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Cases 4

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Q.1.

‘C’ guarantees A against trade debts to B contracted by B as a


running balance of account to any amount not exceeding Rs. 3,000 and
B becomes indebted to A for Rs.5,000. Afterwards, B is adjudged
insolvent and a dividend of 50 paise in the rupee is declared. State the
amount that A will get from C and from B’s estate.
Q.2. C contracts to lend B Rs. 5,000 on 1st April, 2011. A guarantees
payment. C pays Rs. 5,000 on 1st March, 2011. Is A liable if B makes a
default?
Q.3. C sells and delivers goods to P. S afterwards without consideration,
agrees to pay for them in default of P. Is the agreement valid and
enforceable?
Q.4. S stands as a surety for the good conduct of P who is employed in a
bank. P misappropriates some money but the bank excuses him without
informing S of P’s misconduct. P again misappropriates. Is S liable to
the bank?
Q.5. A lends his motor car to B for a drive by him only. B allows his
daughter C, who is an expert car driver to drive the vehicle. C drives the
car carefully but its axle suddenly breaks and the car is damaged. Is B
liable for the damage?
Q.6. A asked B, an expert driver, to drive his car in order to show off for
sale. B drove it unskillfully and collide it with a tree. Is B liable for the
loss?
Q.7. A gives some cloth to a tailor for making a suit of it. The tailor’s
charges are settled at Rs.150. After the suit is ready A tenders Rs.150 for
the charges but the tailor refuses to deliver the suit till A pays an old
debt of Rs.30. Is the tailor entitled to do so?
Q.8. A young couple invite a select gathering of relatives and friends for
a party at a hotel to celebrate the first anniversary of their marriage. The
attendant receives the umbrellas, walking sticks, etc., of the guests and
keeps them in a room. One of the guests finds, when about to depart, his
wife’s fancy umbrella missing. Advise him as to his loss?
Q.9. A enters into a contract with B for buying B’s car as agent for P
without authority. B repudiates the contract before P comes to know of
it. P subsequently ratifies the contract and sues to enforce it. Advise B?
Q.10. A power of attorney was given by P to A, his agent, to present a
document for registration. P died before the document was presented for
registration. The registrar was aware of the death of P and registered the
document. Examine the position.

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