Law of Contract 407-414

A 407COMMERCIAL & INDUSTRIAL LAW

QUESTION BANK - COMMERCIAL AND INDUSTRIAL LAW

LAW OF CONTRACT

1. “Contract is void unless it fulfills the necessary conditions stated in law of contract.”Discuss this statement in brief with the help of necessary elements of contract.

2. Discuss the scope of contract by evaluating the statement that – “ the law of contractrestricts itself to voluntarily created civil obligations”

3. “Every contract is an agreement but not all agreements are necessarily contract.” Supportthe statement with substantial material.

4. Define proposal or offer and various modes of offer?

5. “An offer which is made by conduct is also a valid offer” Do you agree?

6. Define the communication of offer and its acceptance when completed?

7. “A notice will be regarded as sufficient only if it will convey to the minds of people ingeneral the terms and conditions of contract.” Discuss with the help of “Henderson v/s. Stevenson”.

8. Define consideration. Do you agree that “Consideration must have some value in eyesof laws” Whether contract without any consideration is a valid contract?

9. (a) Define the meaning of misrepresentation.

(b) Contract induced by misrepresentation is it a valid contract?

(c) Can disadvantaged party also claim damages for breach of contract?

10. “Misrepresentation and fraud carries some common point still they are distinct on somepoints” Discuss.

11. (a) Discuss the case “Mohoribibee v/s. Dharmodas Ghose?

(b) Do you agree that contract by or on behalf of minor is invalid in toto?

12. Define various modes of discharge of contract?

13. “Time is essence of contract” Substantiate with the help of ruling cases?

14. (a) What do you mean by impossibility of performance of contract?

(b) Can agreement to do the impossible Acts is a valid agreement?

(c) Agreement which is initially possible but subsequently impossible did lead to validreason for non-performance of contract?

15. Define the well established grounds for the frustration of contracts and support with thediscussion of well known leading cases on it?


COMMERCIAL & INDUSTRIAL LAWA 408

THE SALE OF GOODS ACT, 1930

1. Write note on “sale” and “agreement to sell”2. Passing of risk is dependent on delivery of goods – Comment.3. Write note on – Condition and warranties

4. Discuss the method of “Transfer of ownership and delivery of goods under the Sale ofGoods Act.

5. Define Un-paid seller and his rights?

6. Discuss the duties of seller and buyer under the Sale of Goods Act?

7. Enumerate the procedure with regards to suits for breach of the contract under Sale ofGoods Act?

INDUSTRIAL LAWS

FACTORIES ACT

1. Who is an occupier of factories under the Factories Act? When can he be exempted fromliability?

2. Discuss the provisions of the Factories Act which have been enacted for the protectionof health of workers?

3. A Company intends to start a factory for manufacturing machine tools and proposes toa site for the purpose. What steps the Company should take for erection of the factorypremises and for occupying the same for running it?

4. State briefly the provisions of the Factories Act, which ensure safety of the workersagainst dangerous machinery?

5. Describe the welfare measures under the Factories Act? How are they employed?

6. What are the provisions of the Factories Act, regarding the payment of extra wages forovertime? Is it obligatory on the employees to work overtime?

7. Enumerate the provisions and restrictions under the Factories Act relating to employmentof women and young persons in factory?

8. What are the provisions of the Factories Act regarding wages as provided under theFactories Act?

9. State briefly the obligation of workers under the Factories Act?

10. Explain the term manufacturing process defined under the Factories Act?

11. Describe the provisions of annual leave with wages available to a worker under theFactories Act?


INDUSTRIAL DISPUTE ACT, 1947

1. Discuss the term industrial dispute according to Industrial Dispute Act? A sweeperemployed in a firm of solicitors wants to raise an industrial dispute can he succeeds?

2. Explain the scope of the definition of the term “Industry” in the Industrial Dispute Act.Do the Hospital run by the state Govt. and Municipal Corporation is within the definition?

3. Comment on—a. Award and Settlement.

b. Lock out and strike.

4. What are the various authorities under the Industrial Dispute Act which help to settleindustrial disputes? Discuss the function of each?

5. State the provisions of the Industrial Dispute Act with regard to the prevention &settlement of industrial disputes and voluntarily transfers of disputes to arbitration.

6. Write the provisions of the Industrial Disputes Act relating to –

a. Commencement of the award

b. Persons on whom settlements and awards are binding

c. Period of operation of settlement and awards

7. State the circumstances when strike and lock outs are prohibited in a public utility orotherwise? What are the effects of strikes and lock-outs in contravention of the prohibitiontherefore?

8. Explain what is meant by retrenchment. State when a workman can be retrenched anddiscuss the procedure for the retrenchment? What are the rights of retrenched worker?

9. Can the condition of service of a serviceman be changed in course of conciliationproceedings under the Industrial Dispute Act?

10. Can the workmen be punished of during the pending procedure? What procedure is tobe followed by the aggrieved workman to have his grievances redressed?

WORKMAN COMPENSATION ACT

1. When does an employer become liable to pay compensation to workman under theWorkman Compensation Act?

2. How far negligence or contributory negligence of the workman is a valid defence?

3. Discuss the defences available to an employer against a claim for compensation forpersonal injury made by a workman under the Workmen Compensation Act?

4. Briefly explain the provisions relating to amount of compensation under the WorkmanCompensation Act?

5. What is the meaning of monthly wages and how are they calculated under the WorkmanCompensation Act?



6. State the provision of the WC Act regarding the time for payment of compensation andpenalty for default thereof?

7. Can the Compensation payable under the Workman Compensation Act be assignedattached or charged?

8. No claim for compensation shall be entertained by a commissioner unless notice of theaccident has been given in the proper manner? Explain with reference to WC Act?

9. What is the effect of the insolvency of an employer upon the right of a workman toreceive compensation under the WC Act?

10. a. Under what circumstance a claim for compensation is entertained even thoughnotice of accident is not given by the workmen under the WC Act?

b. Accident alone does not entitle a workman to claim compensation; it must arise outof and in the course of employment. Comment with the help of decided cases.

c. Point out distinction between total disablement and partial disablement.

THE PAYMENT OF WAGES ACT

1. What are permissible deductions under the Payment of Wages Act and at what rate?

2. What are the duties of employer under the Payment of Wages Act?

3. “The authority under the Payment of Wages Act can investigate all claims arising outof deductions from wages or delay in payment of wages and all matters incidental tosuch claim” Discuss

4. Write a note on employer’s responsibility for payment of wages under the Payment ofWages Act.

5. Explain the provisions of the Payment of Wages Act relating to deductions for damageof loss?

6. When can deductions be made by an employer from the amount of bonus payable toan employee under the Payment of Wages Act?

7. State the object and scope of the Payment of Wages Act?

8. To what reasons do the provisions of the Payment of Wages Act apply?

9. What is meant by “wages” according the Act? Would gratuity payable under settlementarrived at in course of conciliation on proceeding come within the meaning of wages?On whom does the responsibility for the payment of wages under the Payment ofWages Act?

10. What are the restrictions with respect to deductions from the wages for absence fromduty under the Payment of Wages Act?

11. Describe the procedure for determining claims arising out of deductions for wages andstate powers of the authority to whom such claims may be made under the Payment ofWages Act?


MINIMUM WAGES ACT

1. What factors are taken into account by the appropriate Govt. in fixing the minimumrates of wages of the employees of an industry to which the Minimum Wages Act isapplicable?

2. Can different rate of wages be fixed for different scheduled employment under theMinimum Wages Act?

3. How can the appropriate Govt. correct clerical or arithmetical mistakes in any orderfixing minimum rates of wages?

4. Is it permissible to pay wages in kind under the Minimum Wages Act?

5. What are the remedies available to a worker who has paid less than the minimum ratesof wages? State the procedure for determination of disputes under the Minimum WagesAct?

6. What are the checks against evasion of payment of minimum wages to the employee ina scheduled employment in which minimum rates of wages have been fixed by theemployer?

7. Discuss the provisions of Minimum Wages Act relating to payment of –

1. Wages of workers who works for less than normal working hours

2. Wages of to or more classes of work

8. Define employee according to the Minimum Wages Act?

9. Elucidate the procedure for fixing minimum wages. What is the composition of suchminimum rates of wages?

10. What is meant by scheduled employment under the Minimum Wages Act? Enumeratethe scheduled employment? Is it a closed list?

PROVIDENT FUND ACT

1. What establishment may be exempted from the operation of the Provident Fund Act?2. State the provisions of the Provident Fund Act regarding contribution to provident

fund?3. Can the employer reduce the wages of an employee?4. Is there any priority of payment of contribution over other debts?5. How does an individual become eligible for membership and when does his contribution

begin?6. On the death of a member, how disposal is made of his provident fund? State in your

answer the arrangement for nomination of beneficiary?7. Explain the rules governing transfer of member’s accumulations in the provident fund

when a member is transferred or transfers himself from one establishment to another?8. When can provident fund be deducted from the account of members dismissed for

serious and willful misconduct?



9. State the powers of appropriate government under the Provident Fund Act to exemptany establishment from the scope of the scheme?

10. A decree holder wants to attach the provident fund amount standing to the credit of thejudgment debtor. Advice what plea should the judgment debtor take?

PAYMENT OF BONUS ACT

1. What is the time limit on set off and set on?2. What is the maximum amount to be set on for any given year?3. Write a note on1. Available surplus2. Prior charges3. Gross profit4. Net profit4. To what establishment the Payment of Bonus Act is applicable?5. In what two cases may bonus be payable for an establishment employing less than 20

persons?6. What are the conditions which shall be disqualify an employee from recovering bonus

under the Payment of Bonus Act?7. State the legal provisions relating to time limit for payment of bonus?8. What is gross profit under the Payment of Bonus Act and to what extent it differs from

profit mentioned in the Balance Sheet and Profit and Loss Account?9. If an employer does not earn profits is he liable to pay bonus? If so describe the procedure

for calculating bonus?10. Can the unpaid and time barred bonus be recovered? How can the dispute regarding

bonus be taken up by labour courts?11. State the legal provisions relating to time limit for the Payment of Bonus Act?

THE PAYMENT OF GRATUITY ACT

1. What are the circumstances in which gratuity becomes payable to an employee underthe Payment of Gratuity Act?

2. When does an employee fight for right of gratuity under the Payment of Gratuity Act?3. What are the rules as to determination and recovery of the amount of gratuity under the

Payment of Gratuity Act?4. Who is the controlling authority under the under the Payment of Gratuity Act?5. Define employee under the under the Payment of Gratuity Act?6. Explain the procedure for claiming gratuity under the Payment of Gratuity Act?7. Under what circumstances gratuity may be forfeited under the Payment of Gratuity Act?8. Discuss when gratuity shall become payable to an employee? Is there any maximam or


minimum amount that has to be paid as gratuity. What is the rate at which gratuity shallhave to be paid?

9. Enumerate the contingencies in which the gratuity can be forfeited wholly or partiallyunder section 4 ( 6 ) of under the Payment of Gratuity Act and to what extent provisionsare consistent with social justice?

10. Can gratuity payable to an employee under the Payment of Gratuity Act be attached inexecution of any decree of a court?

CONSUMER PROTECTION ACT

1. Discuss the rights of consumer under the Consumer Protection Act?2. What do you mean by consumer dispute? Who can file a compliant under the Consumer

Protection Act?3. Who is a consumer and who is not a consumer under the Consumer Protection Act?

Support with leading cases.4. What types of complaints can be taken into consideration under the Consumer Protection

Act.5. What is meaning of Service under the Consumer Protection Act?6. Comment on” A complainant means any person in terms of Consumer Protection Act?7. Write note on remedies available under the Consumer Protection Act.8. Which are the Restrictive and unfair trade practice under the Act? Support with help of

leading cases.9. What is a procedure for redressal of complaints under the Consumer Protection Act?

What do you mean by three tier redressal system?10. What are the powers of national commission under the Consumer Protection Act?

OTHER LAWS, LIMITED LIABILITY PARTNERSHIP

1. What do you mean by limited liability partnership ( LLP )?2. Differentiate between Joint Stock Company and LLP.3. What is the procedure of establishment of limited liability partnership?

NEGOTIABLE INSTRUMENT ACT

1. Write short on—a. Bank draftb. Hundic. Bill of ladingd. Debenturese. Negotiable instruments

2. Define a promissory note. Discuss in detail essential characterizes of a promissory notewith illustration.



3. What is the effect of the failure of consideration for the making of promissory note?4. Distinguish between a promissory note and bill of exchange?5. Write note on—

a. Drawerb. Draweec. Drawee in case of needd. Acceptance for honour

6. What is a difference between a bill of exchange and cheque?7. When notice for dishonour is not necessary?8. Distinction between holder and holder in due course?9. What is meant by crossing of a cheque? What is the advantage of crossing of a cheque

from the point of view of customer?10. Explain the following terms-

a. Inchoate Instrumentb. Ambiguous Instrumentc. Bills of sets

11. Explain what is meant by payment in due course under the Negotiable Instrument Act?

THE RIGHT TO INFORMATION ACT ( RTI )

1. What is a scope and object of RTI Act?2. Who are the Component Authorities under the RTI Act?3. What do you mean by Right to Information? Discuss alongwith Constitutional provisions?4. What are the obligations of Public authorities under the RTI Act?5. Elaborate the method for obtaining information under RTI Act.6. Write a note on grounds for rejection to access information in certain cases?7. Discuss the powers and functions of the Information Commission.

COMPETITION ACT 2002

1. What is meant by prohibition of anti competitive agreement?2. What is the procedure of preventing abuse of dominant position?3. What do you understand by combination? Explain the procedure of regulation of

Combination?4. How is director general appointed under the Act?5. Write short notes on-a. Cartel under the Act.b. Domestic Nexusc. Acquisition, merger and amalgamationd. Anti competitive agreemente. Consumer under the Act.f. Enterprise under the Act.

Law of Contract 407-414

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Transcript of Law of Contract 407-414