NEPALESE CONTRACT LAW COMPREHENSIVE QUESTIONS

COMPREHENSIVE ANSWER QUESTIONS – [20 MARKS]

1. [2021 Fall Q. No. 18] Read the case situation given below and answer the questions that follow: [20 Marks]
Mr. Dilip, a supplier of rice cooker, contracts with Mr. Sachin to deliver a rice cooker for Rs. 5,000 on January 1, 2020. Mr. Dilip fails to supply the machine as promised on that date. In consequence of this, Mr. Sachin had to buy another rice cooker at a higher cost of Rs. 6,000. On the basis of given facts, answer the following:

Questions:
i. What is the problem in the case?
ii. State the types of remedies for the breach of contract.
iii. What types of damage is this?
iv. How much damage Mr. Sachin can claim from Mr. Dilip?

2. [2018 Spring Q. No. 18] Read the case situation given below and answer the questions that follow.
Jenny received a circular from Beauty and the Beast Hair salon advertising massages and manicures for Rs. 1000. Realizing that it was an exceptionally good deal, but not surprised because she knew that they had only just opened and were running a number of opening specials, she rang and made a booking. When Jenny arrived at the salon she was told that the cost would be Rs. 1000.

However, her massage and manicure would take place because normally a massage and manicure would have cost Rs. 15,000. Jenny was furious, as it had taken her 30 minutes to get the ship by car and if she had known it would cost Rs. 10,000, she would never have made the booking advice Jenny.

Questions:
a. Describe the facts of the case.
b. Which law is applicable in this case?
c. What would you advise if Jenny had the massage and manicure before being told the cost was Rs. 10,000?
d. Would she have to pay the full price?

3. [2018 Fall Q. No. 18] Read the case situation given below and answer the questions that follow.
Ram, a teacher agreed to teach a one-year course in a school. Due to the dissatisfaction of students, he is fired by the school after two months. Can the teacher claim for a remedy for his injury? You became a corporate lawyer, answer the following question.

Questions:
a. Is this a valid contract?
b. Who are the parties in this contract?
c. What are the terms and conditions in this contract you have identified?
d. What is breach of contract?
e. Name the types of remedies for breach of contract.
f. What do you mean by quantum meruit?
g. Which legal remedy do you think Mr. Ram has against school?
h. If Ram has illness and not complete the contractual liability what the situation of contract?
i. Can school claim the compensation against the ram for breach of contract?
j. If party breach of contract which law is applicable in Nepal?

4. [2017 Spring Q. No. 18] Read the case situation given below and answer the questions that follow.
A singer enters into a contract with B, the theatre manager of a theater to sing at the theatre two nights every week during the next two months and B engages to pay her @ Rs 10,000 for each night on completion of the contract. Answer the following questions based on the alternative situations mentioned hereunder.

Questions:

a. What do you mean by breach of contract?
b. On the sixth night if A willfully absents herself from the theater and wants to sing on the seventh night but B does not allow her to sing, is she responsible for breach? Is B entitled to do so? Justify.
c. On sixth night A is suffered by serious illness and unable to sing. Is A responsible for breach of contract?
d. If B allows to perform on seventh night what would be the consequences?
e. What do you mean by quantum meruit?
f. On the sixth night if A dies before she sings. What would be the consequence of the contract after her death?
g. On the sixth night if B fails to manage theatre performance by cut off electricity. Is A entitled to claim compensation for loss faced by her due to failure of B to organize the event?
h. State the conditions where the court may refuse to grant an order of specific performance.
i. By singing in the fifth event, if A refuses to sing in subsequent events, can B seek the remedy of specific performance against A? Justify.
j. What is the nature of breach in respect of case ‘b’.

5. [2017 Fall Q. No. 18] Read the case situation given below and answer the questions that follow:
Mr. Bibek lost his dog named ‘Sheru’ while jogging around the park. Miss Kushum, an unknown person, found the dog and kept at her own home. She found that the dog is suffering from fever. She incurred Rs 4500/- to feed and treat Sheru. After a diligent search, Kushum discovers the real owner and offers to return Sheru to him, on a condition that the true owner pays Kushum’s lawful expenses amounting Rs 4500/- and Rs 1500/- as a compensation. The true owner agrees to pay Rs 2500/- as a lawful expense and rejects to pay…

rest of the amount. Miss Kushum said to Mr. Bibek that she will retain the dog until receiving her claimed amount. In the mid-time Mr. Bishnu, the third person, approaches to Miss Kushum to buy the dog, Sheru, for Rs 20,000 as a reasonable market price.

Questions:
a. Is there a contract between Bibek and Kushum?
b. What is the role of Kushum?
c. In which position Bibek stands?
d. What is the responsibility of Kushum?
e. Is Kushum responsible to treat the sick dog?
f. How much amount Bibek has to pay to return back his dog?
g. Does Kushum file a suit to recover the expenses made by her if Bibek denied to pay?
h. Does Kushum allow to sell ‘Sheru’ to Mr. Bishun?
i. Is Bibek entitled to get any surplus left after meeting the lawful charges of the finder, Kushum?

6. [2016 Spring Q. No. 18] Mr. Suresh, a stationery shop owner entered into a contract with Arti Pvt. Ltd, a manufacturer of stationery items for the purchase of stationery items worth Rs 1,00,000 for a conference to be held on January 2, 2016. On the due date, promised to supply the items on January 2. Mr. Suresh rejected it. He became helpless and collected stationery items from various suppliers in the market on January 1, but he had to pay Rs 12,000. He approached the conference organizers and acquired from another supplier because Mr. Suresh failed to deliver them on January 1.
As a commercial lawyer, answer the following questions:

Questions:

a. State the name of applicable law.
b. How many contracts have been made in this case?
c. Who are the parties to the contracts you have identified?
d. What do you understand by privity of contract?
e. Who are the parties who breached the contracts?
f. What is breach of contract?
g. Name the types of remedies for breach of contract.
h. Which legal remedy do you think Mr. Suresh has against detail.
i. What claims Mr. Suresh can have against Arti Pvt. Ltd in the court of law? Give reason for your answer.
j. Is Mr. Suresh bound to pay Rs 10000 as compensation to the Conference organizers? If the answer is yes, can Mr. Suresh claim that amount from Arti Pvt. Ltd? Give reason.

7. A pharmaceutical company, named Janta Co. Ltd came up with SF tablets for the prevention from swine flu disease. The company claimed that it is very effective medicine based on a long research conducted by the company. Accordingly, the company published an advertisement in various newspapers through which it offered to pay Rs 10,000 to any person who suffers from swine flu after using SF tablets as directed for one week continuously. Mr. Akrit on the faith of such advertisement, bought the medicine and used the SF tablets for a week as directed. He nevertheless suffered from swine flu proving the claim wrong. Based on the claim, Mr. Akrit sued the company for the promised reward of Rs 10,000.

Questions:
a. Identify the offerer and offeree in the case.
b. What kind of offer is this? Explain.
c. Is the acceptance by Akrit valid? Give a reason for your answer.
d. Will Akrit succeed in claiming Rs 10,000 from Janta Co. Ltd? Give reasons.

NEPALESE CONTRACT LAW BOARD QUESTIONS WITH ANSWER

BASIC OF LEGAL ENVIRONMENT AND COURT SYSTEM QUESTIONS WITH ANSWER

NEPALESE CONTRACT LAW COMPREHENSIVE QUESTIONS WITH ANSWER

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