Lab 1
Lab 1
S School of Management
Mohan Nagar, Ghaziabad
PGDM-II Trimester
End Term Examination – January 2021
Subject: Legal Aspects of Business
Duration: 2:30 Hrs. Max. Marks: 100
Note: Answer all the questions as directed.
SECTION A
Q. No. 1: Attempt any five questions with suitable examples (5x4 Marks=20 Marks)
SECTION B
A) The defendant was a civil servant in Ceylon. He and his wife were enjoying leave in England.
When the defendant was due to return to Ceylon, his wife could not accompany him because of
her health. The defendant agreed to send her £ 30 a month as maintenance expenses during the
time they were thus forced to live apart. She sued for breach of this agreement. Discuss the case
in the light of Indian Contract Act, 1872. Explain the important provisions of the act related with
the case.
B) X polished Y’s shoes without being asked by Y to do so. Y does not make any attempt to stop
X from polishing the shoes. Is Y bound to make payment to X? In the light of the given case,
explain which type of contract is this. Also discuss various types of contracts with the help of
suitable examples.
C) X was an old customer of a restaurant. One day he went into that restaurant for the purpose of
taking dinner. When he went inside the dining area, a waiter took his waist coat and hung it on a
hook behind him. Waiter did not ask X before taking his waist coat. After dinner, when X rose
after dinner, coat was not there. Discuss the present situation and identify the customer and
waiter. Also discuss the rights and duties of customer under the purview of the subject.
D) A sells goods to B. B pays to A through a cheque. Before B could obtain the delivery of
goods, his cheque has been dishonored by the bank. A, therefore, refuses to give delivery of the
goods until paid. Is A’s action justified? Discuss the rights of A in the present situation.
E) The promoters of a company, before its incorporation, enter into an agreement with P to buy a
Plot of land on behalf of the company, after incorporation the company refuses to buy the said
plot of land. Has P any remedy either against the promoters or against the company? Also
discuss the characteristic features of a company after the incorporation.
F) Suppose Mr. X who is the holder of an instrument, wants to transfer it to Mr. Y. Explain the
process for transferring a negotiable instrument from one person to another person. Also discuss,
different ways in which a negotiable instrument can be transferred.
SECTION C
Directions: Attempt all the caselets. In the following caselets, first give your decision followed by
reasons/references to support your decisions.
1. A invites B to see a picture with him. B accepts the offer. A purchase a ticket for B and
waits for him outside the cinema hall. B does not turn up, has A any cause of action
against B.
2. X, an illiterate old man of about 90 years, physically infirm and mentally in distress,
executed a gift deed of his properties in favour of Y, his nearest relative who was
looking after his daily needs and managing his cultivation. Is X bound by this gift deed?
3. Harish says in conversation to Suresh that he will give Rs. 10,000 to a person whosoever
marries his daughter. Alok marries Harish’s daughter and files a suit to recover Rs.
10,000, will he succeed?
4. B offered to sell his car to A for Rs. 95,000. A accepts to purchase it for Rs. 94,500. B
refused to sell the car Rs. 94,500. Subsequently A agrees to purchase the car for Rs.
95,000 but B refused to sell the car. A sues B for the specific performance of the contract.
Will he succeed?
5. Ramesh & Co. was the sole Asian distributor of carbon paper products of Suresh & Co.
In 2013, both the parties entered into an agreement explicitly writing and signing a
document that excluded this business relationship of all legal bindings. It further
promised to conduct the business with mutual loyalty and friendly cooperation. But the
friendship soured and the relationship broke when Suresh & Co refused to comply with
the supplies. Ramesh & Co. sued Suresh & Co and prayed for the enforcement of the
agreement. Will Ramesh & Co. succeed? Discuss.
6. X gave an advertisement in a newspaper that a sale of office furniture by auction will be
held at 2 P.M. on 9th August, 2010 at ‘Pragati Maidan, Stall No. 411, New Delhi.’ Y
from Mumbai reached New Delhi on the appointed date and time but X had cancelled the
auction sale. Advise Y.