CUSTOMER_CODE
SMUDE
DIVISION_CODE
SMUDE
EVENT_CODE
JAN2016
ASSESSMENT_CODE BBA301_JAN2016
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
19806
QUESTION_TEXT
Explain the various types of contracts in detail.
SCHEME OF
EVALUATION
Types of Contract
1. According to enforceability by law (5*1=5 marks)
i.Valid contract : A contract or an agreement between two parties
becomes valid and enforceable by law when it fulfils all the essential
elements of a valid contract.
ii.Voidable contract : A contract that can be nullified at the option of an
authorised party is called a voidable contract.
iii.Void contract : ‘Void’ means ‘not binding in law’. ‘Void contract’ is
a contract which as no legal validity.
Iv.Unenforceable contract : An unenforceable contract is one which is
valid in itself, but is not capable of being enforced in a court of law.
v.Illegal or unlawful contract : A contract which violates the law of the
land is considered void ab-initio.
2. According to the mode of creation (4*1=4 marks)
i.Express contract : When both the offer and the acceptance constituting
an agreement enforceable by law are made in spoekn, or written words,
they form an ‘Express Contract’.
ii.Implied contract : Where both the offer and acceptance constituting
an agreement enforceable by law are made other than in words i.e., by
acts and conduct of the parties, it is an implied contract.
iii.Constructive or Quasi contract : When the law infers or recognises a
contract under certain special circumstances even though the parties
have not made an agreement, express or implied, it is called a Quasi or
constructive Act.
iv.Wagering and Contingent contract - A wager is abet. Wagering
contract promises to give money or money’s worth upon the
determination of an uncertain event like a lottery.
3. According to the extent of execution (2* 1/2 =1 marks)
i.Executed contract : When both the parties to a contract have
completely performed their share of obligations, the contract is said to
be executed.
ii.Executory contract : A contract is said to be executory when all the
obligations and terms have not yet been fully carried out by either or
both the parties to a contract
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
19807
QUESTION_TEXT
What are the rights and duties of a partner enumerated under the Indian
Partnership Act, 1932?
SCHEME OF
EVALUATION
Rights and Duties of Partners
Sections 9 and 10 of the Act lays down the basic duties of every partner
and these duties are not subject to any contract. Therefore, partners are
bound to carry on the business of the firm to the greatest common
advantage, to be just and faithful to each other and to render accounts
and full information of all things affecting the firm or to any partner or
legal representative.
Rights of the Partners (5*1=5 marks)
1.Right to participate in the management
2.Right to share in profits.
3.Right to indemnity.
4.Right to share in property.
5.Rights of an outgoing partner.
Duties of the Partners (5*1=5 marks)
1.Duty of good faith
2.Duty to indemnify for loss caused by fraud
3.Duty of partners not to compete with firm
4.Duty of partners to render accounts
5.Determination of rights and duties of partners by contract between the
partners
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
72705
QUESTION_TEXT
What are the different types of cyber crimes which are
committed?
SCHEME OF
EVALUATION
1.
2.
a.
b.
c.
d.
e.
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
124878
QUESTION_TEXT
What are the salient features of the Competition Act, 2002?
Computer as a target
(2 marks)
Computer as a weapon
Cyber terrorism
e-mail spoofing
8 marks
e-mail spamming
e-mail bombing
Sending threatening e-mails
1.
Anti competition agreement (4 marks)
2.
Abuse of dominance
3.
Combinations regulation
4.
Competition advocacy (6 marks)
SCHEME OF EVALUATION
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
124881
QUESTION_TEXT
Explain the objectives of central consumer protection councils.
1.
Rights to safety (2 Mark Each any Five points)
2.
Rights to be informed
3.
Right to choose
4.
Right to be heard
5.
Right to seek redressed
6.
Right to consumer education
SCHEME OF EVALUATION
QUESTION_TYPE
DESCRIPTIVE_QUESTION
QUESTION_ID
124882
What is meant by trade mark? List out features of Trade Mark Act 1999.
QUESTION_TEXT
( Meaning 2 marks; 8 features 1 marks each)
Meaning: - A graphical representation along with logo type which forms a trade
mark of a commercial brand
Features:-
SCHEME OF
EVALUATION
1.
Multi class application allowed in India
2.
Classification of goods and services according to
trademark
3.
Prior use of trade mark is not mandatory for filing. Therefore application can
be filed though an agent
4.
Power of attorney is required provided it is filed
through an agent
5.
A trade mark may b subject to removal on the grounds of non use , if it is not
used for a continuous period of five years
6.
The registration is valid for 10 years from the date of application and can be
subsequently renewed after every 10 years by a payment of renewal fees