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  #2  
8th December 2014, 12:43 PM
Super Moderator
 
Join Date: Apr 2013
Re: Commercial Law Exam Sample Question Paper

Here is the list of few questions of Commercial Law Exam Sample Question Paper which you are looking for .

Question 1: Which provision of the Code of Civil Procedure, 1980 (“the CPC”)
specifically provides for the settlement of disputes through alternative dispute
resolution?
Options:
(a) There is no specific provision of the CPC providing for alternative dispute
resolution.
(b) The CPC as a whole provides for alternative dispute resolution.
(c) Section 89 of the CPC expressly provides for settlement of disputes through
alternative dispute resolution.
(d) It is not the CPC, but rather, the Arbitration Act of 1987 which is the
governing law on alternative dispute resolution in the country today.
(e) Section 5 of the CPC expressly provides for alternative dispute resolution.

Question 2: Which of the following most accurately describes the requirements of a
valid arbitration agreement under the Arbitration and Conciliation Act, 1996 (“the
Arbitration Act, 1996”)?
Options:
(a) There is no need for parties to a dispute to frame an arbitration agreement
under the Arbitration Act, 1996 (“the Arbitration Act”).
(b) The parties need not concern themselves with the validity of the arbitration
agreement.
(c) The provisions of the Indian Contract Act, 1872 (“the Contract Act”), do not
apply to such agreements.
(d) The arbitration agreement must be valid as per the Contract Act, and the
parties must be competent to contract.
(e) The only requirement is that the parties must be competent to contract; all
other requirements of validity under the Contract Act are unnecessary.
Commercial Law exam paper







For more questions , here is the attachment .........................
Attached Files
File Type: pdf Commercial Law exam paper.pdf (353.7 KB, 77 views)
  #3  
19th March 2015, 09:51 AM
Unregistered
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Re: Commercial Law Exam Sample Question Paper

I want to get Commercial Law Exam Sample Question Paper for doing preparation of this exam so will you please provide me that ?
  #4  
19th March 2015, 09:53 AM
Super Moderator
 
Join Date: Apr 2013
Re: Commercial Law Exam Sample Question Paper

As you want to get Commercial Law Exam Sample Question Paper for doing preparation of this exam so here I am giving you some questions of that paper:

Q. 1. Comment on the following statements based on legal provisions :
(a) A lost his dog. He sent his servant to search the dog. When he did not hear about the lost dog, he
advertised a reward of ` 500 to any person who found the lost dog and returned it to A. The
servant found the lost dog and returned the dog to A. When the servant came to know about the
reward, he claimed the reward from A. Can he claim the reward? Give reasons.
(b) A is sixteen years of age. He lends ` 1 lac to B on the strength of a mortgage executed in his favour.
Is the borrower liable to repay the money? Give reasons.
(c) Can a minor appoint an agent?
(d) Does the endorsement of a Railway Receipt amount to Transfer of Ownership?
(e) What is ‘Caveat Emptor’?
(f) Gratuity can be attached by an order of the court.
(g) Eligibility to Bonus depends on the period of actual service.
(h) It is illegal to pay gratuity in excess of the limits prescribed in the Payment of Gratuity Act.
(i) As per Industrial Disputes Act, 1947, the Charitable Institutions are not industry.
(j) Bonus is payable only if there is profit.
(k) A drew cheques in favour of B. A’s clerk forged B’s endorsement and negotiated the cheques to C
who took them in good faith and for value. C received payment of the cheques. A claims to
recover the amount from C. will he succeed?

Q. 2. (a) An employee agrees not to institute any legal proceedings against his employer. Can the agreement
be enforced by the employer?
(b) “A mere mental acceptance not evidenced by words or conduct is, in the eyes of the law, no
acceptance.” Comment.
(c) Write a note on ‘Counter Offer’.
(d) Distinguish between an ‘agent’ and a ‘servant’.

Q. 3. Write short notes on :
(a) Bailee’s Lien
(b) Essentials of a valid acceptance.
(c) Position of the finder of lost goods.
(d) Personal liability of agent.

Q. 4. (a) A’s wife B paid ` 500 to C to be given as a bribe to a jailor for procuring release for her husband
from jail. The Jailor failed to procure the release. Can B recover the amount ?
(b) Mr. Pal of his own promised to subscribe to Indira Gandhi Memorial Fund by 30.04.2010, but did
not pay. Under the circumstances, he can be enforced – Comment.
(c) Mr. X forced Mr. Y to sale Y’s house to Mr. Ex at ` 5 lakhs, the market price of which was ` 15 lakhs.
(d) Distinguish between Indemnity and Guarantee.

Q. 5. (a) A sells his grocery business, including goodwill, to B for a sum of ` 50,000. It is agreed that A is not
to open another grocery store in the whole of India for the next ten years. A opens another store
in the same city two months later. What are the rights of A?
(b) A made a contract with B 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 on those goods to that place and the railway booking was consequently
closed. A failed to supply the goods. B sued A for damages for non-supply of goods. A, inter alia,
pleaded that the contract becomes impossible of performance and so he was absolved from
performing it. Will A succeed in his said defense?
(c) A, B and C jointly promise to pay D ` 5,000. A and B are untraceable. Can D compel C to pay him in
full?
(d) A promises to sell and deliver on the 5th of January a lorry to B. The parties have stipulated that
time should be the essence of the contract. A delivers the lorry only on the 5th of February.
Explain what are the rights of B against A in this case. Suppose B desires to accept the belated
delivery and also to claim compensation for loss occasioned by the non-performance of promise at
the time agreed. Advise B as to whether he can achieve these two objectives.

Q. 6. (a) A agrees to sell to B a horse for ` 20,000 if it wins a race and for ` 500 if it does not. The horse wins
the race. Advise the parties if —
i. B refuses to pay ` 20,000 and buy the horse
ii. A refuses to sell the horse to B
iii. B agrees to buy the horse for ` 10,000
(b) A sold some land to B. At the time of sale both parties believed in good faith that the area of the
land sold was 10 hectares. It, however, turned out that the area was 7 hectares only. How is the
contract of sale affected? Given reasons.
(c) H who was badly in need of money offered to sell his piano worth ` 5,000 to C for ` 4,000. C
refused to buy. H gradually lowered his price until ` 1,000 was reached, which C accepted. Before
the piano was delivered, H received an offer of a larger sum from T, and he refused to carry out the
contract with C, claiming that the consideration was inadequate. Is H liable to pay damages to C for
failure to carry out his part of the contract?
(d) A offers, by a letter, to sell a certain articles to B who receives the letter the next day. B immediately
posts his letter of acceptance. The same evening A posts a letter revoking the offer. A’s letter of
revocation and B’s letter of acceptance cross in the post. Is there a contract between A and B?


Q. 7. (a) Rama bought a refrigerator from M/s. Ananda Enterprises for a sum of ` 12,000. The Refrigerator
was defective right from the beginning and it did not work inspite of repairs by the expert
mechanics. Rama wants to return the refrigerator to M/s. Ananda Enterprises and claim refund.
Explain.
(b) A purchased a car from B who had no title to it. A used the car for several months. After that, the
true owner spotted the car and demanded it from A – Discuss the remedies available to A.
(c) X of Delhi orders Y of Madras, to deliver certain goods to him at Delhi. While the goods are lying at
the Delhi Railway Station, the Station Master informs X that the goods are held at the Station at
X’s risk. But X has become insolvent. Has Y any right over the goods as an unpaid seller?
(d) What are the exceptions to the doctrine of Caveat Emptor?

Q. 8. (a) “Only the owner of goods can transfer a good title”. What are the exceptions to this rule?
(b) B selects certain furniture in a shop. The price is settled. He arranges to take delivery of the
furniture the next day and agrees to pay on the first of the next month. The furniture was
destroyed by fire the same evening. Is B liable to pay the price? Give reasons.
(c) A agrees to sell to B his two second-hand cars on the terms that the price was to be fixed by C. B
takes delivery of one car immediately. C, however, refuses to fix the price. A asks for the return of
the car already delivered whereas B insists on the delivery of the second car to him for a reasonable
price of both the cars. Decide.
(d) When an unpaid seller’s lien is lost?

Q. 9. (a) Write a short note on ‘right of re-sale’.
(b) At an auction sale, A makes the highest bid for a flower vase. Purporting to accept the bid, the
auctioneer strikes the vase and breaks it. Who is to bear the loss? Would your decision differ if the
auctioneer had struck the table on which the vase was kept with the hammer and the vase fell
down and broke to pieces?

DIRECTORATE OF STUDIES, THE INSTITUTE OF COST AND WORKS ACCOUNTANTS OF INDIA
(c) A to sell a horse to B who tells A that he (B) needs the horse for riding to Mumbai immediately. The
horse is ill at the time of agreement. What are the rights of A and B?
(d) A seller agrees to supply to the buyer timber of ½” thickness for being made into cement barrels.
The timber actually supplied varies in thickness from ½” to 5/8". The timber is merchantable and
commercially fit for the purpose for which it was ordered. The buyer rejects the timber. Is his
action justified?

For full question paper here is the attachment:
Attached Files
File Type: pdf Commercial Law Exam Sample Question Paper.pdf (334.9 KB, 496 views)


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