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essentials business law
Business Law 2nd Edition Tejpal Sheth - Solutions
Which of the following statements is not true?(i) An agent is not personally liable for the acts done by him within the scope of his authority.(ii) Principal is liable for wrongful acts of his agent, done within the scope of his authority.(iii) Both of above.(iv) None of the above.
Which of the following agents cannot exercise a right of general lien?(i) A factor. (iii) An auctioneer.(ii) A banker. (iv) All of these.
A mercantile agent to whom the possession of the goods is given for the purpose of selling the same is known as a/an(i) broker. (iii) commission agent.(ii) factor. (iv) insurance agent.
The wife is considered to be an implied agent of the husband for the purpose of buying household necessaries on credit.(i) True(ii) False
A single agent can be appointed by more than one person by a power of attorney signed jointly by all the principals.(i) True(ii) False
Which of the following is not an essential element of a valid agency?(i) Agent must act in representative capacity.(ii) There must be express or implied agreement.(iii) Both of above.(iv) None of the above.
Which of the following is not an essential element of a valid agency?(i) Principal must be competent to contract.(ii) Agent must be competent to contract.(iii) Both of above.(iv) None of the above.
A person who appoints another person to do work on his behalf is known as a/an(i) principal.(ii) agent.(iii) independent contractor.(iv) servant.
A person appointed to contract on behalf of another person is known as a/an(i) principal. (iii) independent contractor.(ii) agent. (iv) servant.
Write a short note on an irrevocable agency.
Describe the various modes by which the authority of an agent may be terminated?
When will an agent be personally liable?
Write a short note on an undisclosed principal.
What will be the position of the principal where the agent contracts for the unnamed principal?
What will be the position of the principal where the agent contracts for the named principal? (Ref. Para-11.18)
Discuss the provisions in respect of remuneration of the agent. (Ref. Para-11.16)
What are the rights of an agent? (Ref. Para-11.16)
State the duties of an agent to his principal. (Ref. Para-11.15)
Distinguish between a sub-agent and a substituted agent. (Ref. Para-11.14)
Write a short note on a substituted agent. (Ref. Para-11.13)
An agent cannot appoint a sub-agent. Comment. (Ref. Para-11.12)
Write a short note on a sub-agent.
Discuss the nature and extent of the authority of an agent. (Ref. Para-11.10)
Distinguish between an agent and a servant. (Ref. Para-11.4)
‘Delegatus non-protest delegare’. Explain the Latin maxim. (Ref. Para-11.10)
Comment. He, who acts through an agent is himself acting. (Ref. Para-11.10)
The wife is always assumed to be an agent of her husband.Is it a correct statement? (Ref. Para-11.9)
The ratification of agency is valid even if the knowledge of the principal is materially defective. Comment. (Ref. Para-11.8)
What do you understand by the agency by ratification? What is the effect of ratification? (Ref. Para-11.7,11.8)
Write a short note on the agency by ratification. (Ref. Para-11.7)
Write a short note on the doctrine of ‘holding out’. (Ref. Para-11.7)
Explain the various modes of creation of agency. (Ref. Para-11.7)
Write a short note on different kinds of agents. (Ref. Para-11.6)
Distinguish between a special agent and a general agent. (Ref. Para-11.6)
Distinguish between an agent and an independent contract. (Ref. Para-11.5)
What is the real test of an agency? (Ref. Para-11.3)
Consideration is not required for creating a contract of agency. Comment. (Ref. Para-11.2)
What are the essentials of a valid contract of an agency? (Ref. Para-11.2)
Every person has the right to employ an agent lawfully. Comment. (Ref. Para-11.1)
Out of following, which is/are rights of a bailee?(i) To indemnity.(ii) To claim necessary expenses.(iii) To delivery of goods to any one of the joint bailor of the goods.(iv) All of the above.
Out of following, which is/are duty of a bailee?(i) To take care.(ii) To take a reasonable care.(iii) To sell the goods.(iv) To retain the goods.
Out of following which statement is/are correct?(i) Bailee has the right of specific lien.(ii) Pledge is a type of bailment.(iii) Both (i) and (ii).(iv) None of the above.
Out of following, which statement is/are correct?(i) Bailment may arise without a contract also.(ii) Bailment must be for mutual benefits of both the parties.(iii) Both (i) and (ii).(iv) None of the above.
The bailor is responsible for the loss caused to the bailee on account of defects in the goods bailed but unknown to him in the case of a(i) gratuitous bailment.(ii) non-gratuitous bailment.(iii) bailment for mutual benefit.
Any increase of profit from the goods bailed belongs to(i) bailor. (ii) bailee. (iii) both.
Whether depositing of ornaments in a bank locker is a bailment?(i) Yes (iii) Yes—as it is in possession of bank(ii) No (iv) No—as it is in possession of owner
Is the deposit of money in a bank is a bailment?(i) Yes (ii) No (iii) May be
In a bailment the bailee ______________________for the non-payment of dues.(i) cannot sell the goods (iii) sue for non-payment(ii) retains the goods (iv) all of the above
Under the pledge the person who pledges is known as a pledgor and the bailee is known as a ………..(i) bailor. (iii) pledgee.(ii) bailee. (iv) pledgor.
Under the pledge the person who pledges is known as a………(i) bailor. (iii) pledgee.(ii) bailee. (iv) pledgor.
‘A’ lets on hire his horse to ‘B’ for his own riding. ‘B’ uses the horse for driving his carriage. Here, which of the following is most appropriate?(i) A should terminate the bailment.(ii) A may terminate the bailment.(iii) A will not allow any other goods for use to B.(iv) Both (i) and
Out of following which is/are not an example of a bailment?(i) Immovable goods (iii) Movable goods(ii) Money (iv) Both (i) and (ii)
‘X’ delivers his car to ‘Y’ for repair. Here Y is a(i) bailor. (iii) pledgee.(ii) bailee. (iv) pawnor.
‘X’ delivers his car to ‘Y’ for repair. Here X is a(i) bailor. (iii) pledgee.(ii) bailee. (iv) pawnor.
‘X’ delivers his car to ‘Y’ for repair. It is the case of a ________(i) sale. (iii) pledge.(ii) bailment. (iv) mortgage.
In case of a default made by the pawnor in repaying the loan, the pawnee may sell the goods after giving a notice of such sale.(i) True, as it is pawnee’s right.(ii) False, as pawnee can only exercise lien.
The delivery of goods by one person to another as a security for the repayment of a debt is known as a(i) bailment. (iii) pledge.(ii) hypothecation. (iv) mortgage.
Which of the following statements is true?(i) The lien can be exercised for the realization of time-barred debt.(ii) The lien also gives a right to sell the goods for the recovery of lawful charges.(iii) The bank cannot exercise lien on the goods belonging to the firm, against the partner’s
Which of the following persons does not have a right of general lien?(i) Bankers. (iii) Finder of goods.(ii) Wharfingers. (iv) Factors and policy brokers.
In which of the following ways, the bailment is not terminated?(i) Expiry of a specified period. (iii) Bailor’s insolvency.(ii) Fulfillment of an object. (iv) Death of a bailor or a bailee.
A lent his car to his friend B for two days without any charges. It is a(i) non-gratuitous bailment. (iii) hypothecation.(ii) gratuitous bailment. (iv) beneficial bailment.
The bailment of goods can be made by its owner of(i) movable goods only. (iii) both of these.(ii) immovable goods only. (iv) none of these.
The delivery of goods by one person to another for some specific purpose is known as a(i) bailment. (iii) hypothecation.(ii) pledge. (iv) mortgage.
The transfer of the ownership of goods by one person to another for some specific purpose is known as a(i) bailment. (iii) hypothecation.(ii) pledge. (iv) none of these.
Distinguish between a bailment and a pledge.
When the non-owner can create a pledge? (Ref. Para-10.15)
What are the rights of the pawnor under pledge? (Ref. Para-10.14)
What are the rights of the pawnee under pledge? (Ref. Para-10.13)
What are the duties of the finder of goods? (Ref. Para-10.11)
The position of a finder of goods is exactly that of a bailee. Comment.
Distinguish between a general lien and a particular lien.
Write a short note on a particular lien.
What is a lien? Explain a general lien.
When will a bailment be terminated?
What are the rights of a bailor.
Discuss the right and duties of the bailor.
Explain the rights and duties of the bailee.
Write a short note on the bailor’s liability in case of defect in goods.
What is the liability of a bailor in case of defect in goods?
What are the provisions under the Contract Act, 1872, when the bailee mixes the goods bailed to him with his own goods?
What are the legal provisions when the bailee mixes the goods bailed to him with his own goods?
How can a bailment contract be classified?
A bailment of goods without any charges to be paid to the bailee is invalid.Comment.
A bailment is the delivery of goods by one person to another for some purpose.Comment.
A bailment can be made of both movable and immovable goods. Comment.
In a bailment there is a transfer of possessory right forever. Comment.
What is a bailment? What are the essentials of a valid bailment?
Define a bailment.
A surety is discharged from the liability(i) by giving more time to the principal debtor.(ii) by impairing the surety’s remedy.(iii) all of the above.(iv) none of the above.
A surety is discharge from the liability(i) on the death of the surety. (iii) on composition with the principal debtor.(ii) on the notice of revocation by the surety. (iv) all of the above.
The rights of surety may be discussed under the(i) rights against the principal debtor. (iii) rights against the co-sureties.(ii) rights against the creditor. (iv) all of the above.
The guarantee given for a person incompetent to enter into a contract is not enforceable?(i) True(ii) False
The death of the surety brings an end to a continuing guarantee.(i) True(ii) False
The discharge of the principal debtor will discharge the surety also.(i) True(ii) False
The liability of the indemnifier is the primary liability.(i) True(ii) False
A contract of insurance is also a contract of indemnity.(i) True(ii) False
Two parties, namely the ‘indemnifier’ and the ‘indemnity-holder’, are involved in a contract of indemnity. And the parties in a contract of guarantee are(i) three, the creditor, the principal debtor and the surety.(ii) two, the creditor and the principal debtor, as surety is simply a
A surety is discharged from the liability by(i) revocation notice by surety.(ii) material alteration in terms.(iii) discharge of principal by the creditor.(iv) all of the above.
On default of the principal debtor, the creditor cannot proceed against the surety, until he exhausts all the remedies against the principal debtor.(i) True(ii) False
The liability of a surety arises when(i) the principal debtor commits a default in payment.(ii) the creditor fails to recovery anything from the principal debtor.(iii) the surety is reimbursed by the principal debtor.(iv) the court directs him to pay.
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