GM06
Business Law and Corporate Governance
(For CNM Cases)
Assignment - I
Assignment Code: 2016GM06A1 Last Date of Submission: 30th April 2016
Maximum Marks: 100
Attempt all the questions. All questions are compulsory and carry equal marks.
Section A
1. (a) Define free consent. What are the different flaws in consent? Explain them with the help of important and leading cases?
(b) “In cases of Equal guilt, the position of the defendant is better than that of the Plaintiff” Comment.
2. (a) What are the various ways in which a contract may be discharged?
(b) What remedies are available to an aggrieved party on breach of a contract?
3. (a) Explain the nature of a contract of sale of goods and bring out clearly the distinction
between a sale and an agreement to sell.
(b) Distinguish between condition and warranty. Explain the rule of caveat emptor and state how far it is modified by implied conditions.
4. What are the provisions of Sale of goods act in regard to the passing of property in ascertained
goods, unascertained goods, Goods sold on approval or on sale or return.
Section B
Case Study
The Underwood Ltd. Agreed to sell to Burgh Castle Brick a condensing engine on Feb 19, 2009. The engine was affixed to the soil, in the premises of the Underwood .It needed to be detached before being dispatched to Burgh by train to yarkmouth, a town in England. Certain parts of engine were sent on first On August 6th2009, while being loaded on to a railway track, the bed plate of engine broke.When the consignment reached Burge Castle, they refused to accept it as the engine was damaged.
After going through the facts, Answer the following questions-
(a) Whether the property had passed to the defendant at the time when the accident took place?
(b) Whether within the law on sales of goods act the seller is bound to do something to the goods to put them in a deliverable state?
(c) As per your opinion what is the remedy the defendant was left with?
Business Law and Corporate Governance
(For CNM Cases)
Assignment - I
Assignment Code: 2016GM06A1 Last Date of Submission: 30th April 2016
Maximum Marks: 100
Attempt all the questions. All questions are compulsory and carry equal marks.
Section A
1. (a) Define free consent. What are the different flaws in consent? Explain them with the help of important and leading cases?
(b) “In cases of Equal guilt, the position of the defendant is better than that of the Plaintiff” Comment.
2. (a) What are the various ways in which a contract may be discharged?
(b) What remedies are available to an aggrieved party on breach of a contract?
3. (a) Explain the nature of a contract of sale of goods and bring out clearly the distinction
between a sale and an agreement to sell.
(b) Distinguish between condition and warranty. Explain the rule of caveat emptor and state how far it is modified by implied conditions.
4. What are the provisions of Sale of goods act in regard to the passing of property in ascertained
goods, unascertained goods, Goods sold on approval or on sale or return.
Section B
Case Study
The Underwood Ltd. Agreed to sell to Burgh Castle Brick a condensing engine on Feb 19, 2009. The engine was affixed to the soil, in the premises of the Underwood .It needed to be detached before being dispatched to Burgh by train to yarkmouth, a town in England. Certain parts of engine were sent on first On August 6th2009, while being loaded on to a railway track, the bed plate of engine broke.When the consignment reached Burge Castle, they refused to accept it as the engine was damaged.
After going through the facts, Answer the following questions-
(a) Whether the property had passed to the defendant at the time when the accident took place?
(b) Whether within the law on sales of goods act the seller is bound to do something to the goods to put them in a deliverable state?
(c) As per your opinion what is the remedy the defendant was left with?
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