ADL-12-Business Laws-AM1

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.

Assignments Solved By: DistPub.com