Question
Use bullet lines for solving questions Q1: What is contract of guarantee and differentiate b/w Specific and continuing guarantee, identify which example given below is
Use bullet lines for solving questions
Q1: What is contract of guarantee and differentiate b/w Specific and continuing guarantee, identify which example given below is case of specific and continuing? (5 Marks)
Example1: A, in consideration that B will employ C in collecting the rent of B's zamindari promises B to be responsible, to the amount of Rs. 5,000, for the due collection and payment by C of those rents.
Example 2: A guarantees payment to B of the price of the five bags of flour to be delivered by B to C and to be paid for in 3 months. B delivers five bags to C; C pays for them.
Q2: Explain what different ways contract is discharged, the following examples are case of contract discharged with agreement, so what different options are avaible in agreement with which contract is discharged, select relevant example from the examples given below with proper explanation to each? (40 Marks)
EXAMPLE 1: A owes money to B under a contract. It is agreed between A, B and C that B shall now accept C as his debtor; instead of A. The old debt of A to B no longer exists and a new debt from C to B has been contracted.
Example 2: A promises B to sell and deliver 500 Bales of cotton on 1st November at his warehouse and B promises to pay for goods on 1st December. A does not supply the goods. B may rescind the contract.
Example 3: X promise to sell and deliver 500 bales of cotton, on 1st November and Y promises to pay for goods on 1st December. Afterwards, X and Y mutually decide that the goods shall be delivered in five equal instalments at Z's godown. Here, original contract has been discharged and a new contract has come into effect.
EXAMPLE 4: A owes B Rs.5, 000. C pays to B Rs.1, 000, and B accepts them in satisfaction of his claim on A. This payment is a discharge of the whole claim.
Q3: Explain the term in the given space in table give example to each (40 Marks)
Express contracts:
Implied contracts:
Quasi contracts:
Valid contract:
Executed contract:
Executory contract:
Bilateral contract:
Unilateral contract:
Q4: Why in the following example A is restrain from doing so, what happened or what is legal situation in this case? (5Marks)
EXAMPLE: A agreed to play cricket for Apple Cricket Club during the contract period of 3 years. During the contract period, A made a contract with Orange Cricket Club and refused to play cricket for Apple Cricket Club. Here, A could be restrained from doing so.
EXAMPLE 1: A beats B and compels him to sell his bike for Rs. 20,000.
Q5: Is this a valid contract? Which party can sue the guilty party in case if the contract not valid? (5 Marks)
EXAMPLE 2: A, who knows that B has stolen goods amounting to Rs.500,000, receives Rs.100,000 from B in consideration of not exposing A.
Q6: Why this contract is not valid discuss the legal aspect for the contract to be valid? (5 marks)
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