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AEREN FOUNDATION’S Maharashtra Govt. Reg. No.:F-11724
SUBJECT : Corporate Law
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COURSE: GDM 2nd Sem
Total Marks : 80
AN ISO 9001 : 2008 CERTIFIED INTERNATIONAL B-SCHOOL
Q.1 In the followingstatementsonlyone is correct statement. ExplainBriefly?
i)Aninvitationto negotiate isa good offer.
Answer : Incorrect : - Its not an offer only an indication of a willingness to consider any offers and
counteroffers.
ii)A quasi-contractisnota contract at all.
Answer : Correct : A quasi contract is a fictional contract created by courts for equila not contractual
purposes.A quasi – contract is not
Q.2.A ship-owner agreed to carry to cargo of sugar belonging to A from Constanta to Busrah. He knew
that there was a sugar market in Busrah and that A was a sugar merchant, but did not know that he
intended to sell the cargo, immediately on its arrival. Owning to Shipment’s default, the voyage was
delayed and sugar fetched a lower price than it would have done had it arrived on time. A claimed
compensation for the full loss suffered by him because of the delay. Give your decision. Explain
Briefly?
Answer : A can claim ordinary damages. Loss of profits is a special less and can be claimed only if the
other party was aware of the possibility of such a loss. In the absence of any explicit communication, we
have to inferwhatcouldhave beeninthe
Q.3.The proprietors of a medical preparation called the “Carbolic Smoke Ball” published in several
newspapers the following advertisement:-“£ 1000 reward will be paid by the Carbolic Smoke Ball Co.
to any person who contracts the increasing epidemic influenza after having used the Smoke Ball three
times daily for two weeks according to printed directions supplied with each ball. £ 1000 is deposited
with the Alliance Bank showing our sincerity in the matter. On the faith in this advertisement, the
plaintiff bought a Smoke Ball and used it as directed. She was attacked by influenza. She sued the
company for the reward. Will she succeed? ExplainBriefly
Answer: She wire not succeed. The facts show that there was no binding contract between the parties.
The case is not like, Williams v carwardine H.B Ad 621 where the money was to become payable on the
performance of certainactsby the plaintiff,here
Q.6. In each setof statements,only one is correct. State the correct statements& Explainbriefly?
A) I)Abailedhas a general lienon the goods bailed.
Answer: A bailedhasa
ii)The ownershipofgoods pawned passesto the Pawnee.
Answer: The ownershipof good pawns
iii)Agratuitous bailmentcan be terminatedby the bailereven before the stated time.
Answer : A gratuitousbailmentcanbe
B)I)Asubstitutedagent is as good an agent ofthe agent as a sub-agent.
Answer : A substituted agent is as good an agent of the agent as a sub agentis incorrect statement. The
general rule is that an agent can’t delegable his authority and appoint another agent. An agent being
delegatescannottransferin
ii) An ostensible agencyis as effective asan expressagency.
Answer : An ostensible agency is an effective as an ostensible authority exist where the principles words
or conduct would lead a reasonable person in a 3rd party’s position to believe that the agent was
authorized to act, even if the principles and the purported agent had never discussed such relationship
for example,where one personappointsa
iii)Aprincipal can always revoke an agent’s authority.
Answer : A principal can always revoke an agents authority is incorrect statement. However, principal
cannot revoke agencycoupledwith
Q .8. X needs Rs. 10,000 but cannot raise this amount because his credit is not good enough. Y whose
credit is good accommodates. X by giving him a promote made out in favor of X, though Y owes no
money to X. X endorses the promoter to Z for value received. Z who is holder in due course the
promoter to Z for value received. Z who is holder in due course demands payment from Y. Can refuse
and plead the arrangement betweenhimand X Explainbriefly?
Answer : According to sec 120 of the negotiable instrument act, e stoppers against denying original
validityof instrument,Nomakerof a
Q.10. A promissory note was made without mentioning any time for payment. The holder added
the words’ on demand on the face of the instrument. State whether it amounted to material
alteration and explainthe effectof such alteration. Explain briefly?
Ans :This is not note material alteration as a promissory note where no data of payment is specified
will be treated as payable on demand. Hence adding the word “ on demand “ does not alter the business
effectof the instrument.
Q.11. State whetherthe followinginstrumentsare valid promissorynotes:
I)I promise to pay Rs. 5000 to B on the dearth of ‘B’s uncle provided that D in his will gives me a legacy
sufficientforthe promise of paymentof the said sum.
ii)I hereby acknowledge that I owe X Rs. 5,000 on account of rent due and I agree that the said sum
will be paid be me in regular installments. I acknowledge myself indebted to B in Rs. 5000 to be paid
on demand for value received.
Answer :
 It is not a promissory note because it does not contain an unconditional promise; the amount
beingpayable onlyif uncle givessufficientlegacy.
 Againit’snot a valid

 Q.12. A Payee holder of a bill of exchange. He endorses it in blank and delivers it to B. B
endorses in full to C or order. C without endorsement transfers the bill to D. State giving
reasons whether D as bearer of the bill of exchange is entitled to recover the payment from A
or B or C. Explainbriefly?
Ans : D is the bearer and the holder of the bill in case of dishonor of the bill, D is entitled to receive
payment or recover the money by suit from the drawer, acceptor and A who have endorsed the bill in
blank.ButD canonsue B or C as sec55.
Q.13. Write a short note on the Doctrine of Indoor Management?Explainbriefly?
Answer : Memorandum of association and articles of association are two most important document
needed for the incorporation of a company. The memorandum of a company is the constitution of that
company. It sets out the (A) Object (B) Name Clause (C) Registered office clauses (D) Liability Clauses
(E) Capital Clauseswhereasthe
Q.14. The shareholders at an annual general meeting passed a resolution for the payment of dividend
at a rate higher than that recommended by the Board of Directors. Examine the validity of the
resolution.Explainbriefly?
Answer: Dividend : According to regulation 85 of Table A of the companies Act 1956, a company in
general meeting may declare dividend recommended by the board of the director of the company. The
share holders at an annual general meeting may reduce the amount of dividend , recommended by the
board of directionof the of the
Q.18. A insured his house against fire. Later while insure, A killed his wife, severely injured his only
son, set fire to the house and died in the fire. The son survived and sued the insurer for the fire loss,
advice the insurer. Explainbriefly?
Answer :Because the fire was set deliberately they would not cover the cost. It was not accidental and
as the son did notinsure himself,if the insurance company will not pay out and I believe they would not
because itwasnot a tenant,therefore,
Q.21 Vanish booked his goods with Superfast Freight Carriers at Delhi for being carried to Firozabad.
The goods receipt note mentioned that all the disputes would be subject to jurisdiction of the
Mumbai Court. Vanish lodged a complaint for certain deficiency in service against the transporter in
the District Forum at Delhi. Superfast Carriers contested that District Forum at Delhi had no
jurisdiction to entertain the complaint as the head office of the transporter was at Mumbai and the
jurisdiction has been clearly stated in the goods receipt not. Is the content nation of the transporter
tenable?Explainbriefly?
Answer : The contention of the transporter is not tenable. This is based on the facts in the pares vs.
Rosh an freight carrier case, where in the national commission has ruled that the parties could not
confer jurisdiction on a Court which had no jurisdiction. The agreement signed between the parties
conferring exclusion jurisdiction on a particular court was of no avail. In the case at hand, Vanish had
booked his goods with superfast freight carriers in Delhi for being carried to Firozabad. As per sec 11 (2)
©, a complain shall be instituted within the local limits of whose jurisdiction the cause of action arises,
whollyorinpart. In case of deficiencyinservice, Vanishiscompetenttolodge acomplaintinDelhi.
Q.22. With reference to the provisions of the Consumer Protection Act, 1986, decide the
followinggivingreasonsin support of your answer.
I)Such Duke Ltd. dispatched certain consignments of goods by road through Fastrack Roadways Ltd.
The goods were unloaded and stored in a go down enrooted on the suggestion of consignee. A fire
broke out in the neighboring go down spread to the go down and goods were destroyed. The Fastrack
Roadways Ltd. claimed that there was neither negligence nor deficiency in service on their part and
goods were being carried at “Owner risk” and since no special premium was paid, they were not
responsible for the loss caused by fire. Whether Fastrack Roadways Ltd. is liable to pay damages to
consignor?
ii)Life Insurance Corporation (LIC) formulated a scheme called ‘salary saving scheme’ under which
employees of an organisation could buy an insurance policy. Premium due on each policy was
collected by the employer from the salary of the employees nor did it issue any premium notice.
When the widow of the deceased employee made a claim to LIC on the death of her husband, the LIC
repudiated the claim on the ground that four installments of premium had not been paid. The widow
was approached the consumerforum for redressed.Is the LIC liable fordeficiencyinservice?Explain?
iii). Raman booked a ticket from Delhi to New York by Lufthansa Airlines. The airport authorities
in New Delhi did not find any fault in his visa and other documents. However, at Frankfurt airport
authorities instituted proceedings of verification because of which Raman missed his flight to New
York. After necessary verification, Raman was able to reach New York by the next flight. The airline
authorities’ tendered apology to Raman for the inconvenience caused to him and also paid as
goodwill gesture a sum of Rs. 5,000. Raman intends to institute proceedings under the Consumer
ProtectionAct, 1986 against Lufthansa Airlinesfordeficiencyinservice. Will he succeed?
Answer : I) The present problem is based on math bros exist international ltd. V best roadways ltd
2000 (2) scale 5ft, where the national commission dismissed the claim. The supreme court allowed the
appeal and held that the liability of the carrier is that of an insurer and is absolute in terms in the sense
that the carrier has to deliver the good, at destination indicated by the consignor safe, without causing
any damage andwithoutanylossto theme.
Q.23.With reference to the provisions of the Consumer Protection Act, 1986, decide t
he followinggivingreasonsin support ofyour answer.
I)Son sent all relevant documents in an envelope regarding consignment of goods to a buyer in the
USA through Fast Service Couriers. The documents did not reach the buyer as a consequence of which
the buyer could not take delivery of the goods. By the time the duplicate copies of the document had
been received by the buyer, the season of the goods was over. He claimed that he had suffered a loss
of US $ 5,000 as a result of the negligence of the courier. The State Commission ordered the payment
to be made by the Fast Service Couriers, but the National Commission in appeal reversed the order
and ordered payment of US $ 100 only as per the receipt issued by the Fast Service Courier to the
consignor at the time of the dispatch ofthe latter. Advise Shan.
ii)Mahesh purchased a machine from Astute Ltd. to operate it himself for earning his liver hood. He
took the assistance of a person to assist him in operating the machine. The machine developed fault
during the warranty period. He filed a claim in the consumer forum against the company for
deficiency in service. Astute Ltd. alleged that Mahesh did not operate the machine himself but had
appointeda personexclusivelytooperate the machine. Will Maheshsucceed?
iii)Pilli purchased a car by taking a loan from Kerala cooperative Bank Ltd. and gave post-dated
cheques to the bank not only in respect of repayment of loan installments but also of premium of
insurance policy for two succeeding years. On the expiry of the policy. Pilli’s car met with an accident.
Will Pilli succeedingettinga claimagainst the Bank?
Answer: Shan sent all relevant documents in an envelope regarding consignment of goods to a trey in
the U.S through fast service couriers. The documents did not reach the trey as a consequence of which
the buyercouldnot deliveryof the
Dear students get fully solved assignments
Send your semester & Specialization name to our mail id :
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SOLVED

  • 1. AEREN FOUNDATION’S Maharashtra Govt. Reg. No.:F-11724 SUBJECT : Corporate Law Dear students get fully solved assignments Send your semester & Specialization name to our mail id : “ help.mbaassignments@gmail.com ” or Call us at : 08263069601 (Prefer mailing. Call in emergency ) COURSE: GDM 2nd Sem Total Marks : 80 AN ISO 9001 : 2008 CERTIFIED INTERNATIONAL B-SCHOOL
  • 2. Q.1 In the followingstatementsonlyone is correct statement. ExplainBriefly? i)Aninvitationto negotiate isa good offer. Answer : Incorrect : - Its not an offer only an indication of a willingness to consider any offers and counteroffers. ii)A quasi-contractisnota contract at all. Answer : Correct : A quasi contract is a fictional contract created by courts for equila not contractual purposes.A quasi – contract is not Q.2.A ship-owner agreed to carry to cargo of sugar belonging to A from Constanta to Busrah. He knew that there was a sugar market in Busrah and that A was a sugar merchant, but did not know that he intended to sell the cargo, immediately on its arrival. Owning to Shipment’s default, the voyage was delayed and sugar fetched a lower price than it would have done had it arrived on time. A claimed compensation for the full loss suffered by him because of the delay. Give your decision. Explain Briefly? Answer : A can claim ordinary damages. Loss of profits is a special less and can be claimed only if the other party was aware of the possibility of such a loss. In the absence of any explicit communication, we have to inferwhatcouldhave beeninthe Q.3.The proprietors of a medical preparation called the “Carbolic Smoke Ball” published in several newspapers the following advertisement:-“£ 1000 reward will be paid by the Carbolic Smoke Ball Co. to any person who contracts the increasing epidemic influenza after having used the Smoke Ball three times daily for two weeks according to printed directions supplied with each ball. £ 1000 is deposited with the Alliance Bank showing our sincerity in the matter. On the faith in this advertisement, the plaintiff bought a Smoke Ball and used it as directed. She was attacked by influenza. She sued the company for the reward. Will she succeed? ExplainBriefly Answer: She wire not succeed. The facts show that there was no binding contract between the parties. The case is not like, Williams v carwardine H.B Ad 621 where the money was to become payable on the performance of certainactsby the plaintiff,here Q.6. In each setof statements,only one is correct. State the correct statements& Explainbriefly? A) I)Abailedhas a general lienon the goods bailed. Answer: A bailedhasa ii)The ownershipofgoods pawned passesto the Pawnee. Answer: The ownershipof good pawns iii)Agratuitous bailmentcan be terminatedby the bailereven before the stated time.
  • 3. Answer : A gratuitousbailmentcanbe B)I)Asubstitutedagent is as good an agent ofthe agent as a sub-agent. Answer : A substituted agent is as good an agent of the agent as a sub agentis incorrect statement. The general rule is that an agent can’t delegable his authority and appoint another agent. An agent being delegatescannottransferin ii) An ostensible agencyis as effective asan expressagency. Answer : An ostensible agency is an effective as an ostensible authority exist where the principles words or conduct would lead a reasonable person in a 3rd party’s position to believe that the agent was authorized to act, even if the principles and the purported agent had never discussed such relationship for example,where one personappointsa iii)Aprincipal can always revoke an agent’s authority. Answer : A principal can always revoke an agents authority is incorrect statement. However, principal cannot revoke agencycoupledwith Q .8. X needs Rs. 10,000 but cannot raise this amount because his credit is not good enough. Y whose credit is good accommodates. X by giving him a promote made out in favor of X, though Y owes no money to X. X endorses the promoter to Z for value received. Z who is holder in due course the promoter to Z for value received. Z who is holder in due course demands payment from Y. Can refuse and plead the arrangement betweenhimand X Explainbriefly? Answer : According to sec 120 of the negotiable instrument act, e stoppers against denying original validityof instrument,Nomakerof a Q.10. A promissory note was made without mentioning any time for payment. The holder added the words’ on demand on the face of the instrument. State whether it amounted to material alteration and explainthe effectof such alteration. Explain briefly? Ans :This is not note material alteration as a promissory note where no data of payment is specified will be treated as payable on demand. Hence adding the word “ on demand “ does not alter the business effectof the instrument. Q.11. State whetherthe followinginstrumentsare valid promissorynotes: I)I promise to pay Rs. 5000 to B on the dearth of ‘B’s uncle provided that D in his will gives me a legacy sufficientforthe promise of paymentof the said sum. ii)I hereby acknowledge that I owe X Rs. 5,000 on account of rent due and I agree that the said sum will be paid be me in regular installments. I acknowledge myself indebted to B in Rs. 5000 to be paid on demand for value received. Answer :  It is not a promissory note because it does not contain an unconditional promise; the amount beingpayable onlyif uncle givessufficientlegacy.  Againit’snot a valid
  • 4.   Q.12. A Payee holder of a bill of exchange. He endorses it in blank and delivers it to B. B endorses in full to C or order. C without endorsement transfers the bill to D. State giving reasons whether D as bearer of the bill of exchange is entitled to recover the payment from A or B or C. Explainbriefly? Ans : D is the bearer and the holder of the bill in case of dishonor of the bill, D is entitled to receive payment or recover the money by suit from the drawer, acceptor and A who have endorsed the bill in blank.ButD canonsue B or C as sec55. Q.13. Write a short note on the Doctrine of Indoor Management?Explainbriefly? Answer : Memorandum of association and articles of association are two most important document needed for the incorporation of a company. The memorandum of a company is the constitution of that company. It sets out the (A) Object (B) Name Clause (C) Registered office clauses (D) Liability Clauses (E) Capital Clauseswhereasthe Q.14. The shareholders at an annual general meeting passed a resolution for the payment of dividend at a rate higher than that recommended by the Board of Directors. Examine the validity of the resolution.Explainbriefly? Answer: Dividend : According to regulation 85 of Table A of the companies Act 1956, a company in general meeting may declare dividend recommended by the board of the director of the company. The share holders at an annual general meeting may reduce the amount of dividend , recommended by the board of directionof the of the Q.18. A insured his house against fire. Later while insure, A killed his wife, severely injured his only son, set fire to the house and died in the fire. The son survived and sued the insurer for the fire loss, advice the insurer. Explainbriefly? Answer :Because the fire was set deliberately they would not cover the cost. It was not accidental and as the son did notinsure himself,if the insurance company will not pay out and I believe they would not because itwasnot a tenant,therefore, Q.21 Vanish booked his goods with Superfast Freight Carriers at Delhi for being carried to Firozabad. The goods receipt note mentioned that all the disputes would be subject to jurisdiction of the Mumbai Court. Vanish lodged a complaint for certain deficiency in service against the transporter in the District Forum at Delhi. Superfast Carriers contested that District Forum at Delhi had no jurisdiction to entertain the complaint as the head office of the transporter was at Mumbai and the jurisdiction has been clearly stated in the goods receipt not. Is the content nation of the transporter tenable?Explainbriefly? Answer : The contention of the transporter is not tenable. This is based on the facts in the pares vs. Rosh an freight carrier case, where in the national commission has ruled that the parties could not confer jurisdiction on a Court which had no jurisdiction. The agreement signed between the parties
  • 5. conferring exclusion jurisdiction on a particular court was of no avail. In the case at hand, Vanish had booked his goods with superfast freight carriers in Delhi for being carried to Firozabad. As per sec 11 (2) ©, a complain shall be instituted within the local limits of whose jurisdiction the cause of action arises, whollyorinpart. In case of deficiencyinservice, Vanishiscompetenttolodge acomplaintinDelhi. Q.22. With reference to the provisions of the Consumer Protection Act, 1986, decide the followinggivingreasonsin support of your answer. I)Such Duke Ltd. dispatched certain consignments of goods by road through Fastrack Roadways Ltd. The goods were unloaded and stored in a go down enrooted on the suggestion of consignee. A fire broke out in the neighboring go down spread to the go down and goods were destroyed. The Fastrack Roadways Ltd. claimed that there was neither negligence nor deficiency in service on their part and goods were being carried at “Owner risk” and since no special premium was paid, they were not responsible for the loss caused by fire. Whether Fastrack Roadways Ltd. is liable to pay damages to consignor? ii)Life Insurance Corporation (LIC) formulated a scheme called ‘salary saving scheme’ under which employees of an organisation could buy an insurance policy. Premium due on each policy was collected by the employer from the salary of the employees nor did it issue any premium notice. When the widow of the deceased employee made a claim to LIC on the death of her husband, the LIC repudiated the claim on the ground that four installments of premium had not been paid. The widow was approached the consumerforum for redressed.Is the LIC liable fordeficiencyinservice?Explain? iii). Raman booked a ticket from Delhi to New York by Lufthansa Airlines. The airport authorities in New Delhi did not find any fault in his visa and other documents. However, at Frankfurt airport authorities instituted proceedings of verification because of which Raman missed his flight to New York. After necessary verification, Raman was able to reach New York by the next flight. The airline authorities’ tendered apology to Raman for the inconvenience caused to him and also paid as goodwill gesture a sum of Rs. 5,000. Raman intends to institute proceedings under the Consumer ProtectionAct, 1986 against Lufthansa Airlinesfordeficiencyinservice. Will he succeed? Answer : I) The present problem is based on math bros exist international ltd. V best roadways ltd 2000 (2) scale 5ft, where the national commission dismissed the claim. The supreme court allowed the appeal and held that the liability of the carrier is that of an insurer and is absolute in terms in the sense that the carrier has to deliver the good, at destination indicated by the consignor safe, without causing any damage andwithoutanylossto theme. Q.23.With reference to the provisions of the Consumer Protection Act, 1986, decide t he followinggivingreasonsin support ofyour answer. I)Son sent all relevant documents in an envelope regarding consignment of goods to a buyer in the USA through Fast Service Couriers. The documents did not reach the buyer as a consequence of which the buyer could not take delivery of the goods. By the time the duplicate copies of the document had been received by the buyer, the season of the goods was over. He claimed that he had suffered a loss
  • 6. of US $ 5,000 as a result of the negligence of the courier. The State Commission ordered the payment to be made by the Fast Service Couriers, but the National Commission in appeal reversed the order and ordered payment of US $ 100 only as per the receipt issued by the Fast Service Courier to the consignor at the time of the dispatch ofthe latter. Advise Shan. ii)Mahesh purchased a machine from Astute Ltd. to operate it himself for earning his liver hood. He took the assistance of a person to assist him in operating the machine. The machine developed fault during the warranty period. He filed a claim in the consumer forum against the company for deficiency in service. Astute Ltd. alleged that Mahesh did not operate the machine himself but had appointeda personexclusivelytooperate the machine. Will Maheshsucceed? iii)Pilli purchased a car by taking a loan from Kerala cooperative Bank Ltd. and gave post-dated cheques to the bank not only in respect of repayment of loan installments but also of premium of insurance policy for two succeeding years. On the expiry of the policy. Pilli’s car met with an accident. Will Pilli succeedingettinga claimagainst the Bank? Answer: Shan sent all relevant documents in an envelope regarding consignment of goods to a trey in the U.S through fast service couriers. The documents did not reach the trey as a consequence of which the buyercouldnot deliveryof the Dear students get fully solved assignments Send your semester & Specialization name to our mail id : “ help.mbaassignments@gmail.com ” or Call us at : 08263069601 (Prefer mailing. Call in emergency )