POKHARA UNIVERSITY

Level: Bachelor                                  Semester: Spring                                   Year: 2023

Programme: BBA/BI/TT/BCIS/BHCM/BHM                                              Full Marks: 100

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

Time: 3 hrs. 

                                                          Section "A"

                                            Very Short Answer Questions

               Attempt all the questions. [10x2]

Attempt all the questions. [10×2]

1. State a constitutional provision pertaining to business in Nepal .

2. State 3 modes of creation of agency contract.

3. What are the duties of surety?

4. What is precedent?

5. State any two circumstances when a non-owner can pledge the goods. 

6. Give any two rights and duties of Finder of Lost Goods.

7. Point out any two features of negotiable instruments.

8. What are the modes of dissolution of a company?

9. Define concept of "lifting of the corporate veil".

10. Discuss the features of the TRIPS agreement.

                                                    Section "B"

                                     Descriptive Answer Questions

Attempt any six questions. [6×10]

11. How does a contract differ from an agreement? Discuss the factors that are essential for a valid contract.

12. What do you mean by the term foreign investment? What facilities are provided to the foreign investors under the foreign investment and technology transfer act of Nepal?

13. Briefly discuss the court system and civil procedure in Nepal.

14. State some important provisions of the industrial enterprise act. 

15. What are the rights and duties of an agent? Mention the circumstances under which the Agent will be personally liable for the agency business.

16. What are the various kinds of company meetings? Explain the provisions of the company act in relation to extraordinary general meetings.

17. a) Define the term "Negotiable Instruments". Discuss the modes for discharge of Negotiable Instrument. [5]

b) What measures has Nepal taken to ensure compliance with the TRIPS Agreement and strengthen its intellectual property regime? [5]

                                                  Section "C"

                                             Case Analysis

18. Read the case situation given below and answer the questions that follow: [10×2]

Mr. Johnson, a contractor, enters into a contract with Mr. Davis, a homeowner, to remodel Mr. Davis's kitchen. They sign a written contract that specifies the scope of work, the timeline for completion, and the total cost of the project. However, during the renovation, Mr. Johnson fails to meet several deadlines and performs substandard work, resulting in significant delays and additional expenses for Mr. Davis. Mr. Davis decides to take legal action, seeking damages for breach of contract.

 Questions:

a) Was there a valid contract between Mr. Johnson and Mr. Davis? 

b) Did Mr. Johnson breach the contract?

c) Can Mr. Davis seek damages for the breach of contract?

d) Is specific performance an available remedy in this case?

e) Can Mr. Johnson claim impossibility of performance as a defense?

f) Can Mr. Davis terminate the contract due to Mr. Johnson's breach?

g) Can Mr. Davis recover consequential damages?

h) Can Mr. Johnson seeks payment for work completed despite the breach?

 i) Can Mr. Davis hire another contractor to complete the project and seek reimbursement from Mr. Johnson?

j) Can the court award punitive damages in this case?