Family Law-II

UNIT -1 Marks – 2x2 =4

1. Distinguish between coparcenary and Joint Hindu Family?

Ans.

Joint Hindu Family Coparcenary

It is a wider institution as it includes It is a narrower institution as it
all-male lineal descendants from a includes only three male lineal
common ancestor, it also includes descendants from the last holder of
their wives and unmarried daughters. the property.

There is a four-generation rule i.e.

There is no limitation of generations,
males within four generations from,
it can extend to any number of
and inclusive of the eldest member
generations.
of the family.

Only males can be coparceners and

Every family member can be part of
after 2005’s amendment daughters
it including females and illegitimate
were given the right to be a
sons.
coparcener.

Even after the death of all

coparceners or male members, it does
not ipso facto mean that Joint Hindu Coparcenary comes to an end when
Family has come to an end. As long all the male members or coparceners
as a female member has the right to die.
add a new male member to the
family, it continues.

In a Joint Hindu Family, the existence In a Coparcenary, the existence of

of property is not essential. property is very essential.

Rule of survivorship is followed and

The rights and interests of the joint not the law of succession as on the
family members are determined by death of a coparcener, his interest in
the Law of Succession. the property devolves on surviving
coparceners.

2. What constitutes coparcenary property?

Ans.

UNIT -2 Marks – 2x2 =4

 1. Write some relevant differences between Contract of Indemnity and
Contract of Guarantee.

Ans.

Basis of Comparison Indemnity Guarantee

Meaning Indemnity is a contract where one party
promises to another that he or she will
compensate the other for any kind of
loss suffered by the act of the third
party
Defined in Section 124 of Indian Contract Act,
1872
Parties 2, namely indemnifier and indemnified
Number of contracts and 1
details
Degree of liability of Primary
promisor in each case
Maturity of liability When the contingency occurs.
Purpose To compensate for the loss
Guarantee is a contract where
a party promises the other that
he or she will compensate for
the loss or perform the contract
if there is a default.
Section 126 of Indian Contract
Act, 1872
3, namely creditor, principal
debtor and surety
3
Secondary
Liability is already in existence
To provide some kind of
assurance to the promise

2. Explain nature and extent of Surety’s Liability?

Ans. According to section 128 of Indian Contract Act, 1872, the liability of a surety is
co-extensive with that of principal debtor’s unless the contract provides. Liability of surety is
same as that of the principal debtor. A creditor can directly proceed against the surety. A
creditor can sue the surety directly without suing principal debtor. Surety becomes liable to
make payment immediately when the principal debtor makes default in such payment.
However, primary liability to make payment is of the principal debtor, surety’s liability is
secondary. Also, where the principal debtor cannot be held liable for any payment due to any
defect in documents, then surety is also not responsible for such payment.
UNIT -3 Marks – 2x2 =4

1. What do you mean by Contract of Bailment?

Ans. Bailment as defined in section 148 of the Indian contract act 1872 is the
delivery of goods by one person to another for some specific purpose, upon a
contract that these goods are to be returned when the specific purpose is complete.
For example, A delivering his car for Service at the service centre is an example of
bailment. The person delivering the goods is known as bailor and the person
to whom goods are delivered is known as Bailee. However, if the owner
continues to maintain control over the goods, there is no bailment
Illustration If A gives his car to B his neighbour for 10 days, but at the same
time he keeps one key with himself and during this period of 10 days he used to take
the car. Now this will not be a case of bailment as A is keeping control over the
property bailed.

2. Explain General Lien and Particular Lien?

Ans. General Lien means the right of an individual to retain or detain as security any
movable property which belongs to someone else against a general balance of the
 account, until the liability of the holder is discharged. It is described under section
171 of the Indian Contract Act, 1872. A person can waive the right of lien through a
contract. It is commonly available to bankers, factors, wharfingers, high-court
attorneys etc. who keeps the goods bailed to them during the course of their
profession and does not require any contract to that effect. Unless there is an
express contract in this regard, no other person can retain the property of another
as the security of the balance due to them. In general lien, the property on which
lien is exercised can only be retained, but cannot be sold for any payment lawfully
due to him.
As per section 170 of the Indian Contract Ac, 1872, the particular lien is defined
as a right of a person to retain particular goods bailed to him/her as security, for
non-payment of dues. In conformity to the objective of bailment, when Bailee has
employed skill or labour and improved the goods bailed to him/her. He/she is
entitled to consideration for his service, and if bailor denies paying the amount,
then he/she can retain the goods, against remuneration. In such a case, the bailee
has right of the particular lien until he/she receives compensation for the services
rendered, provided the services are provided in full within the stipulated time.
Moreover, the Bailee has no right to sue the bailor. On the other hand, if the bailee
delivers the property belonging to bailor without any consideration for the services
provided, he/she can sue the bailor, and the particular lien can be waived.

UNIT -4 Marks – 2x2 =4

1. Explain the Contract of Pledge in your own words?

Ans. A pledge contract is an agreement between two or more parties that outlines the
specific actions that each party will take in order to achieve a common goal. The
terms of the contract are typically decided upon by the parties involved, and may
be revised or updated as necessary. Pledges contracts can be used for a variety of
purposes, such as increasing productivity, improving communication, or simply
reinforcing a personal commitment. They can be especially helpful for teams or
groups who are looking to achieve a common goal. When drafting a pledge
contract, it is important to make sure all pertinent details are included, such as
deadlines and consequences for not meeting obligations.
In India, Law of Contracts (formation and enforcement) is governed by the Indian
Contract Act 1872. It lays down all the essentials for the formation of a valid contract along
with the types of contracts. It defines some special contracts. Pledge is one of them.
Section 172 defines pledge as “The bailment of goods as security for payment of a
debt or performance of a promise is called pledge.”
The parties to this contract are called ‘pawnor’ and ‘pawnee’.

2. Differentiate between Bailment and Pledge?

Ans.

Basis of Comparison Bailment Pledge

Defined As Per Section 148 of Indian Contract
Act, 1872
Definition Bailment refers to the transfer of
possession of a good from the
bailor to the bailee.
Parties Involved Two parties are involved: the
bailor and the bailee.
Purpose The purpose is usually for the
Section 172 of Indian Contract
Act, 1872
Pledge is the transfer of
possession of a good as security
for a debt or obligation.
Three parties are involved: the
pledgor, the pledgee, and the
debtor.
The purpose is to secure a debt
 safekeeping, repair, or use of the or obligation.
good.
Return of Good The good is returned after the The good is returned after the
agreed purpose is fulfilled. debt is repaid.
Rights of the The bailee cannot use the good The pledgee has the right to sell
Possessor for any purpose other than the the good if the debt is not repaid.
agreed one.
Risk of Loss The risk of loss generally falls on The risk of loss falls on the
the bailee. pledgor.

UNIT -5 Marks – 2x2 =4

1. What are the kinds of Agent?

Ans. In business, an agent is someone who acts for someone else, known as the principal, to
handle various tasks or make decisions on their behalf. The Indian Contract Act defines and
governs these agent-principal relationships. Agents play a vital role in representing the interests
of the principal, ensuring smooth transactions, and fulfilling obligations. They must follow
certain rules, like being loyal to the principal’s interests, acting with care and diligence, and
disclosing relevant information. There are different types of agents, such as general agents with
broad authority, special agents for specific tasks, and universal agents with extensive powers.
Moreover, agents can be classified as mercantile agents, involved in commercial activities, or
non-mercantile agents, dealing with non-commercial matters. Understanding the definition,
rules, and types of agents is crucial for individuals and businesses engaging in contractual
agreements under Indian law.

2. Explain the duties of Agents in Contract Act 1872?

Ans. Duties of an Agent under Indian Contract Act 1872 are follows:-

1. Duty Not to Delegate His Authority: Agents have a duty not to assign
their authority to sub-agents. Section 190 of the Indian Contract Act
1872 is founded on the maxim Delegatus non-protest delegare, which
states that a delegate cannot further delegate. An agent assigned to work
on a certain job cannot transfer that task to another since the principal
selects a specific agent. After all, he reacts with trust and faith in such a
person.
2. Duty to Keep and Protect the Interest: Section 209 of the Indian
Contract Act states that when the principal’s death
or unsoundness terminates the agency, the agent must maintain and
protect the interests entrusted to him on behalf of the deceased principal’s
representative.
3. Duty to Execute the Mandate: Section 211 of the Indian Contract Act
requires an agent to handle his principal’s business in accordance with the
principal’s instructions or, in the absence of the principal, according to trade
customs.
4. Duty to Act with Care and Skill: Section 212 of the Indian Contract Act
addresses another duty of the agent. This law requires agents to handle
agency business with care and prudence.
5. Duty to Render Proper Accounts: Section 213 of the Indian Contract
Act defines the following position: On demand, the agent shall present to
the principal the necessary accounts. It also requires the agent to maintain
the principal’s money and property separate from his own. The agent is
responsible for keeping correct records of the property received as part of
his responsibilities and giving them to the principal upon request.
6. Duty to Communicate with the Principal: Section 214 of the Indian
Contract Act states that in times of difficulty, it is the agent’s responsibility
to communicate with his principal and seek his directions.
7. Responsibility not to make a secret profit: The agent-principal
relationship is based on mutual trust and confidence. If an agent makes a
covert profit from its agency, the principal has the right to claim the entire
profit. Section 216 of the Indian Contract Act states that agents must not
profit or gain any benefit from their agency without the knowledge and
approval of their principals. Such profit is referred to as “secret profit.” It is
the agent’s job to answer to the principal about any hidden earnings.

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