Business Law June 2018 Assignment

29 Mar

Business Law

1. In today’s corporate scenario undergoing long drawn litigation is expensive and time consuming. The senior management of your company has given you a project to find the feasibility of Alternate Dispute Resolutions (ADR). Please prepare a short brief on what is ADR, its types, advantages and practical examples where ADR is feasible than conventional litigation.

2. Junaid is an investigative journalist assigned to identify and bring to light negligence of the Municipal Authority at Mumbai. Junaid is currently investigating whether the initiative of segregation of garbage has been fully implemented but he has not received any response from the authorities. Please help Junaid under what law he can legally obtain information along with the procedure, timelines and cost involved.

3. Rakesh had planned to go for short holiday in Goa along with his wife. He started looking out for hotels in Goa and based on various websites and reviews he had booked a Le Grand Hotel in North Goa. He paid the money in advance and the booking was confirmed. On reaching this hotel, he found that the hotel was not as per the hotel’s website and reviews. Further, on reaching the hotel he realized that the pictures displayed on the website were in such angle so as to conceal the real look and image of the hotel property. Rakesh demanded a refund, but the Hotel refused stating that Rakesh was supposed to check before booking and quoted the principle of “Caveat Emptor”.

Please help Rakesh in the following:

a. Is Rakesh’s claim defeated under the principle of Caveat Emptor? Please give reasons for your answers.

b. Assuming if Rakesh wanted to pursue this case before a Consumer Court, what are the remedies he would apply for?

‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’

07 Sep

Business Law

1. ‘A’ orders a phone online as Cash on Delivery mode, but denies to accept the product at the time of delivery. In such a situation, discuss the eligibility points of becoming an Unpaid Seller? Discuss the privileges of unpaid seller when the property in goods is transferred to the buyer.

2. A booked a flat in Sunpark Apartment at Mumbai. ‘A’ is ready to shift with his family in the flat which he has purchased. However, B has the possession of that flat where he specifies that he has purchased this flat. To avoid the dispute and conflicts, ‘A’ files an RTI to seek proper information. Explain the objective as well as structures involved in Right to information.

3. A) ‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type. ‘Y’ delivers 15 chairs of that quality and 15 chairs of some other make and quality brand. In what way we can advice ‘X’.

3. B) ‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’. no additional care is taken by ‘Q’ for handling such goods. In the absence of the disclosure, the explosives explode and cause damage to the other goods and also injure a person. Whether ‘P’ is liable?

‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type

07 Sep

Business Law

1. ‘A’ orders a phone online as Cash on Delivery mode, but denies to accept the product at the time of delivery. In such a situation, discuss the eligibility points of becoming an Unpaid Seller? Discuss the privileges of unpaid seller when the property in goods is transferred to the buyer.

2. A booked a flat in Sunpark Apartment at Mumbai. ‘A’ is ready to shift with his family in the flat which he has purchased. However, B has the possession of that flat where he specifies that he has purchased this flat. To avoid the dispute and conflicts, ‘A’ files an RTI to seek proper information. Explain the objective as well as structures involved in Right to information.

3. A) ‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type. ‘Y’ delivers 15 chairs of that quality and 15 chairs of some other make and quality brand. In what way we can advice ‘X’.

3. B) ‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’. no additional care is taken by ‘Q’ for handling such goods. In the absence of the disclosure, the explosives explode and cause damage to the other goods and also injure a person. Whether ‘P’ is liable?

A booked a flat in Sunpark Apartment at Mumbai

07 Sep

Business Law

1. ‘A’ orders a phone online as Cash on Delivery mode, but denies to accept the product at the time of delivery. In such a situation, discuss the eligibility points of becoming an Unpaid Seller? Discuss the privileges of unpaid seller when the property in goods is transferred to the buyer.

2. A booked a flat in Sunpark Apartment at Mumbai. ‘A’ is ready to shift with his family in the flat which he has purchased. However, B has the possession of that flat where he specifies that he has purchased this flat. To avoid the dispute and conflicts, ‘A’ files an RTI to seek proper information. Explain the objective as well as structures involved in Right to information.

3. A) ‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type. ‘Y’ delivers 15 chairs of that quality and 15 chairs of some other make and quality brand. In what way we can advice ‘X’.

3. B) ‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’. no additional care is taken by ‘Q’ for handling such goods. In the absence of the disclosure, the explosives explode and cause damage to the other goods and also injure a person. Whether ‘P’ is liable?

‘A’ orders a phone online as Cash on Delivery mode

07 Sep

Business Law

1. ‘A’ orders a phone online as Cash on Delivery mode, but denies to accept the product at the time of delivery. In such a situation, discuss the eligibility points of becoming an Unpaid Seller? Discuss the privileges of unpaid seller when the property in goods is transferred to the buyer.

2. A booked a flat in Sunpark Apartment at Mumbai. ‘A’ is ready to shift with his family in the flat which he has purchased. However, B has the possession of that flat where he specifies that he has purchased this flat. To avoid the dispute and conflicts, ‘A’ files an RTI to seek proper information. Explain the objective as well as structures involved in Right to information.

3. A) ‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type. ‘Y’ delivers 15 chairs of that quality and 15 chairs of some other make and quality brand. In what way we can advice ‘X’.

3. B) ‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’. no additional care is taken by ‘Q’ for handling such goods. In the absence of the disclosure, the explosives explode and cause damage to the other goods and also injure a person. Whether ‘P’ is liable?

Business Law

07 Sep

Business Law

1. ‘A’ orders a phone online as Cash on Delivery mode, but denies to accept the product at the time of delivery. In such a situation, discuss the eligibility points of becoming an Unpaid Seller? Discuss the privileges of unpaid seller when the property in goods is transferred to the buyer.

2. A booked a flat in Sunpark Apartment at Mumbai. ‘A’ is ready to shift with his family in the flat which he has purchased. However, B has the possession of that flat where he specifies that he has purchased this flat. To avoid the dispute and conflicts, ‘A’ files an RTI to seek proper information. Explain the objective as well as structures involved in Right to information.

3. A) ‘X’ contracts with ‘Y’ to purchase 30 chairs of a particular brand called make and type. ‘Y’ delivers 15 chairs of that quality and 15 chairs of some other make and quality brand. In what way we can advice ‘X’.

3. B) ‘P’ delivers to ‘Q’, a carrier, some explosives without informing the same to ‘Q’. no additional care is taken by ‘Q’ for handling such goods. In the absence of the disclosure, the explosives explode and cause damage to the other goods and also injure a person. Whether ‘P’ is liable?

Business Law

14 Jun

1. Please list out the factors that affect “Free Consent” to enter into a contract. Give an example for each of the factors that affect free consent to enter into a contract.

2. What are the Rights of the Consumer, explain atleast 2 real life instances where the rights of consumer have been upheld and protected.

3. Vijay Singh is a leading filmmaker in India who plans to release his upcoming blockbuster romantic movie during the Diwali festival weekend of 2016. However, he has learnt that a production house Mukesh Raj Films (MRF) has blocked the single screens and multiplexes theaters (“Exhibitors”) only for screening of their film for the same Diwali festival weekend. In fact Vijay Singh has also found out that MRF had earlier in the year during the Eid festival launched a blockbuster movie and during the negotiation for screening the said Film imposed a condition that he would grant rights to screen the movie only if he was provided with the exclusive rights to screen another movie during the Diwali Weekend. Therefore, MRF and Exhibitors had entered into a tie-in arrangement for exclusive exhibition of the films in Eid and Diwali Festival Weekend respectively. Thus, preventing Vijay Singh from exhibiting his film.

Vijay Singh has now approached the Competition Commission of India for relief.

a) Does the tie in-arrangement between MRF and the Exhibitors amount to having “adverse appreciable effects on Competition”. Please quote the relevant precedent to support your answer.

b) Please list out the penalties stated under the Competition Act, 2002 and atleast quote one instance where Competition Commission India has imposed penalty along with the brief description of such instance.