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1. Dear students get fully solved assignments
Send your semester & Specialization name to our mail id :
help.mbaassignments@gmail.com
or
call us at : 08263069601
NMIMS Global Access
School for Continuing Education (NGA-SCE)
Course: Business Law
Internal Assignment Applicable for December 2015 Examination
Assignment Marks: 30
Q.1 ExplainBailmentby quotingan appropriate example and discussthe Essentials/Featuresof
Bailmentvis-à-visthe quoted example?
Answer 1 –
A contract is a written or expressed agreement between two parties to provide a product or service.
There are essentially six elements of a contract that make it a legal and binding document
On analyzing the above definition, we find the following characteristics of bailment:
2. 1. There should be a contract:
A bailment is based on a contract, i.e., it is created by a contract. The contract of bailment may be
expressorimplied.Insome casese.g., in case of finder of goods, a contract of bailment can be implied
by law.
Q.2. ‘X’ had visited a leading E-Commerce Website to purchase a Mobile Smartphone for Rs.35, 000/-.
The steps of the transaction were as follows:
i. X visits the E-Commerce Website (“Website”) and searches for a Mobile Smartphone listed on the
Website;
ii. X selects the desired Mobile Smartphone and checks the price, which displays at Rs.35, 000/-. The
price is an all inclusive price and includes taxes and other charges.
iii. X then adds the selected product to the E-shopping Cart and fills in the relevant details for
registration and purchase. Thereafter, ‘X’ proceeds to do the payment for the selected Mobile
Smartphone;
iv. On completingthe paymentformalities,the Website displayed the message “Product Unavailable
at the selected Price”. The Price for the Mobile Smartphone had increased. The Amount for the
Mobile Smartphone was not deducted from the account of ‘X’.
a) Is the Contract between‘X’and the Website initiated?Can‘X’sue the E-Commerce Website for not
making available the Mobile Smartphone at the price selected by ‘X’. If yes, give reasons? If no, give
reasons?
Answer:A contract is a writtenorexpressedagreementbetweentwopartiestoprovide aproductor
service.There are essentiallysix elementsof acontract that make ita legal and bindingdocument.
In order for a contract to be enforceable, it must contain:
1. An offer that specifically details exactly what will be provided
2. Acceptance, which is the agreement by the other party to the offer presented
3. Consideration, money or
3. b) Assuming if the amount of Rs.35, 000/- was deducted from the account of ‘X’ and the amount was
received by the Website. Is the Contract between ‘X’ and the Website initiated? Can ‘X’ sue the
Website for not making available the Mobile Smartphone at the price selected by ‘X’ even after
deducting the amount?
Answer:If the amountof Rs35000 has beenpaidbyX and receivedbythe website thenthere isavalid
contract initiatedbetweenboththe parties.
Yes,X can sue the anotherparty for not making available the delivery of smartphone even at the price
selected by the X even after making of payment by X . In this case there was an offer and acceptance
and is legally enforceable .
A party to a contract is one who holds the obligations and receives the benefits of a legally binding
agreement. When two parties enter into an agreement, there are two distinct roles each play: the
promisor and the promisee. The promisor is the party that
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