Attempt all the problems.
problem1) Compare and contrast
a) “Legislation” and “Customs” as sources of Law.
b) Offer and “Invitation to offer”
problem2)a) Describe the term “discharge of a contract by operation of law”.
b) What conditions should be fulfilled for a valid ‘agency by ratification’
problem3)a) A stock of rice is sold at the agreed price per quintal. The rice is to be weighed by the agents of seller as also of the buyer to ascertain the total price to be paid. A part of rice is weighed and carried away by buyer’s agent, but remaining is swept away by floods. Who would bear the loss? Give reasons.
b) Principal directs his agent to buy the particular shop for him. Agent after preliminary enquiries informs principal that particular shop is not available for sale, but buys shop for his personal use. Does Principal have any remedies against his agent? Substantiate your answer.
problem4)a) A trader pledged certain goods in favour of the bank and took a loan. On default to return loan, bank sold the goods without giving notice of sale to trader, as the loan agreement specifically excludes it. Trader contends that such an ‘exclusion clause’ by the bank is inconsistent with provisions of the Contract Act. Reason out the contention of the trader.
b) X agrees to buy from thejeweller certain gold ornaments, to be delivered to him in September 2013. On 16th August, 2013, the Government enacts a law, prohibiting dealing in gold. When time comes for delivery in September2013, Jeweller refuses the promised delivery of gold ornaments. What remedy does X have against the jeweller?