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Mb0051 winter 2017
1. Dear students get fully solved assignments
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PROGRAM
Master of Business Administration- MBA
SEMESTER
Semester 3
SUBJECT CODE & NAME
MB0051-Legal Aspects of Business
Qus:1 What is fiduciary relationship in a contract of guarantee? Explain the kinds of
guarantees.
Answer: A contract of guarantee is not a contract “Uberrimae fidei” (requiring utmost good
faith). Nevertheless, the suretyship relation is one of trust and confidence and the validity of
the contract depends on the good faith of the creditor. A creditor must disclose all facts
which, under the circumstances, the surety would expect not to exist. Hence, where the
guarantee is given for good
Qus:2 i) Do you think contract with a minor is valid? Narrate with the help of the facts
and judgement in the case: Mohori Bibee v. Dharmodas Ghose.
ii) Explain the rules and remedies for discharge of contract by breach
Answer: The law protects minors against their own inexperience and the possible improper
designs of those who are experienced. The Contract Act states that only a person who is a
major can enter into a contract. Section 3 of the Indian Majority Act, 1875, states that a minor
is a person who has not completed 18 years of age. An agreement with a minor is void and
cannot be ratified by him/her until he/she attains majority. However, a minor can be a
promisee or
Qus:3 i) Narrate the facts and judgement in the case Howell vs. Coupland.
ii) Who is an unpaid seller? What are the rights enjoyed by an unpaid seller under the
extant provisions of law?
2. Answer: Case study: Howell vs. Coupland
In this case, the seller agreed to sell 200 tonnes of potatoes to be grown by him, to the buyer
at £2 a ton. Though he had the resources to grow 200 tons, an attack of pestilence killed most
of the crop and he was able to deliver only 80 tons. The buyer instituted a suit against the
seller for breach of contract
Qus:4 The Banking Regulation Act, 1949, provides various methods of regulation of the
banking business. Elaborate the key areas of regulation.
Answer: Regulation of business
The Banking Regulation Act, 1949, provides various methods of regulation of the banking
business. Some of the key areas of regulation are:
Power to provide directions – Sections 21 and 35A of the Act empower the RBI to regulate
the business of banks by issuing
Qus:5 Explain the nature and scope of complaints under the Consumer Protection Act?
Answer: To provide simple, speedy and inexpensive redressal of consumer grievances, the
Act envisages three-tier quasi-judicial machinery at the district, state and national levels. At
the district level, the redressal forum is called as District Forum. The State Government may,
if it deems fit, establish more than one District Forum in a district. At the state level, there are
to be similar redressal
Qus:6 a) Differentiate between a holder and a holder in due course.
b) Explain the privileges enjoyed by a holder in due course
Answer: According to Section 9 of the Act, a ‘holder in due course’, is any person who for
consideration:
Becomes the possessor of a bearer negotiable instrument or is the payee or endorsee of an
order instrument, or
Becomes the
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