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Internal
Assignment Applicable for April 2018 Examination
Business
Law
1. Explain which type of contract does an
Insurance falls under. Also, please explain the features of such contract along
with rights of an Insurer and Insured vis-à-vis the type of contract entered.
2. Competition law is a specific law
which was passed in 2002 and called as “The Competition Act”. It aims at
promoting sustainable competition between the various market parties and
protect the interests of customers. It also ensures that the freedom to carry
out a trade by each party in the market is maintained. It avoids any player
from carrying out any activities which have an “adverse appreciable effect on
the competition”. Under this law, the Competition Commission of India has been
established which is aimed at preventing those activities that have an adverse
effect on competition in India. Please describe atleast 2 cases in which
Competition Commission of India has prevented adverse effect on competition in
India. (For each case please present an introduction, facts and the order
passed in the case) (10 Marks)
3. Amar had gone to buy Crockery from a
Mall. He impulsively selected the crockery from the display area and proceeded
to the billing counter. The crockery was from the stock clearance sale and
therefore there was no guarantee or warranty on the goods. He paid the amount
and left the Mall. Upon exiting the mall he realized that the crockery selected
by him suffered from some defects. He went back to the shop and asked to
replace the goods, the shopkeeper refused stating that there was no guarantee
or warranty and hence was not liable to replace or give any refund. Please
advise Amar
a. Can Amar insist on his claim to
replace the goods. Please give reasons for your answer and explain the
underlying legal principle. (Please provide an introduction, to your answer
along with reasoning and underlying principle)
b. Assuming, “if Amar had not selected
the goods but had informed the shopkeeper about his requirement and based on
such requirement Amar was provided with crockery”. Would such assumption have
any affect to claim of Amar. (Please provide an introduction, to your answer
along with reasoning)
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