Published by: Dikshya
Published date: 04 Apr 2023
POKHARA UNIVERSITY
Level: Bachelor Semester-Spring Year : 2017
Programme: BBA/BBA-TT 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 indicate full marks.
Section "A"
Very Short Answer Questions
Attempt all the questions. 10×2
1. What do you mean by business law? Discuss two sources of Nepalese Business law.
2. State the constitutional provisions pertaining to business in Nepal.
3. Mahesh offered to sell his car to Hari for Rs. 5,00,000. Hari accepted the offer by post. After dropping the letter of acceptance in the post office, he sends an email revoking the acceptance and naturally the notice of revocation reached to the offerer earlier than the letter of acceptance. Is the revocation of acceptance valid?
4. Who is an unpaid seller? Write two rights of an unpaid seller against the buyer personally?
5. State the repatriation facility provided by Foreign Investment and Technology Transfer Act, 1992.
6. What do you mean by patent? Mention the term of protection of patent under Nepalese law.
7. What is a company? Write any two features of incorporated company.
8. Write about the appointment of a worker.
9. State any three modes of creation of an agency.
10. Mohan lends a car to Ashishh for his own riding only. Ashish allows Hari, one of his friends to ride the car.Hari rides the car but the car accidently falls and is damaged.Is Mohan entitled to claim compensation from Ashish?
Section "B"
Descriptive Answer Questions
Attempt any six questions 6*10
11. Explain the concept of Business Law and state its importance.
12. What do you understand by contract? Explain the essential elements of a valid contract?
13. Explain the implied condition and warranty in a sale of goods contract and state the consequences of their breach.
14. What do you mean by liquidation? Explain the process of voluntary Liquidation according to the company act 2063 Nepal?
15. Point out the major features of the Labour Act of Nepal.
16. What do you understand about intellectual property? Describe the types of intellectual property.
17. What do you mean by Arbitration? Discuss the powers and duties of the Arbitrator in line with the Arbitration Act of Nepal.
Section “C”
Case Analysis
18. Read the case situation given below and answer the questions that follow.
A singer enters into a contract with B, the theatre mariager of theatre to sing at the theatre two nights every week during the next two months and B engages to pay her @ Rs. 10,000 for each night on completion of the contract. Answer the following questions based on the alternative situations mentioned hereunder.
a) What do you mean by breach of contract?
b) On the sixth night if A willfully absents herself from the theatre and wants to sing on the seventh night but B does not allow her to sing on the seventh night. Is B entitled to do so? Justify.
c) On the sixth night A is suffering from a serious illness and unable to sing. Is A responsible for breach of contract?
d) If B allows to perform on the seventh night what would be the consequences?
e) What do you mean by quantum meruit?
f) On the sixth night if A dies before she sings. What would be the consequence of the contract after her death?
g) On the sixth night if B fails to manage theatre performance by cut off electricity. Is A is entitled to claim compensation for loss faced by her due to failure of B to organise the event? h) State the conditions where the court may refuse to grant an order of specific performance.
i) By singing in the fifth event if A refuses to sing in subsequent events, can B seek the remedy of specific performance against A? Justify.
j) What is the nature of breach in respect of case 'b.