ADL 12 Business Laws V1

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ADL 12 Business Laws V1

Assignment – A
Question 1. Define Contract. Give essential elements of a valid contract.
Question 2. What are the remedies for breach of contract?
Question 3. Explain and illustrate the doctrines of :-
Question Lifting / Piercing the Corporate Veil
Ultra Vires
Question 4 Describe the kinds of Resolutions passed by the Board Directors under
the companies Act, 1956.
Question 5 Define “goods”. Explain the cond itions and warranties implied by law
in a contract for sale of goods.

 

Assignment – B
Question 1. Explain the consequences and remedies for dishonor of a cheque.
Question 2. Give the kinds and characteristics of different insurance contracts.
Question 3. Enumerate the duties of an Arbitrator; Differentiate domestic and
foreign awards.

 

Case Study
“Twenty Four year old Vijay Kumar suddenly complained one morning in June 1992
at 4.30 a.m. of pain of legs and his inability to move them. His father called a
local doctor, and on his advice took him to a private hospital at about 6.30
a.m. By then the patient was complaining of extreme weakness and decreased power
in the upper limbs. Even as he was being examined by a cardiologist and
neurologist, he complained of difficulty in breathing, following which he was
moved to intensive Care Unit (ICU) and then to the Intensive Cardiac Care Unit
(ICCU). Subsequently, a senior consultant neurologist who examined him at about
9 a.m. said the probable diagnosis was Acute Infective Polyneuritis or
Hypopotassemic paralysis or Acute Myasthenia Gravis. He suggested Aurther Tests,
immediate line of treatment including intubation and also informed the parents
that since a new mode of treatment, plasmapherasis was not available at the
hospital, it was advisable to move him to a ‘Speciality’ Hospital. He also gave
a letter to the concerned doctor at the ‘Speciality’ Hospital, but the young man
died at 12.10 hours before he could be moved there. The nurse on duty also
failed to notice that the oxygen tube had been pulled out by the patient, who
was extremely restless, till it was brought to her notice by the ‘Patient’s
mother’.
Question 1. What is the appropriate law for handling the case?
Question 2. Where does Mr. Vijay Kumar’s remedy lie?
Question 3. Is there any negligence on the part of the doctors?
Question 4. Was the Hospital Staff that was required to carry out the directions
of the doctors, negligent?
Question 5. Was the delay of two hours in intubating the patient an act of
negligence?
Question 6. What, if any, was the nature of lapse on the part of Hospital staff
in respect of the oxygen tube pulled out by the patient?
Question 7. By whom should Mr. Vijay Kumar’s parents be compensated?
Question 8. What was the nature of Mr. V ijay Kumar’s condition in this case?
Question 9. Is the private hospital liable for lapses in the case?
Question 10. Name the major lapses.
Question 11. What, if any, is the limitation period for filing the case by Mr.
Vijay Kumar’s parents?

 

Assignment – C
Answer True or False:
1. An ag reement not enforceable by law is said to be void.
2. An agreement enforceable by law is contract.
3. The communication of a proposal is complete when it comes to the knowledge of
the person to whom it is made.
4. In order to convert proposal into a promise the acceptance must be
conditional and qualified.
5. All agreements are contracts.
6. A company is a voluntary association of persons.
7. A company is an artificial person having no body or soul.
8. A company the only limited shares.
9. A company may be with unlimited liability.
10. On registration a company becomes a distinct legal entity, has perpetual
succession and its property is not the property of shareholders.
11. The Memorandum of Association of a company must be printed, divided into
paragraphs numbered consecutively and signed by the subscribers.
12. A company can have any name
13. ‘Goods’ means every kind of movable property including action able claims
and money.
14. The doctrine of Caveat Emptor has been modified by consumer protection
legislation.
15. A lien is the right to hold the property of another as security for the
performance of obligation.
16. Lien is not a possessory right.
17. A contract for sale of goods may be made in writing or by word of mouth bet
cannot be implied from the conduct of the parties.
18. A contract of sale of goods is through immediate delivery only.
19. A negotiable instrument is a document of title.
20. A particular form is necessary for delivery of a negotiable instrument.
21. A person taking a bill of exchange can take a better title than the person
from whom he took it.
22. A bill of exchange with the words written ‘Not negotiable’ across it is
still negotiable.
23. ‘Choser – in – action’ is a term used in Negotiable Instruments.
24. A drawer of a dishonoured cheque shall be deemed to have committed an
offence.
25. A blank signed paper give to another party cannot be made a bill of excha
nge.
26. A life insurance policy in India can be avoided on the ground of suicide.
27. An LIC life insurance policy contains ‘Suicide Clause’ for the entire
currency of the policy.
28. There is no difference between Assignment – and Nomination in so far as
insurance is concerned.
29. All Insurance policies have a surrender value.
30. An Insurance Policy is with nature of a contract.
31. An arbitration agreement need nor be in writing.
32. Matrimonial matters can be referred to arbitration in India.
33. Parties are free to agree on the place of arbitration.
34. An award is in the nature of Individual verdict.
35. Indian Arbitration law does not comprehensively cover international
commercial arbitration.
36. Consumers Protection Act 1986 is the judicial machinery for speedy redressal
of consumer disputes.
37. Consumer Protection Act 1986 deals only with defects in relation to goods.
38. Any affiliation by a consumer in any form is a complaint.
39. The provisions in Consumer Protection Act, 1986 are in addition to and not
in derogation of any other law for the time being in force.
40. There is no provision for the right to consumer education in the Consumer
Protection Act, 1986.

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