Business Law
Assignment – A
1. At a meeting of a company, only 15 shareholders were present. 9 voted for a special resolution and 2 against and 4 did not vote at all. No poll was demanded and the chairman declared the resolution to be carried. Is this a valid resolution? Give reasons. Explain different kinds of Meetings and resolutions of a company?
2. A company altered the objects clause of its Memorandum of Association according to the procedure laid down by law, i.e. by passing a special resolution. A copy of the resolution was filled with the Registrar 4 months after the passing of the resolution. Can the Registrar register the alteration? Give reasons. When and how MOA may be altered?
1. Joseph promises to his wife Eva to give her pocket money of Rs 1,000 per month. After 6 months, he stops making the payment. Can Eva claim damages from Joseph? Give reasons in the light of essentials of a valid contract.
2. No seller can give to the buyer a better title to the goods than he himself has”. Comment on the statement and also discuss the exceptions to this rule as per the Sale of Goods Act, 1930
3. Write short notes of the following.
(a) “A stranger to the consideration can enforce the contract”. Explain the exceptions in the following.
i- Supervening Impossibility
ii- Novation
(b)Anticipatory breach of Contract
c) A private company has only 2 shareholders who are also the directors with equal rights of management and voting power. The company has made large profits, but there is a complete deadlock in the management of the company. One of the shareholders applied for the winding up of the company. Decide at what moment does a winding up by the court commence?
(d) What is a ‘Prospectus’? Is it obligatory for a company to file a prospectus or a statement in lieu of prospectus with the Registrar of Companies?
(e) What is meant by the rule of ‘Caveat Emptor’ and what are its exceptions?
6. Every Holder in due course is a holder, but every holder may not be a holder in due course. Explain the term ‘Holder’ and ‘Holder in due course’ under the Negotiable Instrument Act, 1881.
7. Explain the different types of Crossing of Cheque under the provisions of Negotiable Instrument Act, 1881. What are the penalties prescribed in the Negotiable Instrument Act, 1881 in case of dishonor of a cheque?
8. i). State with reasons whether the following statement is correct or Incorrect:
(a) “Continuing guarantee is revoked by the death of the surety”.
(b) “A principal is liable for frauds of his agent”.
(ii). Explain the various modes of creation of Agency? Write note on agency be estoppel and holding out.
Assignment – B
Case Detail: Read the case study given below and answer the questions given at the end
Case Study – Bailor &Bailee
Sudarshan bails a certain quantity of “First Grade” petrol, to be stored safely till the end of March 2011. Raghman, without the consent of Sudarshan mixes the first grade petrol with his own “Second Grade” petrol on 1st April, 2011, when Sudarshan asked Raghman for his first grade petrol Raghman tells him to take the bailed quantity of petrol out of the mixed petrol. Sudarshan refused to take the mixed petrol and instead claims the prices of the “First Grade” petrol, which is higher than “Second Grade”. Raghman refuses to compensate Sudarshan for the above on the ground of impossibility of performance.
Q .1 (Whether Raghman is liable to compensate Sudarshan for the loss?
Q .2 Can Raghman be held liable for bearing the expenses which might be incurred for the separation of the two kinds of goods? If it was not petrol but the goods which is capable of being separated?
Q .3 With regard to the provisions of the act explain the duties of bailor and bailee.
Assignment – c
1. Annual – general Meeting is required to be held---
a. By a private company only
b. By a public company only
c. By a company limited by guarantee only
d. By all kinds of companies
2. An acceptance is complete and effective only when it has been---
a. Communicated to the offerer
b. Merely mentally accepted
c. Externally manifested
d. Kept in the drawer
3. Name of a company can be changed by passing a special resolution and with the approval of
a. The company law tribunal
b. The Central Government
c. The Registrar of Companies
d. None of these
4. Which of the following is a mode of discharge of contract---
a. By impossibility of performance
b. By lapse of time
c. By breach of contract
d. All of above
5. Limited liability means liability of its---
a. Debtors is limited
b. Creditor is limited
c. Members is limited
d. Debenture holder is limited
6. In a contract of sale, property means
a. Raw-materials
b. Moveable goods
c. Ownership
d. Immovable property
7. The goods which are yet to be acquired by the seller, are called
a. Existing goods
b. Contingent goods
c. unascertained goods
d. future goods
8. A contract becomes voidable if it has been caused by---
a. Coercion
b. Fraud
c. Undue influence
d. All of them
9. If the goods have perished, the contract of sale of such specific goods, will become---
a. Voidable
b. Void
c. Illegal
d. None of these
10. Articles can be altered by
a. Ordinary resolution
b. Special resolution
c. Resolution requiring special notice
d. Unanimous resolution
11. A contract entered into between the parties by words is called---
a. An express contract
b. An implied contract
c. A quasi contract
d. An excited contract
12. Acceptance of an offer is complete as against the offeror as soon as
a. The offerer knows about it
b. The letter of acceptance is posted
c. The letter of acceptance is signed by offeree
d. The letter is handed over to a delivery person
13. If a company fails to pay its debts suit can be filed against the---
a. Directors
b. Members
c. Officers
d. Company
14. A contract with a minor is
a. Illegal
b. Valid
c. Void
d. Voidable
15. Who is liable for the supply of necessaries to a minor---
a. His guardian
b. His manager
c. His property
d. He himself
16. A prospectus is issued---
a. By a private limited company
b. By a public limited company
c. By a company limited by guarantee
d. None of these
17. When, before the contract becomes due for performance, the promisor declares his intention of not performing his promise, it is called---
a. Remission
b. Waiver
c. Alteration
d. Anticipatory breach
18. A bailment cannot be made about---
a. Car
b. Furniture
c. Money
d. Television
19. The damages which arise in the usual course of things happening from the breach of contract, are called---
a. Remote damages
b. Ordinary damages
c. Special damages
d. Nominal damages
20. When a person is employed to represent another in dealings with third person, it is a contract of---
a. Bailment
b. Guarantee
c. Agency
d. Pledge
21. Which of the following is not an essential element of a contract of sale---
a. Goods as a subject matter
b. Transfer of property in goods
c. Price
d. Railway recipt
22. In return for a new television, Raju agrees to give his old television valued at Rs. 3,000 and an amount of cash worth Rs. 5,000 to Ganesh. This is a---
a. Barter
b. Exchange
c. Contract of sale of goods
d. Sale of approval
23. Which of the following rights is held by an unpaid seller---
a. Right of lien
b. Right of stoppage in
c. Right of resale
d. All of these
24. After exercising the right of lien, the seller can resell the goods of perishable nature---
a. After giving 7 days notice of resale to buyer
b. After giving 1 days notice of resale to buyer
c. Without giving any notice
d. None of these
25. Which of the following is not a remedy for breach of contract---
a. Rescission of the contract
b. Restitution of benefit
c. Suit for damages
d. Alteration of the contract
26. A contract by which one party promises to save the other from loss is called---
a. Contract of guarantee
b. Contract of indemnity
c. A quasi contract
d. None of these
27. Surety’s liability is
a. Primary
b. Secondary
c. Absolute
d. None of these
28. Crossed cheques payable to bearer are negotiated by
a. Endorsement and delivery
b. Delivery
c. Assignment
d. None of these
29. In a contract of sale, which of the following is treated as implied condition
a. That the seller has title to goods
b. That goods are similar to description
c. That goods are according to sample shown
d. All of these
30. Consideration must move at the desire of---
a. The promisor
b. The promise
c. A third party
d. None of them
31. Which of the following does not relate to ‘termination of agency by operation of law’
a. Death of principal
b. Insolvency of principal
c. Destruction of subject-matter
d. Revocation of authority by the principal
32. Which of the following sentence is a valid promissory note---
a. I promise to pay Mohan or order Rs. 1,000.
b. I promise to pay HariRs. 2,000 worth of shares
c. I promise to pay Naraynan in East India Bonds
d. I promise to pay Rakesh Rs. 5,000 and to deliver 50 kg of sugar.
33. A stipulation collateral to the main purpose of the contract, is called a---
a. Condition
b. Warrenty
c. Guarantee
d. None of these
34. A person who receives a negotiable instrument for consideration, before maturity, and in good faith, is called
a. Holder for value
b. Holder
c. Holder in due course
d. None of these
35. A director must vacate his office if he fails to obtain qualification shares within
a. 1 week
b. 2 week
c. 1 month
d. 2 month
36. Which of the following rights are available to a finder of goods---
a. Right of lien
b. Right to file a suit for reward
c. Right of sale of goods
d. All of these
37. A private company has at least---
a. 7 members
b. 3 members
c. 3 director
d. 2 member
38. A cheque payable to order may be negotiated---
a. By delivery
b. By endorsement
c. By endorsement and delivery
d. None of these
39. Which of the following endorsements is invalid---
a. Restrictive endorsement
b. Conditional endorsement
c. Special endorsement
d. Partial endorsement
40. When a cheque bears across its face an addition of the words “&” between two parallel transverse lines, it is called---
a. Special crossing
b. Restrictive crossing
c. general crossing
d. double crossing
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