Download GTU (Gujarat Technological University) MBA (Master of Business Administration) 2015 Winter 3rd Sem 2830002 Legal Aspects Of Business Lab Previous Question Paper
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3? ? EXAMINATION ? WINTER 2015
Subject Code:2830002 Date: 01/12/2015
Subject Name: LEGAL ASPECTS OF BUSINESS (LAB)
Time: 10.30 AM TO 01.30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Q.1
(a)
06
1.
Which of the following is not an element of a Valid Contract?
A. Offer and
acceptance
B. Capacity of parties
C. Certainty and
possibility of
performance
D. No intention to create legal
relationship.
2.
What is Ex- turpi causa non oritur action?
A. No action arises
from a base cause
B. In cases of equal quilt, the
defendant is in a better
position.
C. Action arises from a
base cause
D None of the above
3.
X ,having contracted with Y to supply him1,000 tons of iron at 12,000
a tons, to be delivered in a stated time, contracts with Z, for the purchases
of 1,000 tons of iron at 11,000 a ton. X does not tell Z of sell to Y.Z
failed to perform the contract with X who cannot procure other iron, and,
Y in consequence rescinds the contract. What damaged can X claim from
Z?
A. X can claim the
difference between
the contract price
and the market price
at the date of the
breach.
B. X can claim the difference
between the contract prices
only.
C. X cannot claim the
damages.
D. None of the above applies.
4.
Under the Articles, the directors of a company had power to borrow up to
10,000 without the consent of the general meeting. The directors
themselves lent 35,000 to the company without such consent and took
debentures. Is the company liable for 35,000?
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1
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3? ? EXAMINATION ? WINTER 2015
Subject Code:2830002 Date: 01/12/2015
Subject Name: LEGAL ASPECTS OF BUSINESS (LAB)
Time: 10.30 AM TO 01.30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Q.1
(a)
06
1.
Which of the following is not an element of a Valid Contract?
A. Offer and
acceptance
B. Capacity of parties
C. Certainty and
possibility of
performance
D. No intention to create legal
relationship.
2.
What is Ex- turpi causa non oritur action?
A. No action arises
from a base cause
B. In cases of equal quilt, the
defendant is in a better
position.
C. Action arises from a
base cause
D None of the above
3.
X ,having contracted with Y to supply him1,000 tons of iron at 12,000
a tons, to be delivered in a stated time, contracts with Z, for the purchases
of 1,000 tons of iron at 11,000 a ton. X does not tell Z of sell to Y.Z
failed to perform the contract with X who cannot procure other iron, and,
Y in consequence rescinds the contract. What damaged can X claim from
Z?
A. X can claim the
difference between
the contract price
and the market price
at the date of the
breach.
B. X can claim the difference
between the contract prices
only.
C. X cannot claim the
damages.
D. None of the above applies.
4.
Under the Articles, the directors of a company had power to borrow up to
10,000 without the consent of the general meeting. The directors
themselves lent 35,000 to the company without such consent and took
debentures. Is the company liable for 35,000?
2
A. The company is
liable for 35,000.
B. The company is liable for
10,000.
C. The company is not
liable at all.
D. The company is liable for
45,000.
5.
Intellectual property is subject to protection Under:
A. Copy right B. Trade secrete
C. Patent D. All of them
6.
Doctrine of Ultra Vires means:
A. Any act done by the
company beyond its
legal powers and
authority
B. Any act done by the
company within legal
powers and authority
C. Any act done by the
directors beyond its
legal powers and
authority
D. Any act done by the
directors within its legal
powers and authority
Q.1 (b) Explain the following terms:
1.Free Consent
2. Indemnity
3.Memorandum of Association
4.Digital Signature
04
Q.1 (c) Answer in Short:
1. What is a meaning of contract
2. What is a meaning of water pollution
3. What is Promissory note?
4. Who is surety?
04
Q.2 (a) Illustrate the distinction between void, voidable and illegal
agreements. Discuss the validity of agreements collateral to
such agreements.
07
(b) How can an offer be accepted? State briefly the rules relating
to the communication of acceptance. Can there be a tacit
acceptance of an offer. How can an offer be accepted by
acting upon it?
07
OR
(b) What are the compulsory clauses in the Memorandum of
Association? In what cases, in what mode and to what extent
can a company alter these clauses?
07
Q.3 (a) What are the remedies open to an allottee of shares who has
applied for them on the faith of a false and mis-leading
prospectus, and what are the defenses available to the
directors of a company who have issued such a prospectus?
07
(b) What are the provisions of the company?s act 1956, regarding
the mode of appointment of the directors of a company? How
may some of the directors of a public company be appointed
otherwise than by the company in general meeting?
07
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1
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3? ? EXAMINATION ? WINTER 2015
Subject Code:2830002 Date: 01/12/2015
Subject Name: LEGAL ASPECTS OF BUSINESS (LAB)
Time: 10.30 AM TO 01.30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Q.1
(a)
06
1.
Which of the following is not an element of a Valid Contract?
A. Offer and
acceptance
B. Capacity of parties
C. Certainty and
possibility of
performance
D. No intention to create legal
relationship.
2.
What is Ex- turpi causa non oritur action?
A. No action arises
from a base cause
B. In cases of equal quilt, the
defendant is in a better
position.
C. Action arises from a
base cause
D None of the above
3.
X ,having contracted with Y to supply him1,000 tons of iron at 12,000
a tons, to be delivered in a stated time, contracts with Z, for the purchases
of 1,000 tons of iron at 11,000 a ton. X does not tell Z of sell to Y.Z
failed to perform the contract with X who cannot procure other iron, and,
Y in consequence rescinds the contract. What damaged can X claim from
Z?
A. X can claim the
difference between
the contract price
and the market price
at the date of the
breach.
B. X can claim the difference
between the contract prices
only.
C. X cannot claim the
damages.
D. None of the above applies.
4.
Under the Articles, the directors of a company had power to borrow up to
10,000 without the consent of the general meeting. The directors
themselves lent 35,000 to the company without such consent and took
debentures. Is the company liable for 35,000?
2
A. The company is
liable for 35,000.
B. The company is liable for
10,000.
C. The company is not
liable at all.
D. The company is liable for
45,000.
5.
Intellectual property is subject to protection Under:
A. Copy right B. Trade secrete
C. Patent D. All of them
6.
Doctrine of Ultra Vires means:
A. Any act done by the
company beyond its
legal powers and
authority
B. Any act done by the
company within legal
powers and authority
C. Any act done by the
directors beyond its
legal powers and
authority
D. Any act done by the
directors within its legal
powers and authority
Q.1 (b) Explain the following terms:
1.Free Consent
2. Indemnity
3.Memorandum of Association
4.Digital Signature
04
Q.1 (c) Answer in Short:
1. What is a meaning of contract
2. What is a meaning of water pollution
3. What is Promissory note?
4. Who is surety?
04
Q.2 (a) Illustrate the distinction between void, voidable and illegal
agreements. Discuss the validity of agreements collateral to
such agreements.
07
(b) How can an offer be accepted? State briefly the rules relating
to the communication of acceptance. Can there be a tacit
acceptance of an offer. How can an offer be accepted by
acting upon it?
07
OR
(b) What are the compulsory clauses in the Memorandum of
Association? In what cases, in what mode and to what extent
can a company alter these clauses?
07
Q.3 (a) What are the remedies open to an allottee of shares who has
applied for them on the faith of a false and mis-leading
prospectus, and what are the defenses available to the
directors of a company who have issued such a prospectus?
07
(b) What are the provisions of the company?s act 1956, regarding
the mode of appointment of the directors of a company? How
may some of the directors of a public company be appointed
otherwise than by the company in general meeting?
07
3
OR
Q.3 (a) Distinguish between, a condition and a warranty. When does a
condition descend to the level of a warranty? Explain the rule
of caveat emptor and state how far it is modified by implied
conditions?
07
(b) Who is a ?holder in due course? of a negotiable instrument?
Can the defense that one of the indorsement is forged be
raised against him by (i) The acceptor and (ii) an indorser?
07
Q.4 (a) What is the composition of the National Consumer Disputes
Redressal Commission (The National Commission)? What is
its jurisdiction and what procedure does it follow to settle any
complaint?
07
(b) What are the powers and functions of the Central Pollution
Control Board and State Pollution Control Boards?
07
OR
Q.4 (a) What is copyright? State at least two examples for copyright.
What are the rights of copyright owner?
07
(b) Explain what is Cyber Crimes? Also give its remedies with
possible examples.
07
Q.5 (a) Baman Builders Ltd. had bid for a tender for building
a swimming pool for a sports body. The sports body
communicated to Baman Builders an acceptance of their
bid. However, in the acceptance letter, the dimensions of
the swimming pool were changed and a proportionate
increase in the price was allocated. Further, the swimming
pool was to be completed in 60 days as opposed to 80 days
mentioned in the tender. Has an agreement been formed
between the parties? Baman Builders Ltd. declined to go
ahead with both the modified terms as well as the original
terms. Are Baman Builders Ltd. justified in doing this?
(b) Deep bought a pen from a self-service store. After
making the purchase, he discovered that the Pen was
leaking. He now wants to return the pen and claim a refund
of his money from the shop.The shop claims that as it is a
self-service store, every customer offers to buy the specific
piece in his basket. Decide.
14
OR
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1
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3? ? EXAMINATION ? WINTER 2015
Subject Code:2830002 Date: 01/12/2015
Subject Name: LEGAL ASPECTS OF BUSINESS (LAB)
Time: 10.30 AM TO 01.30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Q.1
(a)
06
1.
Which of the following is not an element of a Valid Contract?
A. Offer and
acceptance
B. Capacity of parties
C. Certainty and
possibility of
performance
D. No intention to create legal
relationship.
2.
What is Ex- turpi causa non oritur action?
A. No action arises
from a base cause
B. In cases of equal quilt, the
defendant is in a better
position.
C. Action arises from a
base cause
D None of the above
3.
X ,having contracted with Y to supply him1,000 tons of iron at 12,000
a tons, to be delivered in a stated time, contracts with Z, for the purchases
of 1,000 tons of iron at 11,000 a ton. X does not tell Z of sell to Y.Z
failed to perform the contract with X who cannot procure other iron, and,
Y in consequence rescinds the contract. What damaged can X claim from
Z?
A. X can claim the
difference between
the contract price
and the market price
at the date of the
breach.
B. X can claim the difference
between the contract prices
only.
C. X cannot claim the
damages.
D. None of the above applies.
4.
Under the Articles, the directors of a company had power to borrow up to
10,000 without the consent of the general meeting. The directors
themselves lent 35,000 to the company without such consent and took
debentures. Is the company liable for 35,000?
2
A. The company is
liable for 35,000.
B. The company is liable for
10,000.
C. The company is not
liable at all.
D. The company is liable for
45,000.
5.
Intellectual property is subject to protection Under:
A. Copy right B. Trade secrete
C. Patent D. All of them
6.
Doctrine of Ultra Vires means:
A. Any act done by the
company beyond its
legal powers and
authority
B. Any act done by the
company within legal
powers and authority
C. Any act done by the
directors beyond its
legal powers and
authority
D. Any act done by the
directors within its legal
powers and authority
Q.1 (b) Explain the following terms:
1.Free Consent
2. Indemnity
3.Memorandum of Association
4.Digital Signature
04
Q.1 (c) Answer in Short:
1. What is a meaning of contract
2. What is a meaning of water pollution
3. What is Promissory note?
4. Who is surety?
04
Q.2 (a) Illustrate the distinction between void, voidable and illegal
agreements. Discuss the validity of agreements collateral to
such agreements.
07
(b) How can an offer be accepted? State briefly the rules relating
to the communication of acceptance. Can there be a tacit
acceptance of an offer. How can an offer be accepted by
acting upon it?
07
OR
(b) What are the compulsory clauses in the Memorandum of
Association? In what cases, in what mode and to what extent
can a company alter these clauses?
07
Q.3 (a) What are the remedies open to an allottee of shares who has
applied for them on the faith of a false and mis-leading
prospectus, and what are the defenses available to the
directors of a company who have issued such a prospectus?
07
(b) What are the provisions of the company?s act 1956, regarding
the mode of appointment of the directors of a company? How
may some of the directors of a public company be appointed
otherwise than by the company in general meeting?
07
3
OR
Q.3 (a) Distinguish between, a condition and a warranty. When does a
condition descend to the level of a warranty? Explain the rule
of caveat emptor and state how far it is modified by implied
conditions?
07
(b) Who is a ?holder in due course? of a negotiable instrument?
Can the defense that one of the indorsement is forged be
raised against him by (i) The acceptor and (ii) an indorser?
07
Q.4 (a) What is the composition of the National Consumer Disputes
Redressal Commission (The National Commission)? What is
its jurisdiction and what procedure does it follow to settle any
complaint?
07
(b) What are the powers and functions of the Central Pollution
Control Board and State Pollution Control Boards?
07
OR
Q.4 (a) What is copyright? State at least two examples for copyright.
What are the rights of copyright owner?
07
(b) Explain what is Cyber Crimes? Also give its remedies with
possible examples.
07
Q.5 (a) Baman Builders Ltd. had bid for a tender for building
a swimming pool for a sports body. The sports body
communicated to Baman Builders an acceptance of their
bid. However, in the acceptance letter, the dimensions of
the swimming pool were changed and a proportionate
increase in the price was allocated. Further, the swimming
pool was to be completed in 60 days as opposed to 80 days
mentioned in the tender. Has an agreement been formed
between the parties? Baman Builders Ltd. declined to go
ahead with both the modified terms as well as the original
terms. Are Baman Builders Ltd. justified in doing this?
(b) Deep bought a pen from a self-service store. After
making the purchase, he discovered that the Pen was
leaking. He now wants to return the pen and claim a refund
of his money from the shop.The shop claims that as it is a
self-service store, every customer offers to buy the specific
piece in his basket. Decide.
14
OR
4
Q.5
Case Study on Net Neutrality in India:
India?s Internet population is raging around the issue of net neutrality. The net
neutrality debate was sparked off recently after some telecom operators and
Internet companies came up with plans that offer preferential treatment in using
the Internet .The problem is that there are no laws enforcing net neutrality in
India. Although, TRAI guidelines for the Unified Access Service license
promote net neutrality, it does not enforce it. The Information Technology Act,
2000 also does not prohibit companies from throttling their service in
accordance with their business interests. In India, telecom operators and ISPs
offering VoIP services have to pay a part of their revenues to the government.
Violations of net neutrality have been common in India. Examples beyond
Facebook's Internet.org include Reliance?s free access to Twitter and many.
Applications like Whatsapp and Viber have eaten into their profits as calling
and texting can now be done for free. Operators add that huge amounts of data
running on their system is putting pressure on their system and that negligible
returns from such data will impede the growth of the sector. Telecom operators
like - Airtel, Vodafone, and others have now decided to charge for apps and
services that run on their network. The charge can be levied on the customer for
the data he or she consumes or on app developers and web services providers.
Airtel has slowly gone on to do just that by launching Airtel Zero, where an app
developer or web services provider has to pay the company to make his service
available for free to the consumers.
The Federal Communications Commission recently adopted strong net
neutrality rules that should prevent cable and phone companies from creating
fast and slow lanes on the Internet. But policy makers in other parts of the
world, particularly in Europe and India, are considering very different kinds of
rules that could hurt consumers and start-up Internet businesses.
With debate continuing to rage on Net Neutrality, The Competition
Commission of India started looking into whether telecom operators and
Internet service providers are indulging in unfair business ways by extending
preferential treatment to select mobile applications and websites.
The Internet is one place where everyone is treated equally. One of the main
reasons the Internet has been so successful is that people have generally been
able to use it how they wish. The worst thing policy makers could do to the
network would be to allow telecom companies to mess with that.
Q.1 The telecom operators and internet service providers
are indulging in unfair business by giving preferential
treatment to select mobile applications and websites.
Comment
Q.2 What actions are required to solve the issue?
14
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This post was last modified on 19 February 2020