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 |
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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 |
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10. | Mention any two inventions that are not patentable. | |
SECTION – B |
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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 |
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III) | Answer any THREE questions. Each carries 15 marks. (3×15=45) | |
17. | Define offer and explain the essentials of a valid offer.
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18. | What is meant by consideration in a contract? Examine the legal rules regarding consideration in a contract.
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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.
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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?
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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 |
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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.
Rs. 2, 00,000 paid to him. Will George succeed?
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