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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:
- 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.
- 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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