ST. JOSEPH’S COLLEGE OF COMMERCE (AUTONOMOUS)
END SEMESTER EXAMINATION – MARCH /APRIL 2015
B.COM – II SEMESTER
C1 11 203: BUSINESS LAW
Duration: 3 Hours Max. Marks: 100
SECTION – A
I)	Answer ALL the questions. Each carries 2 marks. (10×2=20)
	1.	Explain the term ‘Ratio Decidendi’.
	2.	State any two objectives of FEMA.
	3.	Over a cup of coffee in a restaurant, A invites B to a dinner at his house on a Sunday. B hires a taxi and reaches A’s house at the appointed time, but A fails to perform his promise. Can B recover any damages from A? Why?
	4.	State the laws relating to competence of parties to a contract.
	5.	Define the term Injunction.
	6.	Nitesh agrees to pay the expenses of Eshwar if he sues Gangadhar, and Eshwar agrees to give Nitesh half of any proceeds received by Eshwar as a result of such suit. What type of agreement is this? Elaborate.
	7.	Differentiate between a sale and an agreement to sell.
	8.	Who can file a complaint as per the consumer protection act?
	9.	What is meant by: a) Novation b) Remission
	10.	Mention any two inventions that are not patentable.
SECTION – B
II)	Answer any FOUR questions. Each carries 5 marks. (4×5=20)
	11.	When is consent in a contract said to be free and genuine?
	12.	Mention the exceptions to the rule “Ex nudo pacto non oritur actio”.
	13.	What are the sources of Indian Business Law?
	14.	Why was there a need to repeal FERA and substitute it with FEMA?
	15.	State the doctrine of ‘Caveat Emptor’ and explain the exceptions to it.
	16.	Is a client hiring the services of an advocate considered to be a consumer under the consumer protection Act? Why? In light of the above bring out clearly as to who is a consumer and who are not considered to be consumers under the act?
SECTION – C
III)	Answer any THREE questions. Each carries 15 marks. (3×15=45)
	17.	Define offer and explain the essentials of a valid offer.
	18.	What is meant by consideration in a contract? Examine the legal rules regarding consideration in a contract.
	19.	Nicholas brought a car from David and used it for four months. David had no title to the car and consequently Nicholas had to hand it over to the true owner. Is there a breach of a condition or warranty? Explain the implied conditions and warranties in a contract of sale.
	20.	When is there said to be an infringement of a patent? What are the remedies available to a patentee in case of infringement of his or her patent?
	21.	As the internet has grown in our country, the need has been felt to enact the relevant cyber laws which are necessary to regulate the internet in India. As such it has led to the emergence of numerous ticklish legal issues and problems which necessitated the enactment of cyber laws. In light of the above explain the need for cyber laws in India and the various types of cyber crimes.
SECTION – D
IV)	Case Study (3×5=15)
	22.	Read the cases mentioned below and answer the questions that follow of ANY THREE cases by not only quoting the required law but also explaining the same. Brian Offered to sell his car to Alex for Rs.95,000. Alex accepts to purchase it for Rs.94,500. Brian refused to sell the car for Rs. 94,500. Subsequently Alex agrees to purchase the car for Rs.95,000 but Brian refused to sell the car. Alex sues Brian for the specific performance of the contract. Will he succeed? Why? A minor fraudulently represented to a money-lender that he was of full age, and obtained a loan of Rs.5, 000. Has the money lender any right of action against the minor for the money lent, or for damages for fraudulent misrepresentation? George pays Rs. 2, 00,000 to Arvind, a civil servant employed in a Government department, in consideration of Arvind’s promise that a Government contract which is at the disposal of his department will be placed with George. Before this can be done, Arvind is transferred to another department. George now wishes to reclaim from Arvind Rs. 2, 00,000 paid to him. Will George succeed? Joseph made a contract with Sam for supplying to him certain goods at a place outside the State when there was no prohibition against sending the goods outside the state. Subsequently prohibition was imposed on the sending of those goods to that place and the railway booking was consequently closed. Joseph failed to supply the goods. Sam sued Joseph for damages for non-supply of goods. Joseph, inter alia, pleaded that the contract became impossible of performance and so he was absolved from performing it. Will Joseph succeed in his said defense? Hari who was badly in need of money offered to sell his piano worth Rs.5,000 to Mario for Rs.4,000. Mario refused to buy. Hari gradually lowered his price until Rs.1,000 was reached, which Mario accepted. Before the piano was delivered, Hari received an offer of a larger sum from Tom, and he refused to carry out the contract with Mario, claiming that the consideration was inadequate. Is Hari liable to pay damages to Mario for failure to carry out his part of the contract?

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