Legal Aspects of Business and Technology Questions with Answer – 2023 Spring(BBA/TT/BCIS)

Legal Aspects of Business and Technology Questions with Answer – 2023 Spring(BBA/TT/BCIS)

Section A

Very short Answer Questions

Attempt all the questions. [10*2=20]

1.State a constitutional provision pertaining to business in Nepal.
Answer: The Constitution of Nepal allows people to start and run businesses freely. It protects their rights and encourages fair competition. This helps in the growth of trade and the country’s economy.

2. State 3 modes of creation of agency contracts.
Answer: Agency contracts can be made in three ways: (a) by express agreement, where both parties clearly agree, (b) by implied agreement, based on their actions or relationships, and (c) by necessity, in urgent situations where one acts for another.

3. What are duties of surety?
Answer: A surety must pay the debt if the debtor fails to do so. They must act honestly and provide accurate information. After paying, the surety can recover the amount from the debtor.

4. What is precedent?
Answer: Precedent means using past court decisions to decide similar cases in the future. It helps keep the law fair and consistent. Judges rely on precedent to make decisions.

5. State any two circumstances when non-owners can pledge goods.
Answer: Non-owners can pledge goods if they have them as a mercantile agent or if they hold the goods under a sale agreement. These rules protect people dealing with such goods.

6. Give any two rights and duties of a finder of lost goods.
Answer: A finder of lost goods can keep the goods until they get a reward. But they must take care of the goods and try to find the owner.

7. Point out any two features of negotiable instruments.
Answer: Negotiable instruments are easy to transfer and ensure payment to the holder. They are used in business to make transactions safer and faster.

8. What are the modes of dissolution of a company?
Answer: A company can be dissolved if shareholders agree, if a court orders it, or if its set time ends. It can also close if it fails to meet legal rules or becomes bankrupt.

9. Define the concept of “lifting the corporate veil.”
Answer: Lifting the corporate veil means holding company owners or directors personally responsible for illegal or dishonest actions. It ensures justice when the company itself is misused.

10. Discuss the feature of the TRIPS Agreement.
Answer: The TRIPS Agreement sets rules for protecting intellectual property like patents and copyrights. It helps ensure fair treatment among countries and promotes innovation.

Section B

Attempt any six questions

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 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 industrial enterprise act.
15. What are the rights and duties of an agent? Mention the circumstances under which an Agent will be personally liable for the agency business.
16. What are the various kinds of company meetings? Explain the provisions of company act in relation to extra-ordinary general meeting.
17. a) Define the term “Negotiable Instruments.”Discuss the modes for discharged of Negotiable Instrument.
    b) What measures has Nepal taken to ensure compliance with the TRIPS Agreement and strengthen its intellectual property regime?

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 seek 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?

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