable by law. A void which there is a reciprocal exchange of goods or services.
agreement is one which cannot be enforced by law . ... Courts may render a business contract void if it appears
For example, a agreement between drug dealers and unfair or one-sided, and so a quid pro quo consideration
buyers is a void agreement simply because the terms of is often warranted.
the contract are illegal. In such a case, neither party can
15.What is Novation?
go to court to enforce the contract.
Novation, in contract law and business law, is the act of –
5.Recently Which institute has ben included in RTI
replacing an obligation to perform with another obligation;
Act?
or adding an obligation to perform; or replacing a party to
The top court held that DAV College Trust and an agreement with a new party.
Management Society, New Delhi,
16.what is a contract of indemnity?
6.What does WIPO stand for?
Indemnity is a contractual agreement between two
World Intellectual Property Organization. parties. In this arrangement, one party agrees to pay for
potential losses or damages caused by another party. ...
7.List down the type of negotiable instruments. With indemnity, the insurer indemnifies the policyholder—
that is, promises to make whole the individual or business
reveller’s checks. ... for any covered loss.
Money order. ...
Promissory notes. ... 17.what is company as per the companies act?
Certificate of Deposit (CD)
There are many definitions of a Company by various legal
8.Define Contract?
experts. However, Section 2(20) of the Companies Act,
A contract is a legally binding document between at least 2013, defines the term 'Company' as follows:
two parties that defines and governs the rights and duties “Company means a company incorporated under
of the parties to an agreement. this Act or under any previous company law.”
A deemed prospectus has been stated under section Articles of association form a document that specifies
25(1) of the Companies Act, 2013. When any company to the regulations for a company's operations and defines the
offer securities for sale to the public, allots or agrees to company's purpose. The document lays out how tasks are
allot securities, the document will be considered as to be accomplished within the organization, including the
a deemed prospectus through which the offer is made to process for appointing directors and the handling of
the public for sale financial records.
10.Define Partnership?
Bill of exchange means a bill drawn by a person directing 28.define the term business law?
another person to pay the specified sum of money to
another person. ... For example, X orders Y to pay ₹ Business Law is also known as
50,000 for 90 days after date and Y accepts this order by Commercial law or corporate law, is the body of law that
signing his name, then it will be a bill of exchange applies to the rights, relations, and conduct of persons
and businesses engaged in commerce, merchandising,
21.what is negotiable instrument? trade, and sales
A company is a legal entity formed by a group of Copyright is a type of intellectual property that gives its
individuals to engage in and operate a business— owner the exclusive right to make copies of a creative
commercial or industrial—enterprise. A company may be work, usually for a limited time. The creative work may be
organized in various ways for tax and financial liability in a literary, artistic, educational, or musical form.
purposes depending on the corporate law of its
jurisdiction 32.Define Write of Habeas corpus?
1 : the action of obligating oneself to a course of action (as A prospect is the possibility that something fabulous will
by a promise or vow) happen. After you graduate top of your class at Harvard,
for example, your job prospects look great. Prospect is A cartel is a group of independent market participants who
from the Latin word prospectus which means a "view or collude with each other in order to improve their profits
outlook." A prospect is still a way of looking ahead and and dominate the market. Cartels are usually associations
expecting good things. in the same sphere of business, and thus an alliance of
rivals. ... Cartel behaviour includes price fixing, bid rigging,
36.Breach of Contract? and reductions in output.
Breach of contract is a legal cause of action and a type of 45.Define Digital signature?
civil wrong, in which a binding agreement or bargained-for
exchange is not homered by one or more of the parties to A digital signature is a mathematical scheme for verifying
the contract. the authenticity of digital messages or documents.
37.Who is the consumer? 46. ignorance of law is no excuse give your statement
The consumer is an individual who pays some amount of Essentially, it means that if someone breaks the law, he or
money for the thing required to consume goods and she is still liable even if they had no knowledge of the law
services. As such, consumers play a vital role in the being broken. Thomas Jefferson said, “Ignorance of the
economic system of a capitalist economy. law is no excuse in any country. If it were, the laws would
Without consumer demand, producers would lack one of lose their effect, because it can always be pretended.
the key motivations to produce: to sell to consumers.
47.consent -Consent is when one person agrees to or
38.What is patent? gives permission to another person to do something.
Consent means agreeing to an action based on your
A patent is the granting of a property right by a sovereign knowledge of what that action involves, its likely
authority to an inventor. This grant provides the inventor consequences and having the option of saying no. ...
exclusive rights to the patented process, design, or Consent is a very important part of a sexual relationship.
invention for a designated period in exchange for a
comprehensive disclosure of the invention
A prospectus, in finance, can be described as a disclosure Winding up is the process of dissolving a company. While
document that describes a financial security for potential winding up, a company ceases to do business as usual.
buyers. Its sole purpose is to sell off stock, pay off creditors, and
distribute any remaining assets to partners or
43.promissory note? shareholders.
A promissory note, sometimes referred to as
a note payable, is a legal instrument (more particularly, a
financing instrument and a debt instrument), in which one
party (the maker or issuer) promises in writing to pay a
determinate sum of money to the other (the payee), either 53. doctrine of constructive notice
at a fixed or determinable future time
In companies law the doctrine of constructive notice is a
44.what you mean by cartel? doctrine where all persons dealing with a company are
deemed (or "construed") to have knowledge of the
company's articles of association and memorandum of Damages and specific performance are
association. ... The doctrine of indoor management is an both, remedies available upon breach of obligations
exception to this rule by a party to the contract; the former is a
54. what’s business law how relevant to manager 'substitutional' remedy, and the latter a
'specific' remedy. The remedy of specific
The business law studies are very important, as it helps performance is granted by way of exception.
the management professionals in realizing the business A contract can be said to be breached or broken
ethics, he or she must follow, in order to run a proper and when either of the parties fails ... “Where two parties
authenticated business. This must be in accordance with
have made a contract which one of them has
the laws and regulations prevailing in the society.
broken, ... may, in its discretion, grant a decree of
55. what caveat emptor means Specific Performance of that act. ... Under Section
36 of Specific Relief Act 1963, an injunction
the principle that the buyer alone is responsible for is defined as an ...
checking the quality and suitability of goods before a
purchase is made. A breach of contract is a violation of any of the
agreed-upon terms and conditions ... it is not
56. Articles of association form a document that
specifies the regulations for a company's operations and
fulfilled at all—a tenant vacates their apartment
defines the company's purpose. The document lays out owing six-months' back rent. ...
how tasks are to be accomplished within the organization,
For example, a contract may state that in the event
including the process for appointing directors and the
of late payment, the ... One may think of a contract
handling of financial records.
breach as either minor or material.
57. partnership
2.Explain in detail the provisions for removal of
A partnership is an arrangement between two or more directors
people to oversee business operations and share its
profits and liabilities. In a general partnership company, all Special notice is required of any resolution
members share both profits and liabilities. Professionals to remove a director or to appoint somebody in his
like doctors and lawyers often form a limited liability place at the meeting at which he is removed. On
partnership. receipt of such notice, the company will immediately
58. bill of exchange send a copy thereof to the director concerned.
A bill of exchange is a binding agreement by one party to A Company has the authority to
pay a fixed amount of cash to another party as of a remove a Director by passing an Ordinary
predetermined date or on demand. Bills of exchange are Resolution, given the Director was not appointed by
primarily used in international trade. Their use has the Central Government or the Tribunal. A Board
declined as other forms of payment have become more Meeting will be called by giving seven days' notice
popular.
to all the directors.
59. negotiable instrument
A Company may, by ordinary
A negotiable instrument is a signed document that resolution, remove a Director, not being a ... Rule
promises a sum of payment to a specified person or the 23 of the Companies (Management and
assignee. In other words, it is a formalized type of IOU: A Administration) Rules, 2014] ... Listed Companies
transferable, signed document that promises to pay the shall submit to the stock exchange the details of
bearer a sum of money at a future date or on-demand the ...
60. Share capital
time:
to whom it is made:
6.What is acceptance ?What are the rule
An offer can be accepted only by the person (or) governing a valid acceptance?
Section 2(b) of the Indian Contract Act defines
persons to whom it is made.
Acceptance as "when a person to whom the
proposal is made signifies his assent thereto, the
proposal is said to be accepted. A proposal, when a
5.Explain the detail the discharge of contract by accepted, becomes a promise.The person making
the proposal is called the “promisor”, and the
beach person accepting the proposal is called “promise
Essential Elements of a Valid Acceptance : 3. Acceptance: Acceptance means the offer
1.Acceptance must be Communicated : has been accepted with the terms of the offer
To constitute a Valid Contract, the acceptance must by the party to whom an offer was made.
be communicated and moreover, such
communication should be made to offeror. mere 4. Consideration: A Consideration is to be
intention or mental determination to accept on the made by the parties after acceptance of the
part of the offeree is no acceptance. offer.
2.Acceptance should be absolute and unqualified : 5. Intention: There must be a clear intention
According to Section 7 of the Indian Contract Act of both parties that the agreement is a legally
1872, acceptance must be absolute and binding contract.
unqualified, means without any deviation of any
6. Certainty: The terms or conditions of the
kind in the proposal or without any condition. An
acceptance gives rise to a binding contract only contract must be clear and may be discussed
when it is unqualified and coincides in its terms with between the parties and may be understood in
those of the offer. the same manner by both parties. The terms or
3. Reasonable Time : conditions should not be unlawful or
To be legally effective acceptance must be given unenforceable.
within the specified time limit, and if no time is 1.All Contracts are Agreements
stipulated, acceptance must be given within a All Contracts are agreements as for the formation of
reasonable time. because an offer cannot be kept a contract, an agreement is always necessary.
open indefinitely. There cannot be a contract where there is no
4. Acceptance should be expressed in some usual agreement. Without an agreement, a contract
and and reasonable manner, unless the proposal cannot be formed. Therefore, All Contracts are
prescribes the manner of acceptance - Agreements.
The acceptance should be expressed in usual 2.All Agreements are not Contracts
manner or as per mode prescribed. According to Only those agreements become contract which
Section 7(2) of the Indian Contract Act, 1872 the gives rise to a legal obligation. If no legal duty is
acceptance must be expressed in some usual and enforceable by an agreement, it can never be a
reasonable manner unless the proposal prescribed contract. And hence agreement is a broader term
the manner in which it is to be accepted. than Contract.
5. Acceptance must be made before Revocation of
offer 8.Distance b/w contract of sale and agreement
Section 5 of the of the Indian Contract Act says that to sale
Offer can revoked at any time before the
communication of acceptance is posted but not
afterwords. Therefore acceptance must be made 1. When the vendor sells goods to the
before such revocation. customer for a price, and the transfer of
goods from the vendor to the customer
takes place at the same time, then it is
7.All contracts are agreements but all known as Sale. When the seller agrees to
agreements are not contract comment sell the goods to the buyer at a future
specified date or after the necessary
A contract is defined as “an agreement enforceable
conditions are fulfilled then it is known as
by law” in Section 2 (h) of The Indian Contract Act, Agreement to sell.
1872. An agreement between private parties 2. The nature of sale is absolute while an
creating mutual obligations enforceable by law. The agreement to sell is conditional.
basic elements required for the agreement to be a 3. A contract of sale is an example of
legally enforceable contract are mutual assent, Executed Contract whereas the
expressed by a valid offer and acceptance; adequate Agreement to Sell is an example of
Executory Contract.
consideration; capacity; and legality.
4. Risk and rewards are transferred with the
1. A contract is defined as “an agreement transfer of goods to the buyer in Sale. On
enforceable the other hand, risk and rewards are not
2. by law” in Section 2 (h) of The Indian transferred as the goods are still in
Contract Act, 1872. An agreement between possession of the seller.
private parties creating mutual obligations 5. If the goods are lost or damaged
subsequently, then in the case of sale it is
enforceable by law. The basic elements
the liability of the buyer, but if we talk
required for the agreement to be a legally about an agreement to sell, it is the liability
enforceable contract are mutual assent, of the seller.
expressed by a valid offer and acceptance; 6. Tax is imposed at the time of sale, not at
adequate consideration; capacity; and legality. the time of agreement to sell.
Offer: An offer is a proposal made by one 7. In the case of a sale, the right to sell the
party to the other party which expresses the goods is in the hands of the buyer.
Conversely, in agreement to sell, the seller
willingness of the party to be bound on terms.
has the right to sell the goods.
9.define unpaid seller. What are the right against plants; ... intellectual property provided for under
the goods the Agreement to the persons of other Members. ...
If the buyer fails to pay the price within the decided .The five major types of intellectual property are:
time, then unpaid seller has the right to keep
the goods in his possession and he can refuse to Copyrights.
deliver the goods until the due payment is paid. Trademarks.
RIGHTS OF UNPAID SELLER UNPAID Seller has Patents.
RIGHT: 1.RIGHTS against the goods 2.RIGHTS Trade Dress.
aganst the buyer personally Rights against the Trade Secrets.
goods:can be discussed under two heads: 12.explain the fundamental rights and duties an
.WHEN property in goods has passed induna citizen?
.when property in goods has not passed When Following are some of the important rights of
the citizens of India in accordance with the Constitution.
property in goods has passed: following
3rights r available to the unpaid seller if Right to Equality.
property in goods has passed to the buyer; Right to freedom.
Right against exploitation.
RIGHT OF STOPPAGE IN TRANSIT: Right of Right to freedom of religion.
stoppage in transit is a right of stopping the Cultural and Educational Rights.
goods in transit after the unpaid seller has Right to Constitutional Remedies.
parted with the goods. If the goods r in transit 13.What are the memorandum of association
he has aright to resume the possessing of example briefly the clause of memorandum of
goods as long as they are in the course of association
transit .this right is available to the unpaid A memorandum of association (MOA) contains a
name clause, registered office or business
seller only when the buyer become insolvent location clause, objective or objects clause,
and when the goods r in transit. liability clause, capital clause, as well as
an association clause. MOAs are legal
documentation that are prepared prior to the
registration of limited liability companies (LLCs).
As per Section 2(56) of the Companies
10.What are the essential of valid contract give Act,2013 “memorandum” means the memorandum
example where needs of association of a company as originally framed or
contract has six important elements so that it will as altered from time to time in pursuance of any
be valid which is offer, acceptance, consideration, previous company law or of this Act. ... Section 4 of
intention to create legal relation, the Companies Act,2013 deals with MOA.
certainty and capacity. If the main elements are not
in contract, it would be an invalid contract. Example. The format of the memorandum of
A contract is valid and legally binding so long as the association is clearly explained under section 4 of
following six essential elements are present: the companies act, 2013. The format of MOA
should be represented in tabular forms. And it
offer, consists of 5 tables which start from A to E. Each
acceptance, table represents the form of moa for different kinds
of organizations. It is as follows-If the company is
consideration, limited by shares, one can use Table A as a form
intention to create legal relations, for the memorandum of association. If the company
is restricted by guarantee and doesn't have any
legality and capacity,
share capital, then we can use table B as a form for
certainty. the moa.If the company is limited by guarantee and
Example: A valid contract is one that meets the having some share capital, then table C is used as
basic elements of contract law. For example, you a form for the mo. Table D is a form for the
sign to buy a blue house, and the house is blue; memorandum of association for the companies
thus the contract is valid. A which are unlimited with no share capital. If th
voidable contract provides the option to rescind by
either party. At the creation of the contract, it 14. What are the condition and warranties?
is valid but it could be voided in the future. Discuss implied conditions and warranties
A condition is a stipulation which is essential to the
11.Enumerate The Different Type Of Intellectual main purpose of the contract. A warranty is a
Properties Recognised Trip Agreement stipulation which is collateral to the main purpose of
The TRIPS Agreement, which came into effect on 1 the contract. ... For the breach of warranty, the
January 1995, is to date the ... industrial designs; affected party can claim damages only. 3. A breach
patents including the protection of new varieties of
of condition may be treated as a breach
of warranty.
a condition in a contract that is not expressly stated
or written. It maybe implied by fact and deed, viz.
the parties' actings; or it may be implied by law,
either case law or statute. For an example, see
QUALITY. A condition is a stipulation which is
essential to the main purpose of the contract.
A warranty is a stipulation which is collateral to the
main purpose of the contract. 2. For the breach
of condition, the affected party can abandon the
contract of sale.
Under the implied category
are three major subtypes:
the implied warranty of merchantability
(only given by merchants),
the implied warranty of fitness for a
particular purpose,
the implied warranty of title.