Annamalai University 2007 LL.M Constitutional & Administrative Law SPECIAL CONTRACTS INCLUDING - Question Paper

Maximum : 100 Marks
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 presentment 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.