3. A addressed and sent a signed offer to B, offering to buy B's stock-in-trade for £500. The same day B verbally accepted the offer. Subsequently A refused to carry out the contract, relying on the fact that though the offer was in writing there was no note or memorandum of the agreement. Is this a good defence? 4. What are the exceptions at Common Law to the rule that a corporation aggregate can only be bound by contracts under the corporate seal ? Refer to some statutory exceptions to the same rule. 5. (a) A claims £100 from B. B denies that he (c) E claims £100 from F. F admits that he In each of the above cases the creditor brings an action for the balance of his original claim. In which, if any, of them do you think he should succeed? 6. State shortly the legal rules peculiar to the contracts of infants. 7. What are the legal rights of a person who has been induced to enter into a contract by the innocent misrepresentation of the other contracting party? How may these rights be lost? 8. State the various modes in which a contract may be discharged, and write a short Essay on any one of such modes. 9. Define "Bill of Exchange," "Holder in due Course," "Accommodation Party," "Restrictive Indorsement," "Indorsement in Blank," "Special Crossing." 10. State and illustrate the more important of the rights and liabilities of principal and agent inter se. 11. State shortly how and to what extent the Common Law liability of a common carrier has been affected by statutory provisions. 12. Apart from agreement, in what circumstances has one man a legal claim against another in respect of money paid by the former to some third person? Illustrate your answer by examples. THE LAW OF WRONGS AND THE LAW OF PROCEDURE. FIRST PAPER. Mr. Woinarski. Not more than TEN questions to be attempted. 1. A employs B in his factory to superintend (i) certain other workmen, C, D, E, and others in a workshop with machinery at work in it; (ii) the working of the machinery. B is negligent in this latter duty, and the machinery gets out of gear and injures C (a) Can C maintain an action against A? (b) If X, a customer of A and present in the workshop in the course of business, was likewise injured, can he maintain an action against A ? (c) In what respects, if any, would the latter action differ from the former, if both be maintainable ? Give the reasons for your answer. 2. Is it actionable for A, from malice to C, to solicit and persuade B not to enter into a contract with C? Give the reasons for your answer. 3. A, an auctioneer, sold goods under order of B, and paid over the proceeds, less his commission, to B. B had induced A to sell the goods by representing himself as entitled to sell them, and A in good faith acted upon that representation. B was not entitled to sell them, and the true owner C, in an action of conversion, recovered their value from A. Can A sue B for the amount he has been so compelled to pay? Give the reasons for your answer. 4. Can (a) trespass to land, (b) conversion of a chattel, be committed by a co-tenant against his co-tenants ? In the month of January 1898, A entered upon B's land, and took from a quarry therein a quantity of bluestone to build a house for himself, without the knowledge or consent of B. B died in September 1898, and C, as executor, proved K B's will, and in the same month of September commenced an action in the Supreme Court against A, for damages for the trespass to the land. Is the action maintainable? Give the reasons for your answer. 5. A is the owner of a fence, ruinous in condition and likely to fall, abutting on a highway. B, a child of four years of age, attracted by some boys at play on the other side of the fence, put his foot on the fence, which fell and injured him— (a) Is an action maintainable against A? (b) If B were killed, would an action be maintainable against A? Give the reasons for your answer. 6. A master is liable for the acts, neglects, and faults of his servant in the course of his service (a) Why? (b) Who is a servant within the meaning of this rule? 7. A magistrate issues a warrant to apprehend B, in a matter in which the magistrate has no jurisdiction, but in which he bona fide believes himself to possess jurisdiction. Bis thereupon arrested by C, a constable, in obedience to the warrant. Can B maintain an action against the magistrate, or the constable, or both? Give the reasons for your answer. 8. (a) What is it necessary to prove in an action of slander to entitle a plaintiff to recover damages? (b) A brings an action against B for slanderous words, to wit, "A murdered B." All the persons who heard it knew that B was still alive. Can A maintain his action or not, and why? 9. (a) Give two instances of each of the following:(i) Justifiable homicide; (ii) Excusable homicide; (iii) Manslaughter; (iv) Murder. (b) A is presented at the Central Criminal Court. for the manslaughter of B. Under what circumstances (if any) may statements made (i) by A, or (ii) by B, be used for or against A on his trial? 10. A is presented at the Central Criminal Court for feloniously marrying C, his wife B (it is alleged) being alive. Mention all the grounds of defence possibly available. 11. State, with your reasons, what offence, if any, has been committed in each of the following cases :(a) A tells his son, a boy of 8, to go into a shop and run off with a watch when no one is looking. The boy does so, but is caught by the owner, who lets him go again with the watch to prove a charge against A. A accordingly gets the watch and pawns it. (b) A obtained £400 from B for the sale to B of the goodwill and stock of an hotel, having represented to B that the stock would be free of incumbrances. At the time of the sale there was to A's knowledge a bill of sale over the hotel, and, immediately after the sale, the grantee of the bill of sale entered and took possession of the stock. |