Legal Environment Business Nepal TU Board 2018 - Business Law (MGT 204, old course) question paper

What do you understand by the notion of 'no consideration no contract'?

Why a minor is regarded as an incapable person to enter contract?

Distinguish between void and voidable contract.

List out two differences between Substantive Law and Procedural Law.

Rajan promises his wife Padmawati to give her pocket money of Rs. 3,000 per month. After six months, he stops making the payment. Can Padmawati claim damages from Rajan?

What is quasi-contract?

David agrees to let his flat to Katie for the use as a gambling den on a monthly rent of Rs. 50,000. After 5 months, Katie stops making the payment of rent. Advise David whether he is entitled to recover the rent from Katie?

A and B are standing on the opposite banks of a river. A shouts offering to sell his car to B for Rs. 5,00,000. B hears the offer and shouts back that he accepts it. Unfortunately at that precise moment, low flying aircraft passes by and B's acceptance is not heard by A because of noise. Is there a binding contract between A and B?

A writes to B offering to sell certain property at a stated price. B in ignorance of offer made by A, writes to A offering to buy the same property at the same price. The letter crossed in the post. Can A bind B to buy the property?

Common carrier has to carry goods indiscriminately. Write four cases when it can refuse to carry goods.

What do you mean by business law? Explain its sources in Nepalese Business Law.

What do you understand by the term 'quasi contract'? Explain the provisions prescribed by the Nepalese law of contract in this respect.

What do you understand by the term 'condition' in contract of sale of goods? How can you differentiate between 'condition' and 'warranty'?

What is breach of contract? What are the legal remedies for breach of a contract?

What do you mean by performance? Explain who can demand performance of contract?

Define the contract of affreightment? Distinguish between 'Charter party' and 'Bill of Lading'.

a. Dr. Manoj and Dr. Sanjaya entered into a partnership contract to run a clinic in Kathmandu. The agreement between them provides that any of them should not practice as a doctor in Kathmandu within the period of two years, and if did so, he should pay Rs. 1,00,000 to another as compensation. But, immediately after six months, Dr. Manoj began to practice as a doctor by next door to the clinic. Dr. Sanjaya, thereupon, sued Dr. Manoj for compensation for the breach of contract between them. If you were a lawyer of Dr. Sanjaya, advise in the following issues:

• i) What is the legality of this agreement? [2.5]
• ii) Whether Dr. Manoj is bound to pay compensation to Dr. Sanjaya for the breach of contract? [2.5]
• b) Janata Jewel store delivers a golden necklace to Yamuna on the basis of 'sale or return' condition for three days. Both the parties agree that 'the ownership will passes after notice of acceptance'. The second day Yamuna sells the necklace to Ganga who buys that Jewel on good-faith. But, Yamuna has neither given notice of acceptance nor price to the Janata Jewel store. Answer following questions with reason:
• i) Whether contract between Janata jewel store and Yamuna valid? [2.5]
• ii) Whether Ganga acquires ownership of the Jewel? [2.5]

a. Lila was shopping in a self-service supermarket. She picked-up a bottle of cooking oil from a shelf and was examining it the bottle exploded in her hands suddenly. She sued P, the producer company which had bottled the oil, to recover compensation for the breach of condition arising from the contract sale of goods. Answer with reason:

• i) If the agreement of employment is valid? [2.5]
• ii) What would be your suggestion as a lawyer to the producer company in this case? [2.5]
• b) X has delivered a tiger to the Railway for carriage. The cage of the tiger suddenly breaks by the jolts received during the journey and the tiger escapes and reached the area of a farmland. The tiger kills a bullock belonging to Y, a farmer and was immediately shot dead by the security officials of the Railway Administration. Who is responsible for the deaths of these two animals answer with reason?