Wednesday 2 March 2016

mb0051 smu mba winter 2015 (april/may 2016 exam) IIIrd sem assignment

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DRIVE WINTER - 2015
PROGRAM - MBADS/ MBAFLEX/ MBAHCSN3/ MBA – SEM 3
SUBJECT CODE & NAME - MB 0051 LEGAL ASPECTS OF BUSINESS
BK ID - B1725
CREDIT - 4
MARKS – 60

Q1. Narrate the exceptions to the rule “No consideration no contract” How is a contract discharged ? 5, 5
Ans: Consideration: Sections 2 (d), 23-25 and 185 of the Indian Contracts Act deal with consideration. One of the essential elements of a valid contract is that it must be supported by consideration. In simple terms, consideration is what a promisor demands as the price for his/her promise. The term consideration is used in the sense of quid pro quo, i.e., something in return. The consideration need not be in terms of money; it may even be some


Q2. Narrate the rights and liabilities of a surety in a contract of guarantee. 10
Ans: Surety in a contract of guarantee: We have studied about creditor and the rights and obligations of a creditor in the previous section. Let us discuss surety in this section. Rights of surety may be classified under three heads:

Ø  Rights against the creditor
Ø  Rights against the principal debtor
Ø  Rights against co-sureties

Rights against the creditor: In case of fidelity guarantee, the surety can direct a creditor to dismiss the employee whose honesty he/she has guaranteed, in the event of proven dishonesty of the employee. The creditor’s failure to do so will


Q3. When and how is a partnership and firm get dissolved ? (Dissolution of partnership and firm) 10
Ans: Dissolution: we discussed about changes in a firm. we will study about dissolution of firms and partnerships.

Dissolution of firms and partnerships: Section 39 provides that the dissolution of partnership between all the partners of a firm is called the “dissolution of the firm”. It follows that if the dissolution of partnership is not between all the partners, it would not amount to “dissolution of firm”, but it would nevertheless be “dissolution of partnership”. Thus, dissolution of firm always implies dissolution of partnership,

Q4. Narrate the Latin maxim “Nemo dat quod non habet” and its exceptions in sale of Goods Act 1930. A sells certain goods to B and promises to deliver the goods on the next day. But before delivery A sells and delivers the goods to C who buys those in good faith and without knowledge of the prior sale to B. Explain B’s remedy in such circumstances. A, B and C are three brothers who owned a 3-story building, each of them agreed to share a floor. The building was constructed by the supervision of A, who had a general power of attorney given by B and C. A, B and C contributed equally to the construction of the property. C was staying abroad and was supposed to occupy his flat at a later date. Meanwhile A sells
C’s flat to X by virtue of the general power of attorney. Give your comments. 5, 2, 3
Ans:
Nemo dat quod non habet, literally meaning “no one gives what he doesn’t have” is a legal rule, sometimes called the nemo dat rule, which states that the purchase of a possession from someone who has no

Q5. Section 16 of the Companies Act, 2013 provides the rules for alteration of Memorandum of Association. (Explain the rules. Explain the rules for alteration of clauses in Memorandum of Association as per Section 16 of Companies Act, 2013)  10
Ans: Alteration of memorandum: Section 16 provides that the company cannot alter the conditions contained in MoA except in certain exceptional cases provided in the Act. These provisions are explained below:

Ø  Change of name: Section 21 provides that the name of a company may be changed at any time by passing a special resolution at a general meeting of the company and with the written approval of the Central Government. However, approval of the Central Government is not necessary if the change of the name involves only the addition or deletion of the word ‘private’ (i.e., when public

Q6. Narrate the prohibition of anti-competitive agreements and abuse of dominant position as per Competition Act, 2002. (Prohibition of anti-competitive agreements, Prohibition of Abuse of dominant position) 5, 5
Ans: Prohibition of Anti-competitive Agreements: we have the terms and definitions related the Competition Act. In this section, we shall discuss the prohibition of anticompetitive
agreements. Section 3 provides for prohibition of entering into anti-competitive agreements. Accordingly, no enterprise or person or association of enterprises/persons shall enter into any agreement in respect of production,

Get fully solved assignment. Buy online from website
online store
or
plz drop a mail with your sub code
we will revert you within 2-3 hour or immediate
Charges rs 125/subject and rs 700/semester only.
if urgent then call us on 08791490301, 08273413412



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