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JAIPUR NATIONAL UNIVERSITY, JAIPUR
School of Distance Education &
Learning
Internal Assignment No. 1
Bachelor of Business Administration Question
Question (BBA)-Retailing
Paper Code: BBA – 104
Paper Title: Legal Framework
Last date of
submission: Max.
Marks: 30
Note : Question
No. 1 is of short answer type and is compulsory for all the students. It
carries 1 Mark. Question Question (Word limits 50-100)
QUESTION. 1. Answer
all the questions:
Question (i) Define Coercion.
Answer: Coercion is "the
use of express or implied threats of violence or reprisal (as discharge from
employment) or other intimidating behavior that puts a person in immediate fear
of the consequences in order to compel that person to act against his or her
will." Actual violence, threats of violence, or other acts of
pressure may constitute coercion if they're used to subvert an individual's free
will or consent.
In legal terms, it's
often said that someone who's been coerced was acting under duress. In fact,
"duress" and "coercion" are often interchanged.
Question (ii) What do you mean by unpaid seller?
Answer: In every contract of
sale, a seller is under an obligation to deliver the goods sold and buyer is
under an obligation to pay the requisite amount set or quid pro quo i.e
something in return, under the contract of sale, by them. This is known as
reciprocal promise as per Section 2(f) of the Indian Contract Act. In other
words, any set of promises made which forms the consideration or part of the
consideration for each other are called reciprocal promises and every contract
of sale of goods consists of reciprocal promises.
In certain cases, when a buyer
Question (iii) Explain different types of partner.
Answer: 1. Working Partner
A Working Partner is one who contributes capital to the business and takes active part in its management. Hence, he is called
active partner.
2. Sleeping Partner
A
Sleeping Partner is one who contributes only capital to the business, but does
not take part in its management. He is also called dormant partner or financing
partner.
3. Nominal Partner
Question (iv) Explain duties of an agent?
Answer: Duties of agents
A principal has a right to sue
his agent for damages in case of breach of duty by the agent. The duties of
agents are:
1. As
per section 211, an agent shall act within the scope of authority that his
principal confers upon him. Also, he shall strictly follow the directions of
his principal. However, in the absence of express
Question (v) Explain National commission.
Answer:
Question (vi) What do you mean by consent?
Answer:
Question (vii) Define goods.
Answer:
Question (viii) What do you mean by lawful object?
Answer:
Question (ix) What do you mean by state commission?
Answer:
Question (x) Define pawn.
Answer:
Note: Answer any four
questions. Each question carries 5 marks Question (Word limits 500)
QUESTION. 2. Explain the characteristics of contract.
Answer: Meaning: The Central Government has to establish a consumer
disputes resolving agency at the national level. This is known as
"National Commission".
Formation: The National Commission shall consist of a president and
four other members to be appointed by the Central Government.
Qualification of Members: The president should be a sitting judge
or a retired Supreme Court Judge. The other four members, which includes one
woman should be well educated and having long experience in differ
QUESTION. 3. What
do you mean by consideration? Explain essential elements of consideration.
Answer: Consideration is
necessary for the formation of contract. Section 10 of the Indian Contract Act
1872 provides, " All agreements are
contracts if they are made by the free consent of the parties and competent to
contract, for lawful consideration and with a lawful object and are not hereby
expressly declared to be void. Section 25 of the said Act lays down the general
rule that " an agreement without consideration is void.
1)
Meaning
of Consideration :
QUESTION. 4. Explain
rights of consumer according to consumer protection act.
Answer: Consumer Protection Act
The Consumer Protection Act,
implemented in 1986, gives easy and fast compensation to consumer grievances.
It safeguards and encourages consumers to speak against insufficiency and flaws
in goods and services. If traders and manufacturers practice any illegal trade,
this act protects their rights as a consumer. The primary motivation of this
forum is to bestow aid to both the parties and eliminate lengthy lawsuits.
QUESTION. 5. Explain
essential element of valid contract.
Answer: 1. Offer and Acceptance
Basically, a contract unfolds
when an offer by one party is accepted by the other party . The accepted offer
should be without any qualification and be definite. An offer needs to be
clear, definite, complete and final. It should be communicated to the offeree.
A proposal when accepted becomes a promise or agreement. The offer and
acceptance must be ‘consensus ad idem’ which means that both the parties must
agree on the same thing in the same sense i.e. identity of wills or uniformity
of minds.
QUESTION. 6. Explain
the essential elements of bailment and pledge.
Answer: Bailment and Pledge are
two special contracts that are often confused. Every pledge is a bailment but
every bailment is not pledge[1]. Bailment means a delivery of goods from one
person to another for a special purpose. Whereas Pledge means delivery of goods
as security for the payment of debt or performance of a promise. Therefore,
Bailment & Pledge are two different contracts. Pledge is a special kind of
bailment.
Bailment
A bailment is a special contract
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students, get latest JNU MBA Solved assignments by professionals.
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