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SUBJECT- LAW & BCR

Test Code – CNP 2212
(Date :)
(Marks - 100)
TOPIC : FULL COURSE
Time allowed – 3 hours

Question No. 1 is compulsory.

Attempt any four questions from the remaining five questions.

SECTION A : BUSINESS LAWS

Time Allowed: 3 Hours

QUESTION : 1(A)
Mr. Rich aspired to get a self-portrait made by an artist. He went to the workshop of
Mr. C an artist and asked whether he could sketch the former’s portrait on oil painting
canvass. Mr. C agreed to the offer and asked for Rs. 50,000 as full advance payment for the
above creative work. Mr. C clarified that the painting shall be completed in 10 sittings and
shall take 3 months.
On reaching to the workshop for the 6th sitting, Mr. Rich was informed that Mr. C became
paralyzed and would not be able to paint for near future. Mr. C had a son Mr. K who was
still pursuing his studies and had not taken up his father’s profession yet?
Discuss in light of the Indian Contract Act, 1872?
(i) Can Mr. Rich ask Mr. K to complete the artistic work in lieu of his father?
(ii) Could Mr. Rich ask Mr. K for refund of money paid in advance to his father?
(4 MARKS)
QUESTION : 1(B)
Explain the concept of corporate veil and explain the circumstances when corporate veil can
be lifted by the courts.
(4 MARKS)

QUESTION : 1(C)
Mrs. G bought a tweed coat from P. When she used the coat she got rashes on her skin as
her skin was abnormally sensitive. But she did not make this fact known to the seller i.e.
P. Mrs. G filled a case against the seller to recover damages. Can she recover damages
under the Sale of Goods Act, 1930?
(4 MARKS)

QUESTION : 2(A)
(I) P left his carriage on D’s premises. Landlord of D seized the carriage against the rent
due from D. P paid the rent and got his carriage released. Can P recover the amount
from D?
(3 MARKS)
(II) Mr. Samant owned a motor car. He approached Mr. Chhotu and offered to sell his
motor car or Rs. 3,00,000. Mr. Samant told Mr. Chhotu that the motor car is running
at the rate of 30 KMs per litre of petrol. Both the fuel meter and the speed meter of
the car were working perfectly. Mr. Chhotu agreed with the proposal of Mr. Samant
and took delivery of the car by paying Rs. 3,00,000/- to Mr. Samant. After 10 days,
Mr. Chhotu came back with the car and stated that the claim made by Mr. Samant
regarding fuel efficiency was not correct and therefore there was a case of
misrepresentation. Referring to the provisions of the Indian Contract Act, 1872,
decide and write whether Mr. Chhotu can rescind the contract in the above ground.
(4 MARKS)
QUESTION : 2(B)
Explain the concept of Designated partners and rules related to Designated Partners under
the LLP Act, 2008.
(5 MARKS)
QUESTION : 3(A)
(I) What is wagering agreement? Explain the transactions that are similar to wager but
NOT void. (4 MARKS)
(II) Explain the limitations of Implied authority as per Indian Partnership Act, 1932.
(4 MARKS)
QUESTION: 3(B)

A, B and C are partners in a firm. As per terms of the partnership deed, A is entitled to 20
percent of the partnership property and profits. A retires from the firm and dies after 15
days. B and C continue business of the firm without settling accounts. Explain the rights of
A’s legal representatives against the firm under the Indian Partnership Act, 1932?
(4 MARKS)
QUESTION: 4(A)

Mr. D sold some goods to Mr. E for Rs. 5,00,000 on 15 days credit. Mr. D delivered
the goods. On due date, Mr. E refused to pay for it. State the position and rights of Mr. D as
per the Sale of Goods Act, 1930
(6 MARKS)
QUESTION : 4(B)
Ms. Lucy while drafting partnership deed taken care of few important points. What are
those points? She want to know the list of information which must be part of
partnership deed drafted by her. Also, give list of information to be included in
partnership deed? (6 MARKS)

QUESTION : 5(A)

X agreed to purchase 300 tons of wheat from Y out of a larger stock. X sent his men with
the sacks and 150 tons of wheat were put into the sacks. Then there was a sudden fire and
the entire stock was gutted. Who will bear the loss and why?
(5 MARKS)
QUESTION : 5(B)
Briefly explain the doctrine of “ultravires” under the Companies Act, 2013. What are the
consequences of ultravires acts of the company?
(7 MARKS)
QUESTION: 6(A)
What is Quasi Contract? Explain the cases deemed to be Quasi Contract.
(6 MARKS)
QUESTION : 6(B)
“Indian Partnership Act does not make the registration of firms compulsory nor does it
impose any penalty for non-registration.” In light of the given statement, discuss the
consequences of non- registration of the partnership firms In India? And Rights not affected
by the non-registration.
(6 MARKS)

SECTION : B BUSINESS CORRESPONDENCE AND REPORTING

Max Marks : 40 Marks

The Question Paper comprises 5 questions of 10 Marks each. Question No. 1 is
compulsory. Out ofquestions 2 to 5, attempt any three.

QUESTION : 7(A)
Passage 1
Read the passage carefully and answer the questions that follow:
‘The difference between technology and slavery is the slaves are fully aware that they
are not free’ NassimNicholas Taleb
How is technology impacting our lives? Many research studies are seeking answers to this
question and coming up with data and information that is worrisome. As the human race
increasingly depends on devices for work and leisure, technology invades every aspect of
our lives. We have appliances in our kitchens and homes, machines and computers in
offices, and of course, and innumerable gadgets without which people feel lost and
incomplete.
In fact, we now try to measure every aspect of our lives with gadgets and gizmos available in
the market. These health devices can track routine activities like sleep, exercise, diet,
heartbeat, breathing rate, steps taken, water intake and every conceivable aspect of life.
Health and fitness is measured by a smart watch, fitness band and other wearable apps
available in the market. Though many of these apps are truly useful to measure health
parameters like blood pressure, heart rate, etcetera for the ailing; they have begun to
dominate the lives of people for whom it becomes their personal health information
guru. If the health parameters do not match the desired outcome of the application they
are using, it causes anxiety and stress. Many health freaks end up with obsessive-compulsive
disorders.
Several psychiatrists disapprove of our dependence on gadgets to assess our health. They
refer to it as the over monitoring syndrome. Instead of listening to our own bodies, which
are best judges of our physical and mental health, we look at the numbers on the gadget to
tell us whether we had a good workout or sufficient and restful sleep at night. Since every
human being is different, can an app accurately match and measure the parameters of each
individual using it? Another downside is that instead of enjoying the simple health benefits
and pleasure of a sport/ workout, the completion of the target becomes the focal point of
the exercise.

The advice given by medical practitioners is that a healthy life is judged by your physical,
mental and social wellbeing and not machines of any kind. So use gadgets judiciously and
do not let them dictate your life.
Q1. Health devices are useful for
(a) checking our moods
(b) keeping fit and happy
(c) keeping a track of everyday activities like exercise, sleep etc.
(d) monitoring work and leisure activities
Q2. Medical practitioners’ advise that we should measure health by
(a) physical fitness
(b) mental fitness
(c) social wellbeing
(d) all of the above
Q.3. The drawbacks of health devices are
(a) they are too bulky.
(b) they are very costly.
(c) they cause pressure and anxiety in users.
(d) they are a cause of too much distraction.
Q4. We should assess our health by
(a) using health gadgets which measure all our parameters.
(b) talking to a doctor.
(c) listening to our own body.
(d) asking family and health experts.
Q5. Find words in the passage which are similar in meaning to the ones given below
(a) Dimensions
(b) Supervising or overseeing
(5 MARKS)

QUESTION : 7(B)

Read the following passages carefully and make notes on it, using headings, sub-
headings, etc. Use abbreviations wherever necessary. Use a format you consider suitable.
Supply an appropriate title to it. Also write a summary.
Swimming pools were once considered a luxury limited only to the rich. Today, thanks to
plastics and plenty, they number in the millions. Few, of course are of Olympic size where a
swimmer can quickly do his laps and stay in shape. Most are above-ground, round mini-
pools, line for a cool-off and a’ frolic. But, health experts have come to realize that exercises
created especially for such swimming pools can tone the muscles, strengthen the heart and
pacify the spirit of people of all ages and conditions. And these exercises aren’t restricted to
small pools alone. Any type of pool, including a crowded municipal one, will do.
Designer of the principal popular exercises is C. Carson Conrad, executive director of the
California Bureau of Health. Physicians approve of Conrad’s exercises for three reasons.
First, since water pressure, even on a non-moving body, stimulates the heart to pump blood
throughout the body, exercise in the water promotes thorough circulation still more
effectively.
Second, water exercise is rhythmic. And continuous, rhythmic exercises, authorities
agree, are one of the best defenses against circulatory ailments which might cause
athersclerosis, often the precursor of coronary attacks and strokes.

Third, water exercise can be enjoyed with benefit by both young and old, healthy and infirm,
swimmers, and in shallow water, non swimmers. Dr. Ira H. Wilson and Fred W. Kasch, a
physician-and-physiologist team, assert that even persons with paraplegia, rheumatic heart,
asthma, emphysema, victims of polio or strokes, or amputation can exercise in water and
enjoy weightless movement. Arthritics move easily under water. Some physicians use
hydrocalisthenics for their cardiac patients.

At the University of Illinois Prof. Richard H. Pohndori studied the effect of water exercise on
a “typical” couple. He chose as subjects a man-and-wife team of physicians, 43 and 41
years old respectively, who had been sedentary for years. His program was simple: “Swim
from one end of the pool to the other until you can swim 1000 yards a day. Swim every day
for ten weeks.” Before they started, the couple took 151 physical tests. At the end of ten
weeks, they were tested again: their pulse rate had dropped, their rate of breathing had
dropped, their blood pressure had come down to normal, the cholesterol level in their blood
had dropped 20 percent. Further, more than half of the broken blood vessels disfiguring
the woman’s thighs had vanished, her husband had improved in all his physical-fitness
tests; he reduced the size of his heart, making it more efficient. Both felt younger, more
vigorous.
(5 MARKS)
QUESTION: 8(A)
Mention the networks used in communication. Which is the most effective for team
work and why?
(2 MARKS)
QUESTION : 8(B)

Classify the following sentences as Simple, Compound, Complex, or Compound-

Complex.
(I) Go to the store and get some milk, as I must have your cake baked in time for the
party. (1 MARKS)

(II) Mr. Jones has a lot of books, he is well informed about current events. (1 MARKS)

(III) Rewrite the following sentences in the active voice

The place where he lived had been converted into a hotel by the trustees(1 MARKS)

QUESTION : 8(C)

Read the following article and write a précis for the following.
After a lull in hiring due to the lockdown and the effect of the COVID-19 pandemic on the
Indian economy, things have started looking up as there are signs of revival. While many
organisations had stalled their hiring for the initial few months of the pandemic, the same
has recently picked up for many industries such as pharmaceuticals, healthcare,
ecommerce, ed-tech and the IT and IteS segments. According to the recent Naukri Job Speak
Index, September saw a 24 per cent improvement in hiring activity as compared to August.
In addition, though hiring activity in September declined by 23 percent versus last year, the
trajectory of decline has become less steep with an improvement in every subsequent
month.
Metros that were reeling under various lockdown measures earlier have posted strong
double digit growth in September as against August, with Pune leading the pack followed by
Hyderabad, Chennai and then Bengaluru. Tier-2 cities like Ahmedabad, Chandigarh, and
Jaipur have also seen a significant uptick in the hiring activities. Hiring grew across the board
in terms of experience bands. (Source: The Week)
(5 MARKS)
QUESTION : 9(A)

(I) Based on communication channels, what are the different kinds of

communication methods? Explain.
(2 MARKS)
QUESTION : 9(B)

(I) In the following questions choose the word which best expresses the meaning of the
given word

Myriad
a) Many b) A disease c) Dramatic d) Confusion
(1 MARKS)
(II) Select a suitable antonym for the word given in question.

Propriety
a) Indecency b) Charming c) Property d) Appropriate
(1 MARKS)
(III) Change the following sentences to indirect speech.

The man said, “Is your father at home?”

(1 MARKS)
QUESTION : 9(C)
Imagine yourself as the Sr. Manager, of a company called Direct Solutions. One of your
clients had ordered few software products, which you have delivered. However, only half
the payment has been received. In spite of repeated e-mails and phone calls, the client
has not cleared the pending payment.
Draft a recovery letter for the same, referring to dire consequences that could be taken in
case of unfulfilled payment.
(5 MARKS)
QUESTION : 10(A)
What are barriers in communication? In an organisation which barrier, according to
you, impedescommunication the most?

(2 MARKS)

QUESTION : 10(B)
Rewrite the following sentences in passive voice
a. Mom read the novel in one day.
b. FCS are only marketing their new dental equipment in Europe
c. The crew paved the entire stretch of highway.
(3 MARKS)

QUESTION : 10(C)
Write articles on the following topics in about 200 -250 words.

Growing health problems in the youth today: Causes and Consequences

(5 MARKS)

QUESTION : 11(A)
What is the ‘chain of command’ in communication? What are its drawbacks?
(2 MARKS)

QUESTION : 11(B)
(I) Select the correct meaning of the idioms/phrases given below. (1 MARKS)

1) A far cry
a) Shout loudly
b) To break silence
c) Disappoint
d) Very different

(II) Select the correct meaning of the idioms/phrases given below. (1 MARKS)

1) To grease the palm

a) To eat butter
b) To offer bribe
c) To swim in deep sea
d) To be in deep thought
(III) Select the suitable substitute for the word in italics in the sentences given
below. Ensure that the meaning of the sentence does not change. (1 MARKS)

1) The demure actress has won the hearts of the public.

a) bold b) shy c) versatile d) legendary
 (IV) Select the suitable substitute for the word in italics in the sentences given
below. Ensure that the meaning of the sentence does not change. (1 MARKS)

1) Finishing the ten-page home work in two days is a tedious job.

a) easy b) common c) tough d) boring

QUESTION : 11(C)

University of Mumbai, advt. No TAAS - O1/2020-21

Walk in interview Online applications are invited for the part time Accountant posts in the
University Departments purely on temporary basis for a period of 11 months. Interested
and qualified candidates are requested to be present at the University of Mumbai,
Convocation Hall, M.G. Road, Fort, Mumbai 400032 at their own cost. Last date is 1st Nov
2020. Details are available at the following website www.muonline.org.in

Write a chronological résumé and a covering letter.

(4 MARKS)