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Mercantile Law

1. “All contracts are agreements but all agreements are not contracts”- Explain.
2. Mention the exception and explain the rule - “Contract is void without
consideration.”
3. Discuss different clauses of memorandum of association. What is its
importance to a public limited company? What do you mean by articles of
association? List its various contents.
4. Who decides the subject matter of the meeting of board of directors? How is
the agenda for the board meeting decided? How frequently should the meeting
be held? What are the steps involved in conducting a board meeting? State the
rules regarding Board meeting including notice and quorum.
5. Distinguish between
a. Condition and warranty
b. Fraud and misrepresentation
c. Mortgage and charges
d. Public and private company
e. Indian law and English law regarding consideration
f. Sale and bailment
g. Sale and agreement to sale
h. Sale and hire purchase agreement to sale
i. Right of lien and right of stoppage in transit
j. Coercion and undue influence
6. Discuss the relevant law and provisions relating to contracts by persons of
unsound mind. Who is a minor according to Indian Contract Act. What are the
provisions concerning contract with a minor.
7. “A stranger to consideration can sue, but a stranger to contract cannot sue”-
Explain
8. Under what circumstances can a breach of condition be treated as breach of
warranty.
9. Enumerate the different steps to be taken by the promoters from the formation
of a company to commencement of a business.
10. Explain the principle of Doctrine of Indoor management and state the
exceptions.
11. “performance of the conditions of a proposal is an acceptance of the proposal”-
Discuss
12. What is a corporate veil? When can it be lifted?
13. What is the procedure for converting a private limited company into a public
limited company.
14. What is a government company? Explain the meaning and significance of
limited company and unlimited company.
15. “No seller can give to the buyer a better title than he himself has”- Discuss.
16. Discuss the essential features of contract of sale.
17. Describe Auction Sale
18. Discuss types of capital and shares of a public limited company.”
19. “mere silence is not a fraud”- Explain.
20. “An offer must be distinguished from an invitation to offer”-Explain.
21. Explain contingent contract and state the rules relating to it.
22. Why it is important to determine the time of transfer of ownership in goods.
23. “Acceptance is to offer what a lighted match is to be a train of gun powder”-
Discuss.
24. Explain bailment and what are the rights of the parties in case of accretion
during the period of bailment.
25. Discuss the doctrine of Ultra Vires in the companies act.
26. “Directors are not only agents but also in some sense trustess of the company”-
Discuss
27. a)A proposes by a letter sent by post to sell his house to B. B accepts the
proposal by a letter sent by post. When A revokes his proposal or B his
acceptance?
b) A enters in to a Contract with B to build a house for C. A builds the house
according to specifications. B tenders payment. A refuses to accept the money.
Claiming that it is insufficient because the job was more difficult than he had
anticipated. What effect has the tender on B’s obligation.
c) 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 carefully but
its axle suddenly breaks and the car is damaged. Is B liable for the damage?
d) A and B being traders enter into a contract. A has private information of a
change in prices which would affect B’s willingness to proceed with the
contract. Is A bound to inform B?
28. Short note on
a. Extra ordinary general meeting on requisition
b. Qualifications, appointment, removal, remuneration and
disqualifications of an auditor
c. Quantum meruit
29. Who is an unpaid seller of goods and what are his rights against the goods. Has
he any remedy against the buyer personally.
30. Discuss the rules relating to a quasi contract.
31. Explain the principles of caveat emptor and also state the exception to this rule.
32. Who can be director of a public company and duties of him.
33. What is pre-emptive right of shareholder? State the procedure for right issue of
shares.
34. What are the effects of mistake in a contract.
35. What is statutory meeting? What are the provisions regarding hoolding of a
statutory meeting.

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