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    List of Questions

    Uploaded by

    Ayush Bakshi
    The document outlines key concepts in contract law, partnership law, company law, and other commercial laws in India. Some of the essential elements and differences highlighted include: - The elements of a valid contract include offer, acceptance, consideration, capacity of the parties, legality of objects and free consent. - A contract requires consideration while an agreement does not. - A void contract is invalid from inception while a voidable contract can be ratified or rescinded. - Guarantees and indemnities differ in that guarantees protect against failure of performance while indemnities protect against loss or damages. - Bailment involves the delivery of goods by one person to another but does not require a contract

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    © All Rights Reserved
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    List of Questions

    Uploaded by

    Ayush Bakshi
    74 views3 pages
    The document outlines key concepts in contract law, partnership law, company law, and other commercial laws in India. Some of the essential elements and differences highlighted include: - The elements of a valid contract include offer, acceptance, consideration, capacity of the parties, legality of objects and free consent. - A contract requires consideration while an agreement does not. - A void contract is invalid from inception while a voidable contract can be ratified or rescinded. - Guarantees and indemnities differ in that guarantees protect against failure of performance while indemnities protect against loss or damages. - Bailment involves the delivery of goods by one person to another but does not require a contract

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    The document outlines key concepts in contract law, partnership law, company law, and other commercial laws in India. Some of the essential elements and differences highlighted include: - The elements of a valid contract include offer, acceptance, consideration, capacity of the parties, legality of objects and free consent. - A contract requires consideration while an agreement does not. - A void contract is invalid from inception while a voidable contract can be ratified or rescinded. - Guarantees and indemnities differ in that guarantees protect against failure of performance while indemnities protect against loss or damages. - Bailment involves the delivery of goods by one person to another but does not require a contract

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views3 pages

    List of Questions

    Uploaded by

    Ayush Bakshi
    The document outlines key concepts in contract law, partnership law, company law, and other commercial laws in India. Some of the essential elements and differences highlighted include: - The elements of a valid contract include offer, acceptance, consideration, capacity of the parties, legality of objects and free consent. - A contract requires consideration while an agreement does not. - A void contract is invalid from inception while a voidable contract can be ratified or rescinded. - Guarantees and indemnities differ in that guarantees protect against failure of performance while indemnities protect against loss or damages. - Bailment involves the delivery of goods by one person to another but does not require a contract

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    PLEAINDIAN CONTRACT ACT

    PART I

    1. What are the essential elements of a valid contract? (Section 10) (Interview)
    2. Is consideration necessary for a contract? (Interview)
    3. What is the difference between an agreement and a contract? (Interview)
    4. What is the difference between a void and voidable contract?
    5. Is a contract with a minor valid? (Interview)
    6. Difference between rescind, repudiate and revocation
    7. What is anticipatory breach of contract?
    8. Modes of discharging a contract
    9. Difference between damage and damages (Interview)
    10. Difference between loss and losses (Interview)
    11. Different forms of compensation
    12. Difference between contract of service and contract for service
    13. What is a promissory estoppel.

    GUARANTEE AND INDEMNITY

    14. Difference between guarantee and indemnity (Interview) (Both interviews)


    15. How do you enforce a guarantee or indemnity (Interview)
    16. What is a bank guarantee?
    17. Is the liability of a surety coextensive with the judgment debtor? (S128; yes. It means that
    upon breach, both guarantee and surety will become co – judgment debtors)

    BAILMENT

    18. What is bailment?


    19. Different forms of bailment (See wiki page of Coggs v Bernard)
    20. Is a contract necessary for bailment?
    21. Difference between bailment and sale
    22. What is the duty of care imposed on a bailee
    23. What is lien (general lien and particular lien)
    24. What are the requirements to impose a particular lien
    25. What is a pledge, pledgee, pawnbroker, pledgor?
    26. Rights of a pledge –(special right- more than lien but less than mortgage. General rights
    still vest with owner. Check this)
    27. Difference between lien and pledge, pledge and mortgage
    28. Difference between pledge and mortgage

    AGENCY
    29. Who is a mercantile agent
    30. Will the principle be responsible for a sub agent
    31. What is agent’s lien
    32. Difference between agent and servant

    INDIAN PARTNERSHIP ACT

    33. What is a partnership


    34. What is the nature of liabilities of partners
    35. Does a partnership have to be in writing? (I think yes)
    36. What is the nature of liabilities in an LLP (Trilegal Test)
    37. What is holding out under the Partnership Act (S28) Also, can a retired partner be liable
    (S32)
    38. Can a minor be a partner (S30)
    39. What is partnership at will (S7 I think) (Interview)
    40. How does a partner in a partnership at will resign (Interview)

    SALE OF GOODS
    41. What is difference between hire purchase agreements and sale
    42. Difference between conditions and warranties (S12)
    43. Difference between sale and service
    44. What is the principle of caveat emptor (Hasenbhoy Jetha, Bombay v New India
    Corporation Ltd. – case brief or internet will do ) (There is a diff between Indian law and
    common law on this matter) (Trilegal test)

    COMPANIES ACT
    45. What is the difference between a public company and private company (Interview)
    46. Difference between company ad partnership
    47. When does it become an illegal associating of person
    48. What is a prospectus and a statement in lieu of prospectus?
    49. Certificate of registration or certificate of commencement.
    50. What are MOU and AOA (what do they contain)
    51. How do you alter the same (special or general resolution and who alters directors,
    shareholder?)(Interview)
    52. What type of resolution do you need to increase the capital in the capital clause in the
    AOA (Interview)
    53. What are the different types of shares (Interview)
    54. What are the different types of preference shares and what is the difference between them
    (Interview)
    55. What is- statutory meeting, general meeting and EGM
    56. Different types of directors? Can a managing director be a director of more than one
    company? (Not sure of this question. See taxxmann. It talks about managing director,
    independent director, full time director etc etc)
    57. What is the procedure for merger of company (Interview)
    58. What is the procedure to be followed for hiving off (Interview)
    59. What is demerger
    60. What type of resolution do you need for merger (Interview) (I’m not sure if there is a
    difference between 2/3rd majority and special resolution – find out. Also keep in mind if
    the voting is b/w directors or shareholders) (Interview)
    61. Difference between special resolution and ordinary resolution (Interview)

    TOPA AND GENERAL QUESTIONS FROM MY INTERVIEW

    62. What is the difference between simple mortgage and English mortgage (S 57) (Interview)
    63. You are given a MOA and AOA. The name of the company is blacked out. Is it a pvt co
    or public co
    64. There is a company with 30 members and 5 crores as share capital. Is it a pvt co or public
    co
    65. When a foreign entity wants to invest in India does it buy shares or bonds or what (not
    sure of this question)

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