Annamalai University 2007 LL.M SPECIAL CONTRACTS INCLUDING BANKING AND NEGOTIABLE INSTRUMENTS ACT - Question Paper

ans ques. No. one and
any other 5 ques..

ques. No. one carries 25 marks
and ALL other ques. carry 15 marks every.


1. (a) A, a farmer, got a loan from B. Because
of the Debt Relief Act, his liability was greatly decreased. Even then he is not in a position to pay the debt. D, files a suit against the surety, for the entire amount, who argued that he is liable to pay only the decreased amount. Whether his argument is valid ? Analyse the issue in the light of relevant provisions and leading cases.

(OR)

(b) X delivers a few jewellery to Y on sale or return. Without specifying any time for its return in case of non - acceptance. Y allows the jewellery to remain with himself without signifying his approval or refusal. After a month, burglary takes place in Y?s house and the jewellery is stolen. Can X sue Y for the price of the
jewellery ? Decide in the light of relevant provisions.

2. Delegatus non - protest delegare. explain the maxim stating the exceptions to the rule in the contract of agency.

3. Indemnity is not necessarily provided by repayment after payment. Indemnity requires that the party to be indemnified shall never be called upon to pay - Elucidate.


4. Although sharing of profits is an essential element of partnership, it is not the sole test. - Examine.

5. A condition or warranty as to quality or fitness of the goods is implied only so far as a buyer does not buy on his own judgement?. - explain.

6. What do you understand by presentment of a negotiable instrument ? State the cases in which resentment for payment is not necessary.

7. The right to combine several accounts kept by a customer, is a right of the banker only, not of his customer. Critically analyse the correctness of the statement.

8. Write short notes on :
(a) Holder in due course.
(b) Dishonour of cheques.
(c) Protection of collecting banker.

Earning:   Approval pending.