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

Register Number :
Name of the Candidate :
7 nine 0 8
L.L.M / M.L.
DEGREE EXAMINATION, 2007
( BRANCH - I : CONTRACTS INCLUDING
MERCANTILE legal regulations )
( 1st YEAR )
( PAPER - II )
120. SPECIAL CONTRACTS INCLUDING BANKING AND NEGOTIABLE INSTRUMENTS ACT
May ] [ Time : three Hours
Maximum : 100 Marks
Turn over
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 suitagainst the surety, for the entire amount,who argued that he is liable to pay onlythe decreased amount. Whether his argumentis valid ? Analyse the issue in the lightof relevant provisions and leading cases.(OR)
(b)
X delivers a few jewellery to Y on saleor return. Without specifying any time
for its return in case of non - acceptance.Y allows the jewellery to remain withhimself without signifying his approval orrefusal. After a month, burglary takesplace in Y?s house and the jewellery isstolen. Can X sue Y for the price of thejewellery ? Decide in the light of relevantprovisions.
2.
?Delegatus non - protest delegare?. explain themaxim stating the exceptions to the rule inthe contract of agency.
3.
?Indemnity is not necessarily provided byrepayment after payment. Indemnity requiresthat the party to be indemnified shall neverbe called upon to pay? - Elucidate.
4.
?Although sharing of profits is an essentialelement of partnership, it is not the soletest?. - Examine.
5.
?A condition or warranty as to quality orfitness of the goods is implied only
so far
as a buyer does not buy on his ownjudgement?. - explain.
6.
What do you understand by presentment of anegotiable instrument ? State the cases inwhich presentment for payment is notnecessary.
7.
?The right to combine several accounts keptby a customer, is a right of the banker only,not of his customer?. Critically analyse thecorrectness of the statement.
8.
Write short notes on :(a)
Holder in due course.
(b)
Dishonour of cheques.
(c)
Protection of collecting banker.
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Earning:   Approval pending.