Nmims Business Law Assignment for Dec 2020
Assignment Question of BL
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1. Explain the difference between Contract of Guarantee and Contract of Indemnity and provide two (2) examples each of such contracts.
2. Explain in details two (2) real-life cases where the Competition Commission of India has investigated and prohibited the abuse of dominant position by entities or individuals.
3. Geeta had started tiffin services during the lockdown due to COVID-19 pandemic within her building premises by ensuring compliance of all regulations. Geeta used to deliver the tiffin only to the occupants in her society. However, post the unlocking of the lockdown she wanted to expand her business to other parts of city and therefore she needed an investor who would invest in the venture and a logistics partner who would ensure the delivery of tiffin. She finally found Mr. Bajaj as the investor and Mr. Kumar as the logistics partner.
Now Geeta, Mr. Bajaj and Mr. Kumar wanted to incorporate this venture and register as a partnership firm and therefore have come to you for advise on the following queries:
a. What: (i) law should the Partnership Firm be registered? Please give your reasons for the answer?; and (ii) type of partner shall Geeta, Mr. Bajaj and Mr. Kumar each be classified as?
b. For incorporating the partnership firm that you have suggested in the above answer (a) what: (i) is the primary agreement that is needed; and (ii) are the contents of such agreement?
Previous Year Solution
Q1. Explain the constitution of CCI under the Competition Act, 2002 and the procedure of handling complaints and enquiries.
Q2. What is Corporate Governance and explain any two (2) changes introduced in Companies Act, 2013 that has helped in better Corporate Governance in India.
Q3. Mr. Inamdar, an environmental right activist has found that a private developer in Mumbai has cut large nos. of trees for creating a development project in Mumbai. He wants to find more information on the development activities carried out by the developer. As a citizen of India, he went ahead and filed an application under Right to Information Act, 2005 with the private developer. However, he was denied the information.
a. Can you explain why was he denied information under Right to Information Act, 2005?
b. What are the specific instances under which information under the Right to Information Act, 2005 can denied?
Previous June20 Question
Q1. Explain the statement “All Contracts are Agreement but all Agreements are not Contract” and provide two (2) examples demonstrating this statement
Q2. Explain in details two (2) real-life instances or cases dealing with any or all “Rights of Consumer” under Consumer Protection Act, 1986.
Q3. Jack and Jill are two individuals who have passed out from engineering college in Mumbai. Jack and Jill both have attained 18 years of age. Now both want to start a start-up for robotic services. Can you advise them:
a. What are (i) the different form of business, (ii) their pros and cons and (iii) what is best suited form of business which will be applicable to their start-up?
b. Assuming that Jill lost both her parents when she was 5 years old and a court appointed a guardian for her. Then would there be any challenge in opening a start-up?
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Previous NMIMS Assignment
1. Explain the types of Alternate Dispute Resolution Mechanisms and differentiate between them?
2. Explain in details two (2) real-life instances where the consumer courts in India have granted compensation due to medical negligence. Please explain the facts of the case and respective decision of the consumer courts. (10 Marks)
3. Ria and Mia are two adult sisters. Ria is the elder sister and Mia the younger one. Both the sisters were orphan but had huge properties bequeathed to them by their now deceased parents. Mia first got married to Ravi whereupon Ria started living in the same residence with Ravi and Mia together. Ria met with an accident and lost both her legs, Ravi and Mia started taking great care of her even using their savings to bear medical expenses of Ria. Ria after 2 years thereon decided to gift all her share of the properties to Mia. After 5 years, Mia then conceived a child and found it difficult to take care of Ria. She requested Ria to go to a hospice, where she could be taken care of. Ria angered by this refused to do so and started living separately with a maid, she demanded that the gift of the properties made by her to Mia should be cancelled. Mia refused to do so. Assuming you are the judge of the civil court hearing the matter, can you decide on the following questions:
a. Whether the gift of properties by Ria to Mia is valid? Whether Ria can oppose and seek for cancellation of the gift? If yes on what grounds under Contract Act, 1872? (5 Marks) b. Can Mia claim from Ria the expenses undertaken by her for Ria’s medical expenses? Explain with legal provisions in Contract Act, 1872? (5 Marks)