Question 6
Sub-questions (5)
(a) Ram purchased a second-hand car from his friend Rohan for ₹ 5 lakhs on 10th November, 2022. He paid ₹ 4 lakh immediately and promised to pay ₹ 1 lakh within a year. But, he could not pay the remaining amount till December-2023. On 5th January, 2024 Ram received an invitation for Rohan's wedding which he could not attend but sent a cheque of ₹ 51,000 as gift by post. When Rohan deposited the cheque, it was returned unpaid due to insufficient balance in the account of Ram. Rohan considered it as an offence under Section 138 of the Negotiable Instruments Act, 1881. Advise (i) Whether Ram would be held liable for dishonour of cheque? (ii) Whether Rohan was justified in considering this as an offence under Section 138 of the Negotiable Instruments Act, 1881.
(b) With reference to provisions of the Indian Contract Act, 1872 define the following terms: (i) Quasi-contracts and its salient features
(ii) Responsibility of finder of goods
(c) With reference to provisions of the Sale of Goods Act, 1930, answer the following: (i) What do you mean by Reservation of right of disposal? State the circumstances under which right of disposal may be reserved.
(ii) Sometime breach of condition will be treated as breach of warranty as a result of which buyer losses his right to rescind. State the circumstance where a contract cannot be avoided even on account of breach of condition.