PART-A

1.State the classification of law.

 Civil Law and Common Law
 Criminal Law and Civil Law
 Public Law and Private Law
 International Law and Domestic Law
 Procedural Law and Substantive Law
 Statutory Law and Common Law
2.Write about the sources of law.
 Legislation
 Common Law
 Constitutional Law
 International Law
 Customary Law
3.Define Voidable contract.
A voidable contract is a legal agreement that is initially considered to be valid and enforceable,
but can be later voided or canceled by one or both parties involved in the agreement due to
certain circumstances, such as fraud, misrepresentation, duress, undue influence, or incapacity
of one of the parties.
4.What is called as Lex Mercatoria in latin .?
Lex Mercatoria is a Latin term that translates to "merchant law" or "law of merchants". It refers
to a body of customary international commercial law that has developed over time through
trade and commerce between nations and merchants. The lex mercatoria is not a formal legal
system, but rather a set of principles, practices, and customs that have been recognized and
applied by businesses and commercial arbitrators worldwide
5.Define the unpaid seller.
An unpaid seller refers to a seller who has not received full payment for goods that they have
sold to a buyer. The term is often used in commercial transactions, where the seller provides
goods or services to the buyer, but the buyer has not yet paid for them. In such a scenario, the
seller is considered an unpaid seller until they receive full payment for their goods or services.
The seller may have various legal rights and remedies available to them to recover payment,
such as the right to retain the goods until payment is made, or the right to sue the buyer for
payment
6.What is holding company give one example.?
A holding company is a type of business organization that owns other companies' outstanding
stock. It doesn't typically produce goods or services on its own. Instead, it acts as a parent
company and controls the operations of its subsidiaries by owning their stocks.
7.Specify the types of meetings.
 Informational meetings
 Decision-making meetings
 Brainstorming meetings
 Review meetings
 Training meetings
 Negotiation meetings
 Social meetings
8.Define the Doctrine of Constructive notice.
The Doctrine of Constructive Notice is a legal principle that imposes a duty on every person to
take notice of facts and circumstances that a reasonable inquiry would reveal. In the context of
property law, it means that anyone who acquires an interest in land is deemed to have notice of
any rights or interests in the property that a reasonable search would have revealed.
9.What is the objective of IPR?
The objective of Intellectual Property Rights (IPR) is to protect and promote the rights of
creators and innovators over their creations and innovations. The purpose is to provide legal
protection and recognition for the intellectual property, which includes inventions, designs,
trademarks, copyrights, and trade secrets
10.Comment on “Is the Copyright is same as Trademark”.
No, copyright and trademark are not the same thing, although they are both forms of intellectual
property protection. Copyright protects original works of authorship such as books, music,
movies, and software, giving the copyright holder exclusive rights to reproduce, distribute, and
display their work
11.Define law.
Law can be defined as a set of rules and regulations that are enforced by a governing authority,
such as a state, to regulate behavior and maintain social order. These rules are usually backed
by the force of the state and are designed to ensure that individuals and organizations behave
in a way that is consistent with societal norms and values. The law is meant to protect
individuals from harm and ensure justice and fairness for all members of society. The legal
system is typically composed of various branches of law, including criminal law, civil law,
administrative law, and constitutional law, each of which serves a unique function in
maintaining social order and protecting the rights of individuals.
12.What are the different sources of law?
 Constitutional Law
 Statutory Law
 Common Law
 Administrative Law
 International Law:
 Equity Law
 Customary Law
 Religious Law
13.What do you mean by ignorantia juris non excusat?
"Ignorantia juris non excusat" is a Latin phrase that means "ignorance of the law does not
excuse". It is a legal principle that holds that a person cannot claim innocence or exemption
from punishment simply because they were unaware that their actions were against the law. In
other words, it is presumed that all individuals are aware of the law, and they are held
accountable for any violations they commit, regardless of whether or not they were aware of
the law's existence or requirements. This principle is widely accepted in many legal systems
around the world.
14.Give two examples of quasi contract.
A quasi-contract, also known as an implied-in-law contract, is a legal doctrine that allows a
court to create a contract between parties even if there was no explicit agreement between them.
Here are two examples of quasi-contracts:
 Unjust Enrichment
 Necessaries
15.What are the rights of unpaid seller?
 Right of lien
 Right of stoppage of goods in transit
 Right to resell the goods
 Right to claim damages
 Right to sue for the price
16.Write a brief note on Limited Liability Partnership.
A Limited Liability Partnership (LLP) is a type of business structure that combines the features
of a partnership and a limited liability company. In an LLP, the partners have limited liability
for the debts and obligations of the partnership. This means that their personal assets are not at
risk in the event that the business incurs losses or faces legal action.
17.Distinguish between AGM and EGM.
An AGM is a yearly meeting that is held by a company or organization, as required by law, to
conduct important business and to report to shareholders on the performance of the
organization. During an AGM, members or shareholders will receive and review financial
statements, elect the board of directors, appoint auditors, and vote on other important matters.

On the other hand, an EGM is a special meeting that is called to address a specific issue that
cannot wait until the next AGM. EGMs are generally called when a critical decision needs to
be made, such as amending the company's articles of association, changing the company's
name, or approving a merger or acquisition.
18.What is the outcome of Doctrine of Ultra vires.
The doctrine of ultra vires is a legal principle that applies to corporations and other legal
entities, which states that any action taken by such an entity beyond the scope of its legal
authority or power is considered void and cannot be enforced.
19.What are the objectives of trade unions
 Collective bargaining
 Workplace safety
 Legal representation
 Education and training
 Political advocacy
 Social and economic justice
20.Who is a consumer under Consumer Protection Act?
According to the Consumer Protection Act (CPA), a consumer is any person who purchases
goods or services for personal, household, or business use. This includes:

Individuals who purchase goods or services for personal use

Families or households that purchase goods or services for household use
Business entities that purchase goods or services for their own use
PART-B
1. Discuss the legal system in India.
The legal system in India is a complex network of laws, courts, and legal institutions that
have evolved over centuries to govern the country's diverse population. India's legal system
is based on a common law system, which is derived from British law, and is supplemented
by various statutes, codes, and regulations that are specific to India.
 The Constitution of India is the supreme law of the land and provides the framework for
the country's legal system. It establishes the structure and powers of the judiciary, defines
fundamental rights and duties of citizens, and lays down the principles of governance.

The Indian judiciary is composed of the Supreme Court, high courts, and subordinate
courts. The Supreme Court is the highest court in the land and has the power of judicial
review. The high courts are located in each state and have jurisdiction over the respective
state's territories. Subordinate courts include district courts and lower courts that are
responsible for resolving civil and criminal disputes.

The legal system in India also includes specialized courts and tribunals that are responsible
for handling specific types of cases. These include the consumer courts, labor courts, tax
tribunals, and environmental courts, among others.

The legal profession in India is regulated by the Bar Council of India, which sets standards
for legal education, regulates the entry of lawyers into the profession, and oversees the
professional conduct of lawyers.

Overall, while the Indian legal system is complex and can be slow at times, it is an essential
part of the country's democracy and provides a mechanism for resolving disputes and
upholding the rule of law.
2. Explain ‘Jurisprudence thought’ with suitable examples.
Jurisprudence is the study of the principles, origins, and nature of law. It is a complex and
multifaceted field that has evolved over centuries of legal and philosophical thought.
Jurisprudence thought refers to the various theories and schools of thought that have
emerged over time to understand the nature of law, its purpose, and its relationship to
society.

There are several important schools of jurisprudence thought, including natural law, legal
positivism, and critical legal studies. Each of these schools offers a unique perspective on
the nature of law and its role in society.

Natural law is the theory that there are certain inherent moral principles that are part of the
natural order of things, and that these principles form the basis of all law. According to
natural law theory, laws that violate these principles are illegitimate and should be
disobeyed. For example, the American civil rights movement of the 1960s was based in
part on the idea of natural law, with civil rights activists arguing that segregation laws
violated basic principles of justice and equality.

Legal positivism, on the other hand, holds that law is a human construct that exists only
because people have agreed to follow it. According to this theory, there is no inherent moral
or ethical basis for law, and it is purely a matter of convention and social agreement. For
example, the U.S. Constitution is an example of legal positivism, as it is a written document
that defines the legal framework of the United States and is based on the agreement of the
people to be bound by its provisions.

Critical legal studies is a school of thought that emerged in the late 20th century as a
response to the perceived limitations of traditional legal theories. Critical legal scholars
argue that law is not a neutral or objective system, but is instead a reflection of the values
and interests of those in power. According to this theory, the law can be used to perpetuate
 social inequality and oppression, and must be analyzed critically in order to understand its
true nature and effects.

In summary, jurisprudence thought is a rich and complex field that encompasses a wide
range of theories and perspectives on the nature of law and its role in society. Each school
of thought offers a unique perspective on the law, and each has contributed to our
understanding of this important subject
3. Discuss with examples the essential elements of a valid contract.
 Offer and Acceptance
 Consideration
 Capacity
 Intention
 Legal Object
 Consent
4. Explain with examples difference between valid, void and voidable contract.
 Valid Contract: A valid contract is an agreement that meets all the essential
elements of a contract, as discussed in the previous question. A valid contract is
legally binding and enforceable by law. For example, a contract to purchase a car
between two parties that contains an offer, acceptance, consideration, legal
capacity, legal object, and consent is a valid contract.

 Void Contract: A void contract is an agreement that has no legal effect from the
beginning. It is as if the contract never existed. A void contract is not enforceable
by law, and it cannot be made valid even if both parties agree. For example, a
contract to sell illegal drugs is a void contract because it is against the law.

 Voidable Contract: A voidable contract is an agreement that is initially valid, but

one of the parties has the right to avoid it because of some defect or issue with the
agreement. The party with the right to avoid the contract can choose to do so or
continue with the agreement. If the party chooses to avoid the contract, it becomes
voidable. Examples of voidable contracts include:
 Contracts entered into by a person who lacks legal capacity, such as a minor or
a person under the influence of drugs or alcohol.
 Contracts entered into under duress, coercion, or undue influence.
 Contracts entered into as a result of fraud or misrepresentation.
5. What are the characteristics of contracts of indemnity and Guarantee?
 Nature of liability
 Parties involved
 Scope of liability
 Requirement of consideration
 Termination of liability
 Notice of loss

6. Discuss the rights and duties of a bailor and bailee.

A bailment is a legal relationship created when one person, the bailor, delivers personal
property to another person, the bailee, for a specific purpose. The bailor retains ownership
of the property, but the bailee has possession of it and owes certain duties to the bailor. The
following are the rights and duties of a bailor and bailee in a bailment relationship:
 Rights of the Bailor:
 Right to demand return of the property
 Right to receive compensation
 Right to terminate the bailment

Duties of the Bailor:

 Duty to disclose defects
 Duty to indemnify.

Rights of the Bailee:

 Right of possession
 Right to use the property
 Right to receive compensation

Duties of the Bailee:

 Duty to take reasonable care of the property
 Duty to return the property
 Duty to use the property only for the agreed-upon purpose
7. Explain the differences between the memorandum and Articles of association.
Memorandum of Association:
The Memorandum of Association is a legal document that sets out the fundamental details
of a company. It contains the following information:
 The name of the company
 The location of the company's registered office
 The company's objectives or purposes
 The amount of authorized share capital
 The type of company (public or private)
 The names of the subscribers (initial shareholders) and their shareholding
The Memorandum of Association is a public document that must be filed with the Registrar
of Companies during the company's registration process. It cannot be altered or amended
after registration, except for changing the company's name, location, or authorized share
capital.

Articles of Association:
The Articles of Association are the rules and regulations that govern the internal affairs of
the company. It contains the following information:
 The rights and duties of the shareholders
 The procedures for issuing and transferring shares
 The appointment and powers of directors and officers
 The rules for holding board meetings and general meetings
 The procedures for voting and passing resolutions
The Articles of Association can be altered or amended at any time, subject to the company's
constitutional provisions and the Companies Act. Any changes must be approved by the
shareholders at a general meeting.
8. Discuss the types of companies.
 Sole Proprietorship
 Partnership
 Limited Liability Partnership (LLP)
 Private Limited Company
  Public Limited Company
 Unlimited Company
 Nonprofit Organization
9. Discuss the main provisions of RTI Act.
 Public authorities
 Information disclosure
 Timeframe for response
 Exemptions
 Fees
 Appeals
 Protection for whistleblowers
10. Discuss the IPR legislations in India.
 The Patents Act, 1970
 The Copyright Act, 1957
 The Trade Marks Act, 1999
 The Designs Act, 2000
 The Geographical Indications of Goods (Registration and Protection) Act, 1999
 The Protection of Plant Varieties and Farmers' Rights Act, 2001
11. Discuss in detail different sources of law.
 Constitutional Law
 Statutory Law
 Common Law
 Administrative Law
 International Law
12. Elaborate the essentials of valid contract.
 Offer
 Acceptance
 Consideration
 Intention to create legal relations
 Capacity
 Free Consent
 Legality of object
13. Define consideration. State the rules and exceptions to the rule of consideration with
suitable examples.
Consideration is one of the essential elements of a valid contract. It refers to something of value
that is exchanged between the parties to a contract. Consideration can take many forms,
including money, goods, services, promises, or other benefits.
In order for a contract to be legally enforceable, it must be supported by consideration. This
means that both parties to the contract must receive something of value in exchange for their
promises or obligations. Consideration ensures that both parties have a mutual obligation to
fulfill the terms of the contract.
Rules of Consideration:
 Consideration must move from the promisee
 Consideration need not be adequate but must be sufficient
 Consideration must not be past
Exceptions to the Rule of Consideration:
 Promissory Estoppel
 Contracts under seal
14. Elucidate different modes of performing contractual promise.
 Performance
  Payment
 Delivery
 Satisfaction
 Mutual release
 Rescission
 Substitution
15. Discuss the rights and duties of a bailor and bailee
A bailment is a legal relationship in which a person (the bailor) transfers possession of property
to another person (the bailee) for a specific purpose or period of time, without transferring
ownership of the property. The rights and duties of a bailor and bailee are governed by the
terms of the bailment agreement, as well as by applicable laws and regulations. Here are some
of the key rights and duties of each party:
Rights and Duties of the Bailor:
 Right to Possession
 Duty of Disclosure
 Duty to Compensate
 Duty to Indemnify
 Right to Terminate
Rights and Duties of the Bailee:
 Right to Possession
 Duty of Care
 Duty to Return
 Duty to Account
 Right to Compensation
16. Define goods under Sale of Goods Act. Explain implied conditions with pertinent case laws
or examples.
Under the Sale of Goods Act, "goods" refer to any tangible, movable property that can be
bought and sold, such as products, raw materials, and commodities. The Act applies to both
new and second-hand goods.
The Sale of Goods Act implies certain conditions into every contract for the sale of goods,
regardless of whether they are expressly stated in the contract or not. These conditions include:
 Condition of title
 Condition of description
 Condition of quality
 Condition of fitness for purpose
If any of these conditions are not met, the buyer has a right to reject the goods and seek damages
from the seller.
For example, in the case of Beale v Taylor (1967), the buyer purchased a car from the seller,
which was advertised as a 1961 model. However, the car was actually a 1958 model. The court
held that there was a breach of the condition of description, and the buyer was entitled to reject
the car and claim damages.
17.Discuss regarding doctrine of constructive notice and doctrine of indoor management.
The doctrine of constructive notice and the doctrine of indoor management are two principles
of company law that help to establish the legal rights and obligations of a company and its
members.
The doctrine of constructive notice holds that any person dealing with a company is deemed to
have notice of its memorandum and articles of association and any other public records, such
as the company's registration documents. This means that any person who enters into a
transaction with a company is expected to have knowledge of the company's legal structure
and any restrictions or limitations on its powers. The doctrine of constructive notice aims to
protect the interests of the company and its shareholders by ensuring that third parties are aware
of the company's legal obligations and limitations.
On the other hand, the doctrine of indoor management is a rule that protects third parties who
enter into transactions with a company without actual knowledge of any irregularities or defects
in the company's internal affairs. This doctrine recognizes that third parties may not be aware
of the internal workings of a company and may rely on the authority of its officers to act on
behalf of the company. Therefore, the doctrine of indoor management allows third parties to
assume that any act of a company's officers is within the scope of their authority and binding
on the company, even if the officers have acted improperly or exceeded their authority.
18.Discuss various steps involved in incorporation of a company.
Incorporation of a company involves several steps that need to be taken in a specific order. The
following are the various steps involved in incorporating a company:
 Obtain Digital Signature Certificate (DSC)
 Apply for Director Identification Number (DIN)
 Name availability
 Memorandum and Articles of Association
 Certificate of Incorporation
 PAN and TAN
 Bank account opening
19. Discuss the critical issuers involved Indian Patents Act.
 Section 3(d)
 Compulsory licensing
 Patentability of software and business methods
 Section 8
 Section 84
20.Critically evaluate the mechanism for alternative dispute resolution mechanism in India
Alternative Dispute Resolution (ADR) mechanisms have been increasingly adopted in India to
provide a more efficient, effective, and accessible way to resolve disputes outside the
traditional court system. ADR mechanisms include negotiation, mediation, conciliation, and
arbitration.
While ADR mechanisms in India have their advantages, there are also several criticisms and
challenges that need to be addressed.
Firstly, one of the major issues with ADR in India is the lack of awareness and education among
the general public about these mechanisms. Many people are unaware of their existence or how
they work, and this can lead to mistrust and skepticism about ADR. This lack of awareness also
makes it difficult for people to access these mechanisms, particularly those in rural areas or
who belong to marginalized communities.
Secondly, there is a lack of standardized procedures and regulations governing ADR in India.
While there are guidelines and codes of conduct, they are not uniformly followed or enforced.
This can result in inconsistencies and uncertainties in the application of ADR mechanisms.
Thirdly, there is a lack of trained professionals in ADR, particularly mediators and arbitrators.
This shortage can lead to a limited pool of experts available to handle disputes, particularly in
specialized areas such as commercial disputes.
Fourthly, there is a tendency among some parties to use ADR mechanisms to delay or obstruct
the resolution of disputes. This can result in prolonged and costly proceedings, which defeats
the purpose of ADR mechanisms.
Finally, while ADR mechanisms are meant to be faster and less expensive than traditional court
proceedings, this is not always the case. In some instances, ADR mechanisms can be more
time-consuming and expensive, particularly if they involve multiple sessions or require the
involvement of outside experts.