Indian Institute of Management Bodh Gaya

Question Paper: End Term

Course: Indian Legal System
Batch: (2020-22), Term: III
Duration: 1.30 hours Maximum Marks: 50
Instructions:
1. Open Book Examination
2. All questions are compulsory
3. Each question carries 10 marks.

Questions

1. A’ had his nephew (a minor aged 15 years) absconded from home. ‘B’ was ‘A’s servant, and he
was sent to search the missing boy. After B had left in search of the boy, ‘A’ issued handbills
announcing a reward of Rs. 5001 /- to anyone who might find the boy. ‘B’ who was ignorant of
this reward, was successful in searching the boy. When he came to know of the reward, which
had been announced in his absence, he brought an action against the employer ‘A’ to claim this
reward to which the employer declined to pay.

a. Enumerate the main legal points of essential contract which emerged out of this case
proposition. Are there any remedies for breach of contract available to any of the parties?
b. Can the nephew be made liable for payment of the reward money to B? Explain the position
of a minor in the contract law.
c. Enumerate differences between mistake, misrepresentation, fraud and undue influence in
light of this case.

2. A is travelling to Mumbai and at the T3 airport he uses a vending machine to buy Pepsi. The
currency note gets accepted by the machine however product is not released. Is there any legal
remedy available for A under force majeure? Explain.

3. A, an inventor and manufacturer of guns and ammunition made a sale of goodwill, and agreed
with the buyer (a) not to practice the same trade for twenty-five years, and (b) not to engage in
any business competing or liable to compete in any way with the business for the time being
carried on by the buyer. Is any part of this agreement null and void? Explain.

4. A files a consumer complaint against a builder for delay in handing over possession of a flat. Is
this complaint maintainable. Explain in light of definition of goods, services, defect and
deficiency as per CPA, 1986.

5. Enumerate various points on your strategy to protect the Intellectual Property Rights of the
below mentioned product (A microwave).

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