CSS Mercantile Law Past Paper 2009
PART-II (Subjective) 80 Marks
Attempt ONLY FOUR questions from PART-II. (20×4)
PART-II
Q.2.
(a) All contracts are agreements, but all agreements are not contracts. Please justify.
(b) Give five examples of such agreements which are declared to be void under the Contract Act, 1872.
Q.3.
(a) When will the consent of a party to a contract be deemed to have been caused by coercion?
(b) Will the threat to commit suicide by husband amount to coercion against wife in a contract between them? Comment.
Q.4.
(a) A and B contract to marry each other. Before the time fixed for the marriage, A goes mad. What type of contract does it become?
(b)
(i) Can A, who is a pleader, recover a fee from his client B, when there was no express agreement as to the remuneration for the services rendered? Justify your reply.
(ii) A, gratuitously saves B’s property from fire. Is A entitled to any compensation for it from B?
Q.5.
(a) Jewellery was pledged with a money lender as security for a loan. The lender gave it to his wife for putting it on a marriage. While returning from the ceremony, she was attacked by dacoits and robbed of it. Was the money lender liable for making good the loss to the loanee after such an incident? Comment.
(b) What are the rights of the Pawnee in respect of the thing pledged?
Q.6. What statutory restrictions are imposed on the alteration of articles of association of a company?
Q.7.
(a) What remedies are available to a buyer when the seller delivers him goods less and/or more than the quantity contracted?
(b) A purchased a pole for his carriage from B. While A was driving the pole, due to a latent defect, it broke, and the horses got frightened and injured. Is any remedy available to A in such a case? Comment.
Q.8.
(a) In what cases can a party to the arbitration agreement appoint his own appointed arbitrator to act as sole arbitrator in the reference?
(b) Define the following:
(i) Drawee
(ii) Payee
(iii) Accommodation Bills
(iv) Blank instrument
(v) Cross cheque