POKHARA UNIVERSITY

Level : Bachelor                                                                                                     Year          : 2016

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 figure in the margin indicate full marks.

                                                                  Section "A"                                       10*2                                  

                                                    Very Short Answer Questions

Attempts all the questions.

1. State two major sources of business law.

2. Yerina found a cell phone of Arun and returned to him. Arun promises to offer 1000 as reward. Is this valid? If so why?

3. Define gratuitous bailment contract.

4. Who is Pawner and who is pawnee?

5. Define parties to the contract of guarantee?

6. What are the types of Intellectual property?

7. Whatis the meaning of arbitration? Write any two features.

8. Define negotiable instruments.

9. Who is unpaid seller?

10. Write any two condition for voluntary liquidition.

                                                                   Section "B"                                                 6*10

                                                        Descriptive Answer Questions

Attempt any six questions.

11. What is the meaning of court system? Define the court systems in Nepal.

12. What is public limited company? How company is incorporated according to the company act 2063 Nepal?

13. What is finder of lost goods? What are the rights and duties of finder?

14. Give the concept of business law and explain its importance.

15. Explain patent and trademark as intellectual propertywith example.

16. what is the meaning of contract? What are the types of contract? Write with reference to Nepalese contract.

17. State some important provisions of Industrial Enterprise Act 1992.

 

18.                                                               Section "C"                                                                20

                                                                   Case Analysis

Mr. Suresh, a stationary shop owner entered into a contract with Arti Pvt Ltd, a manufactureebof stationary items for the purchase of stationary items worth Rs 1,00,000 for a conference to be held on January 1,2016. On the due date, Arti Pvt Ltd failed to supply the items to Mr Suresh rejected but promised to supply them on january 2. Mr. Suresh rejected it. He beame helpless and collected stationary items from various suppliers in the market on january 1, but he had to pay Rs 1,20,000 . He then approached the organizers of theconference with the items on january 2. But the conference organizers informed Mr.Suresh that the required stationary items were already accquired from another supplier because Mr Sresh failed to deliver them on January 1.

The organizers of the conference alleged that Mr. Suresh breached the written contract with them and claimed Rs 10000 as compensation from Mr. Suresh which Mr Suresh refused.

As a commercial lawyer, answer the following questions:

a) state the name of applicable law.

b) How many contracts have been made in this case?

c) Who are the parties to the contracts you have identified?

d) What do you understand by privity of contract?

e) Who are the parties who breached the contract?

f) What is breach of contract?

g) Name the types of remedies for breach of contract?

h) Which legal remedy do you think Mr. Suresh has against Arti Pvt Ltd for breach of contract? Discuss the remedy in detail.

i) What claims Mr Suresh has against Arti Pvt Ltd in the court of law? Give reason for your answer.

j) Is Mr. Suresh bound to pay Rs 10000 as compensation to the conference organizers? If the answer is Yes, can Mr. Suresh claim that amount from Arti Pvt Ltd? Give reason.