Correct Statement Analysis
Among the given statements, the correct statement is that a quasi-contract is not a contract at all. This is because a quasi-contract, also known as an implied-in-law contract, is not a true contract formed by the parties' mutual agreement. Instead, it is a legal fiction created by the courts to prevent unjust enrichment when one party receives a benefit at the expense of another without a contractual agreement in place.
From United States, Cambridge
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Among the given statements, the correct statement is that a quasi-contract is not a contract at all. This is because a quasi-contract, also known as an implied-in-law contract, is not a true contract formed by the parties' mutual agreement. Instead, it is a legal fiction created by the courts to prevent unjust enrichment when one party receives a benefit at the expense of another without a contractual agreement in place.
From United States, Cambridge
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Question 2
A ship-owner agreed to carry a cargo of sugar belonging to A from Constanza to Busrah. He knew there was a sugar market in Busrah and that A was a sugar merchant, but he did not know that A intended to sell the cargo immediately upon its arrival. Due to the ship-owner's default, the voyage was delayed, and sugar fetched a lower price than it would have if it had arrived on time. A claimed compensation for the full loss suffered because of the delay. Give your decision. Explain briefly. (5 Marks)
Question 3
The proprietors of a medical preparation called the "Carbolic Smoke Ball" published the following advertisement in several newspapers:
"£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 of 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? Explain briefly. (5 Marks)
Question 4
Fazal consigned four cases of Chinese crackers at Kanpur to be carried to Allahabad on the 30th of May, 1987. He intended to sell them at the Shabarat festival on the 5th of June, 1987. The railway discovered that the consignment could not be sent by passenger train and asked Fazal either to remove them or authorize their dispatch by goods train. He took no action, and the goods arrived at Allahabad a month after they were booked.
Fazal filed a suit against Railways for damages due to the late delivery of the goods, which deprived him of the special profits at the festival sale. Decide and explain briefly. (5 Marks)
Question 5
'Lifeoy' Soap Company advertised that it would give a reward of Rs. 2000 to anyone who contracted a skin disease after using the 'Lifeoy' soap of the company for a certain period according to the printed directions. Mrs. Jacob purchased the advertised 'Lifeboy' and contracted a skin disease despite using this soap according to the printed instructions. She claimed a reward of Rs. 2000. The claim is resisted by the company on the grounds that the offer was not made to her and that, in any case, she had not communicated her acceptance of the offer. Decide whether Mrs. Jacob can claim the reward or not. Give reasons. Explain briefly. (5 Marks)
Question 6
In each set of statements, only one is correct. State the correct statements and explain briefly.
a) i) A bailee has a general lien on the goods bailed.
ii) The ownership of goods pawned passes to the pawnee.
iii) A gratuitous bailment can be terminated by the bailor even before the stated time.
b) i) A substituted agent is as good an agent of the agent as a sub-agent.
ii) An ostensible agency is as effective as an express agency.
iii) A principal can always revoke an agent's authority. (5 Marks)
Question 7
A, an unpaid seller, sends goods to B by railway. B becomes insolvent, and A sends a telegram to the railway authorities not to deliver the goods to B. B goes to the Parcel Office of Railway Yard and, by presenting the Railway Receipt (R.R.), takes delivery of the goods and starts putting them in the cart. Meanwhile, the Station Master comes running with the telegram in hand and takes possession of the goods from B. Discuss the rights of A and B to the goods in possession of the railway authorities. (5 Marks)
Question 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 promissory note made out in favor of X, though Y owes no money to X. X endorses the promissory note to Z for value received. Z, who is a holder in due course, demands payment from Y. Can Y refuse and plead the arrangement between him and X? Explain briefly. (5 Marks)
Hi, help me with the above-mentioned questions.
From India, Bangalore
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1A ship-owner agreed to carry a cargo of sugar belonging to A from Constanza to Busrah. He knew there was a sugar market in Busrah and that A was a sugar merchant, but he did not know that A intended to sell the cargo immediately upon its arrival. Due to the ship-owner's default, the voyage was delayed, and sugar fetched a lower price than it would have if it had arrived on time. A claimed compensation for the full loss suffered because of the delay. Give your decision. Explain briefly. (5 Marks)
Question 3
The proprietors of a medical preparation called the "Carbolic Smoke Ball" published the following advertisement in several newspapers:
"£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 of 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? Explain briefly. (5 Marks)
Question 4
Fazal consigned four cases of Chinese crackers at Kanpur to be carried to Allahabad on the 30th of May, 1987. He intended to sell them at the Shabarat festival on the 5th of June, 1987. The railway discovered that the consignment could not be sent by passenger train and asked Fazal either to remove them or authorize their dispatch by goods train. He took no action, and the goods arrived at Allahabad a month after they were booked.
Fazal filed a suit against Railways for damages due to the late delivery of the goods, which deprived him of the special profits at the festival sale. Decide and explain briefly. (5 Marks)
Question 5
'Lifeoy' Soap Company advertised that it would give a reward of Rs. 2000 to anyone who contracted a skin disease after using the 'Lifeoy' soap of the company for a certain period according to the printed directions. Mrs. Jacob purchased the advertised 'Lifeboy' and contracted a skin disease despite using this soap according to the printed instructions. She claimed a reward of Rs. 2000. The claim is resisted by the company on the grounds that the offer was not made to her and that, in any case, she had not communicated her acceptance of the offer. Decide whether Mrs. Jacob can claim the reward or not. Give reasons. Explain briefly. (5 Marks)
Question 6
In each set of statements, only one is correct. State the correct statements and explain briefly.
a) i) A bailee has a general lien on the goods bailed.
ii) The ownership of goods pawned passes to the pawnee.
iii) A gratuitous bailment can be terminated by the bailor even before the stated time.
b) i) A substituted agent is as good an agent of the agent as a sub-agent.
ii) An ostensible agency is as effective as an express agency.
iii) A principal can always revoke an agent's authority. (5 Marks)
Question 7
A, an unpaid seller, sends goods to B by railway. B becomes insolvent, and A sends a telegram to the railway authorities not to deliver the goods to B. B goes to the Parcel Office of Railway Yard and, by presenting the Railway Receipt (R.R.), takes delivery of the goods and starts putting them in the cart. Meanwhile, the Station Master comes running with the telegram in hand and takes possession of the goods from B. Discuss the rights of A and B to the goods in possession of the railway authorities. (5 Marks)
Question 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 promissory note made out in favor of X, though Y owes no money to X. X endorses the promissory note to Z for value received. Z, who is a holder in due course, demands payment from Y. Can Y refuse and plead the arrangement between him and X? Explain briefly. (5 Marks)
Hi, help me with the above-mentioned questions.
From India, Bangalore
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