State with reason(s) whether the following agreements are valid or void: (i) A clause in a...
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State with reason(s) whether the following agreements are valid or void: (i) A clause in a contract provided that no action should be brought upon in case of breach. (ii) Where two courts have jurisdiction to try a suit, an agreement between the parties that the suit should be filed in one of those courts alone and not in the other. (iii) X offers to sell his Maruti car to Y. Y believes that X has only Wagon R Car but agrees to buy it. (iv) X, a physician and surgeon, employs Y as an assistant on a salary of 75,000 per month for a term of two years and Y agrees not to practice as a surgeon and physician during these two years. (b) Y incorporated a "One Person Company (OPC)" making his sister Z as nominee. Z is leaving India permanently due to her marriage abroad. Due to this fact, she is withdrawing her consent of nomination in the said OPC. Taking into considerations the provisions of the Companies Act, 2013 answer the questions given below: (i) Is it mandatory for Z to withdraw her nomination in the said OPC, if she is leaving India permanently? (ii) Can Z continue her nomination in the said OPC, if she maintained the status of Resident of India after her marriage? (c) "Risk Prima Facie passes with property." Elaborate in the context of the Sales of Goods Act, 1930. State with reason(s) whether the following agreements are valid or void: (i) A clause in a contract provided that no action should be brought upon in case of breach. (ii) Where two courts have jurisdiction to try a suit, an agreement between the parties that the suit should be filed in one of those courts alone and not in the other. (iii) X offers to sell his Maruti car to Y. Y believes that X has only Wagon R Car but agrees to buy it. (iv) X, a physician and surgeon, employs Y as an assistant on a salary of 75,000 per month for a term of two years and Y agrees not to practice as a surgeon and physician during these two years. (b) Y incorporated a "One Person Company (OPC)" making his sister Z as nominee. Z is leaving India permanently due to her marriage abroad. Due to this fact, she is withdrawing her consent of nomination in the said OPC. Taking into considerations the provisions of the Companies Act, 2013 answer the questions given below: (i) Is it mandatory for Z to withdraw her nomination in the said OPC, if she is leaving India permanently? (ii) Can Z continue her nomination in the said OPC, if she maintained the status of Resident of India after her marriage? (c) "Risk Prima Facie passes with property." Elaborate in the context of the Sales of Goods Act, 1930.
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Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
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