POKHARA UNIVERSITY

                                                                    Semester : Fall

Level : Bachelor                                                                                                       Year          : 2020

Programme :BBA/BCIS?IT                                                                                      Full Marks : 100

Course : Legal Aspects of Business and Technology                                               Pass Marks: 45

                                                                                                                                   Time         : 3hrs

Candidates are required to give their answers in their own words as far as practicable.

The figures in the margin indicates full marks.

                                                              Section "A"

                                                 Very short Answer Questions                                              10*2

Attempt all the questions.

1. Civil law and criminal law are different in various aspects. State two majpr differences.

2. Ajay's father promises his son Deepak to sell his car and provide finance for his MBA education. Deepak promises to perform his best. Ajay decides not to fund Deepak's education. Deepak alleged his father that he breached the contract. As per the law of contract, this is not considered contract. As per the law of contract, this is not considered contract. Give reasons to justify this.

3. Distinguish between void and voidable contract.

4. Point out two distinctions between 'sale' and 'agreement to sell'.

5. What are minutes and resolutions of a company?

6. What do you mean by intellectual property?

7. State the scope of cyber law?

8. Board of Directorsmwhen managing a company's could be liable in certain situations. State any two situations in which they could be made liable.

9. Define holder and holder in due course as per Negotiable Instruments Act, 2034.

10. State two important provisions relating to the appointment of arbitratiors in arbitration under Arbitration Act, 2055 B.S.

                                                                  Section "B"

                                                    Descriptive Answer Questions                                             6*10

Attempt any six questions.

11. What is an acceptance? Who cam accept an offer? Write the riles regarding the acceptance as per Nepalese Contract Law.

12. Who is an up-paid seller? Discuss the rights of an unpaid seller and therights of buyer in different circumstances.

13. What do you mean by contract of agency? Discuss the various medes of creting agency.

14. Intllectual Property Rights (IPRs) are giving more popularity in the recent time in Nepal also. So many cases of its violation have been reported. Discuss important provisions relating to protection provided to trade marks in Nepal under oatent, Design and Trade Mark Act, 2022 B.S.

15. What are the faciliates provided to the foreign investors for investing their capital in Nepal? Discuss.

16. What do you mean by Arbitration? Discuss the importance of arbitration in business and business law.

17. Recently enacled Labour Act, 2074 B.S. governs employment relationship in the private sector in Nepal, Whay kinds of employment benefits that an employer must provide to its employees as per the provisions of the Act. Discuss briefly.

                                                                   Section "C"

                                                                 Case Analysis                                                        20.

18. Read the case situation given below and answer the questions that follow:

Bina Garments Export Pvt. Ltd is a well established Nepali company operating its business in a number of countries in Europe. In 2018, Bina Garments recieved a huge order from Volker Clothing company operating in Germany to make banana fiber ladies sweaers specially available in Nepalese villages in the Teria region.Bina Garments entered into a contract with Volker for an export of 2000 pieces of sweaters on March 1, 2018. The contract deadline for the supply of the goods was May 31, 2018. the export price per sweater agreed between the parties was NRs 3.000.

Accordingly, Bina Garment entered into contract with Janakpur Handicraft Pvt.Ltd which is widely known for the production of banana fiber sweaters and other products. Janakpur Handicraft agreed to complete the production of 2000 sweaters by April 28, 2018 so that Bina Garment will be able to supply the goods to Volker on time. It takes 25 to 30 days for the shipment of the goods to Germany. However, Janakpur Handicraft failed to finish the goods for Bina Garments by April 28, Accordingly, Bina Garments missed the deadline for the delivery of goods tp volker. Volker cancelled the contract with Bina Garments and claimed NRs 1 million as stated in the contract as compensation.

As a result of which Bina Garments sued Janakpur Handicraft for the breach of contract. Bina Garments claimed NRs. 1.2 million as a loss of profit and Nrs. 1 million which Bina Garments is required to pay as damage to Volker under the contract entered for export. However, Janakpur handicraft was not at all informed by Bina Garments about the NRs 1 million, the damage required to be paid to Volker in case of default at the time of entering into contract by BIna Garments.

Janakpur Handicraft agreed to pay 1.3 million as damage for the loss of profit but refused to pay another 1 million as claimed bt Bina Garments arguing that it was not informed prior to the making of the contract. Based on the case, answer the following questions:

a.) Who are the contracting parties in two contracts mentioned in the case above? Identify separately.

b) As referred in this case, what does damage in the contract law mean? Define.

c) How many types of damage are there in the contract law? State the names.

d) What kind of damage is the loss of profit which Janakpur Handicraft agreed to pay to Bina Garments? Explain.

e) Janakpur Handicraft is right in refusing to pay 1 million to Bina Garments which Volker has claimed from Bina Garments as compensation for the failure to deliver the goods on time.

   i. What kind of damage is this? Explain.

  ii. Why is Janakpur Handicraft right in refusing to pay the amount to Bina Garments? Give reasons.