M.Com. DEGREE EXAMINATION, NOVEMBER 2017
Third Semester
Commerce
BUSINESS LEGISLATIONS
(CBCS 2016 onwards)
Time 3 Hours Maximum 75 Marks
Part A x 3 15)
Answer all questions.
1. Describe the essentials of a Valid Contract.
2. What is a Continuing Guarantee? When and how is it
revoked?
3. What is the function of the State Consumer Protection
Council?
4. How do you distinguish between a Common Carrier and a
Private Carrier?
5. Discuss in brief the restrictions on alteration of Articles
of Association.
Part B x 10 50)
Answer all questions either or
6. What are Necessaries? When is a minor liable on a
contract for Necessaries?
Or
Explain 'Breach of Contract' as a mode of discharge
of contract.
Sub. Code
611303
RW-777
2
WSS
7. Write a short note on
Agency by Estoppels,
Agency by Holding Out,
Agency by Necessity.
Or
What are the rights and obligations of a Finder of
Goods? What is the nature of the lien he has over
the goods?
8. State briefly the rules as to the passing of property
from the seller to the buyer in a contract for the sale
of goods.
Or
What remedies are open to a buyer for breach of a
contract by the seller? What are his liabilities for
rejecting or refusing delivery of goods?
9. What are the functions of Bill of Lading? Of what
facts is a Bill of Lading Prima Facie Evidence?
Or
What are the respective rights and duties of
Common Carrier and Private Carriers? Can a
common carrier reduce his liability by a special
contract?
10. Explain the duties of Directors under (section 166)
and removal of Directors under (section 169) of the
Companies Act.
Or
What is Annual General Meeting? State the legal
provisions regarding calling of such a meeting.
RW-777
3
WSS
Part C 10 10)
(Compulsory)
11. Case
A offered to sell to B a certain machine for
Rs. 50,000. B refused to buy unless certain work
was done on it to put it into a running condition.
A replied that B might take it to a repair shop and
have work done, and when the cost of repairs was
known might pay A Rs. 50,000 less the cost of
repair. To this B agreed and took the machine to a
repair shop. While being repaired, the machine was
destroyed without any fault of the repairmen. Can
A recover the price from
Manoj said to Suresh a tin of disinfectant powder.
He knew that it would be dangerous to open the tin
without special care but he did not warn Suresh.
Suresh without knowledge of the danger, opened
the tin whereupon the powder flew into his eyes and
injured him. Suresh filed a suit for damages for the
injury. Will he succeed?
100 barrels of oil and 100 bales of cotton were
shipped under a bill of lading which contained the
clause 'not accountable for rust, leakage or
breakage'. On delivery 2 barrels of oil were found to
be empty and 60 bales of cotton were damaged with
oil. The shipper sued the ship owner for damages on
account of the loss suffered. Will he succeed?
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