- JOSEPH COLLEGE OF COMMERCE (Autonomous)
End Semester Examinations– April 2013
BBM – IV Semester
Business Law
Duration : 3 hrs Max. Marks: 100
Section- A
- I) Answer ALL the following questions of 2 marks each. (10×2=20)
- A intends to make an offer to B and tells it to C about it. C informs B of the offer but A himself does not communicate the offer to B. B accepts the offer and informs A about it. Is there a contract between A and B? Why and justify.
- Why was FEMA introduced in place of FERA?
- Who is a true and first inventor as per Sec. 4(1) (t) of patent Act?
- Distinguish between MOA and AOA and state 2 differences.
- Distinguish between express and implied contracts.
- John, a minor is supplied with necessaries of life by a grocer. He makes out promissory note in favour of the grocer. Is grocer entitled to claim payment under the promissory note (a) from minor personally (b) against his estate?
- What is defined as per Sec. 2(1) (c) of the consumer protection Act?
- What do you mean by Quantum Meruit?
- What do you mean by future goods?
- A young widow was forced to adopt a boy under the threat preventing the body of her husband, who had just died, from being removed for cremation. Is this adoption valid under law?
Section – B
- II) Answer any FOUR of the following questions. (4×5=20)
- Explain the various sources of the Indian business Law.
- Write a short note on FEMA.
- “A stranger to a contract cannot sue.” Are there any exceptions to the rule?
- The rule in sale of goods is “none can give or transfer what he himself does not possess” are there any exceptions to this rule. Explain.
- What do you mean by free consent? And what are the various factors leading to error in consensus?
- Who is a Patentee? What are the rights of a Patentee?
Section-C
III) Answer any THREE of the following questions. (3×15=45)
- ABC Private Limited is planning to get their company registered with the ROC of Karnataka. Hence it is important that members prepare the MOA. As one of the member of the company, prepare the MOA with all the clauses briefly explained.
- Explain the various implied conditions and warranties in a contract of sale of goods.
- Mr. David, who is the first inventor of an industrial design, would like to get his invention patented. What is the procedure for the grant of patent?
- Mr. Salman promised to supply fifty floral bouquet to Mr. Saif for the company’s anniversary function by eight in the evening. But Salman could not supply nor informed about the reason for the breach of contract. What remedies are available to an aggrieved party on the breach of contract?
- “All agreements are not contracts but all contracts are agreements” Comment on the statement explaining the essential elements of a valid contract.
Section-D
- IV) Compulsory question – Case study. (1×15=15)
- Kanta Bhakta, MumbaiV/s A Jeweller in Dadar, Mumbai
On March 18, 2011, Kanta Bhakta purchased a pair of bangles and a single bangle from a jeweller in Dadar. They were declared to be of 22 carat gold purity and accordingly she was charged for gold of 22 carat purity plus an additional amount as making charges. After the purchase, the bangles were kept in her locker. Both during Diwali 2010 and at the marriage of a relative, her daughter used the bangles. By coincidence, the complainant came across the X-ray gold testing facility of Tanishq Jewellers who were offering to check the purity of gold through an X-ray test which was non-destructive. Out of sheer curiosity, she had the bangles tested and to her utter disbelief, found out that they were of less than 17 carat purity and not 22 carat, as had been represented at the time of the sale. Shaken by this discovery, she immediately visited the jeweller from whom she had bought the bangles along with the cash memo. He refused to accept her claim and her efforts to reason with him were in vain.
Questions :
- What can Kanta Bhakta do to claim for damages suffered by her?
- b) Write a note on the functions of Consumer Disputes Redressal forum.
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