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Test Series: August, 2018

FOUNDATION COURSE
MOCK TEST PAPER - 1
PAPER 2: SECTION A: BUSINESS LAWS
ANSWERS
1. (i) In terms of the provisions of Section 65 of the Indian Contract Act, 1872, when an agreement is
discovered to be void or when a contract becomes void, any person who has received any
advantage under such agreement or contract is bound to restore it, or to make compensation for it
to the person from whom he received it.
Referring to the above provision, we can analyse the situation as under.
The contract is not a void contract. Mr. SUCH is not responsible for Mr. JHUTH’s negligence.
Therefore, Mr. SUCH can rescind the contract and retain the security amount since the security is
not a benefit received under the contract, it is a security that the purchaser would fulfill his contract
and is ancillary to the contract for the sale of the Motor Car.
Regarding the second situation given in the question, the agreement becomes void due to the
destruction of the Motor car, which is the subject matter of the agreement here. Therefore, the
security amount received by Mr. SUCH is required to be refunded back to Mr. JHUTH.
(ii) Doctrine of ultra vires: The meaning of the term ultra vires is simply” ‘beyond (their) powers”. The
legal phrase “ultra vires” is applicable only to acts done in excess of the legal powers of the doers.
This presupposes that the powers in their nature are limited. It is a fundamental rule of Company
Law that the objects of a company as stated in its memorandum can be departed from only to the
extent permitted by the Act, thus far and no further. In consequence, any act done or a contract
made by the company which travels beyond the powers not only of the directors but also of the
company is wholly void and inoperative in law and is therefore not binding on the company.
On this account, a company can be restrained from employing its fund for purposes other than
those sanctioned by the memorandum. Likewise, it can be restrained from carrying on a trade
different from the one it is authorized to carry on. The impact of the doctrine of ultra vires is that a
company can neither be sued on an ultra vires transaction, nor can it sue on it. Since the
memorandum is a “public document”, it is open to public inspection. Therefore, when one deal s
with a company one is deemed to know about the powers of the company. If in spite of this you
enter into a transaction which is ultra vires the company, you cannot enforce it against the
company.
Therefore, the resolution passed by the Board of Director ABC Pvt. Limited for an ultra vires
transaction is invalid. As a result of this, the transaction entered into the supply of fish with FSH
Limited is not legal and is void.
(iii) Essentials of Contract of Sale: The following elements must co-exist so as to constitute a contract
of sale of goods under the Sale of Goods Act, 1930.
(i) There must be at least two parties
(ii) The subject matter of the contract must necessarily be goods
(iii) A price in money (not in kind) should be paid or promised.
(iv) A transfer of property in goods from seller to the buyer must take place.
(v) A contract of sale must be absolute or conditional [section 4(2)].
(vi) All other essential elements of a valid contract must be present in the contract of sale.

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2. (i) Revocation or lapse of offer: Section 6 of the Indian Contract Act, 1872 deals with various modes
of revocation of offer. According to it, an offer is revoked-
(a) By notice of revocation
(b) By lapse of time: The time for acceptance can lapse if the acceptance is not given within the
specified time and where no time is specified, then within a reasonable time. This is for the
reason that proposer should not be made to wait indefinitely. It was held in Ramsgate Victoria
Hotel Co Vs Montefiore, that a person who applied for shares in June was not bound by an
allotment made in November. This decision was also followed in India Cooperative Navigation
and Trading Co. Ltd. Vs Padamsey PremJi. However these decisions now will have no
relevance in the context of allotment of shares since the Companies Act, 2013 has several
provisions specifically covering these issues.
(c) By non fulfillment of condition precedent: Where the acceptor fails to fulfill a condition
precedent to acceptance the proposal gets revoked. This principle is laid down in Section 6
of the Act. The offeror for instance may impose certain conditions such as executing a certain
document or depositing certain amount as earnest money. Failure to sati sfy any condition
will result in lapse of the proposal. As stated earlier ‘condition precedent’ to acceptance
prevents an obligation from coming into existence until the condition is satisfied. Suppose
where ‘A’ proposes to sell his house to be ‘B’ for ` 5 lakhs provided ‘B’ leases his land to ‘A’.
If ‘B’ refuses to lease the land, the offer of ‘A’ is revoked automatically.
(d) By death or insanity: Death or insanity of the proposer would result in automatic revocation
of the proposal but only if the fact of death or insanity comes to the knowledge of the acceptor.
(e) By counter offer
(f) By the non acceptance of the offer according to the prescribed or usual mode
(g) By subsequent illegality
(ii) Distinction between Limited Liability Partnership (LLP) and Limited Liability Company
Basis LLP Limited Liability Company
1. Regulating Act The LLP Act, 2008. The Companies Act, 2013.
2. Members/Partners The persons who contribute to The persons who invest the
LLP are known as partners of money in the shares are known
the LLP. as members of the company.
3. Internal governance The internal governance The internal governance
structure structure of a LLP is governed by structure of a company is
contract agreement between the regulated by statute (i.e.,
partners. Companies Act, 2013).
4. Name Name of the LLP to contain the Name of the public company to
word “Limited Liability contain the word “limited” and
partnership” or “LLP” as suffix. Pvt. Co. to contain the word
“Private limited” as suffix.
5. No. of members/ Minimum – 2 members Private company:
partners Maximum – No such limit on the Minimum – 2 members
members in the Act. The Maximum 200 members
members of the LLP can be Public company:
individuals/or body corporate
Minimum – 7 members
through the nominees.
Maximum – No such limit on the
members.

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Members can be organizations,

trusts, another business form or
individuals.
6. Liability of members/ Liability of a partners is limited to Liability of a member is limited to
partners the extent of agreed contribution the amount unpaid on the
in case of intention is fraud. shares held by them.
7. Management The business of the company The affairs of the company are
managed by the partners managed by board of directors
including the designated elected by the shareholders.
partners authorized in the
agreement.
8. Minimum number of Minimum 2 designated partners. Pvt. Co. – 2 directors
directors/ designated Public co. – 3 directors
partners
3. (i) Implied authority of partner as agent of the firm (Section 19):
Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual
way, business of the kind carried on by the firm, binds the firm. The authority of a partner to bind
the firm conferred by this section is called his “implied authority”
In the absence of any usage or custom of trade to the contrary, the implied authority of a partner
does not empower him to-
(a) Submit a dispute relating to the business of the firm to arbitration;
(b) Open a banking account on behalf of the firm in his own name;
(c) Compromise or relinquish any claim or portion of a claim by the firm;
(d) Withdraw a suit or proceedings filed on behalf of the firm;
(e) Admit any liability in a suit or proceedings filed on behalf of the firm;
(f) Acquire immovable property on behalf of the firm;
(g) Transfer immovable property belonging to the firm; and
(h) Enter into partnership on behalf of the firm.
(ii) As per the provisions of Section 19 of the Indian Contract Act, 1872, when consent to an agreement
is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the
option of the party whose consent was so caused.
A party to contract, whose consent was caused by fraud or misrepresentation, may, if he think fit,
insist that the contract shall be performed, and that he shall be put in the position in which he would
have been if the representations made had been true.
Exception- If such consent was caused by misrepresentation or by silence, fraudulent within the
meaning of section 17, the contract, nevertheless, is not voidable if the party whose consent was
so caused had the means of discovering the truth with ordinary diligence.
In the situation given in the question, both the fuel meter and the speed meter of the car were
working perfectly, Mr. CHHOTU had the means of discovering the truth with ordinary diligence.
Therefore, the contract is not voidable. Hence, Mr. CHHOTU cannot rescind the contract on the
above ground.
4. (i) Caveat Emptor’ means “let the buyer beware”, i.e. in sale of goods the seller is under no duty to
reveal unflattering truths about the goods sold. Therefore, when a person buys some goods, he
must examine them thoroughly. If the goods turn out to be defective or do not s uit his purpose, or

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if he depends upon his skill and judgment and makes a bad selection, he cannot blame any body
excepting himself.
The rule is enunciated in the opening words of section 16 of the Sale of Goods Act, 1930 which
runs thus: “Subject to the provisions of this Act and of any other law for the time being in force,
there is no implied warranty or condition as to the quality or fitness for any particular purpose of
goods supplied under a contract of sale”
The rule of caveat emptor does not apply in the following cases:
(i) Fitness for buyer’s purpose: Where the buyer, expressly or by implication, makes know to the
seller the particular purpose for which he requires the goods and relies on the seller’s skill or
judgment and the goods are of a description which it is in the course of the seller’s business
to supply, the seller must supply the goods which shall be fit for the buyer’s purpose.
[Section16(1)].
(ii) Sale under a patent or trade name: In the case of a contract for the sale of a specified article
under its patent or other trade name, there is no implied condition that the goods shall be
reasonably fit for any particular purpose [Section 16(1)].
(iii) Merchantable quality: Where goods are bought by description from a seller who deals in
goods of that description (whether he is in the manufacturer or producer or not), there is an
implied condition that the goods shall be of merchantable quality. But if the buyer has
examined the goods, there is no implied condition as regards defects which such examinatio n
ought to have revealed. [Section 16(2)].
(iv) Usage of trade: An implied warranty or condition as to qualify or fitness for a particular purpose
may be annexed by the usage of trade. [Section 16(3)].
(v) Consent by fraud: Where the consent of the buyer, in a contract of sale, is obtained by the
seller by fraud or where the seller knowingly conceals a defect which could not be discovered
on a reasonable examination, the doctrine of caveat emptor does not apply.
(ii) According to Section 20 of the Indian Partnership Act, 1932, the partners in a firm may, by contract
between the partners, extend or restrict implied authority of any partners.
Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls
within his implied authority binds the firm, unless the person with whom he is dealing knows of the
restriction or does not know or believe that partner to be a partner.
The implied authority of a partner may be extended or restricted by contract between the partners.
Under the following conditions, the restrictions imposed on the implied authority of a partner by
agreement shall be effective against a third party:
1. The third party knows above the restrictions, and
2. The third party does not know that he is dealing with a partner in a firm.
Now referring to the case given in the question, M supplied furniture to A, who ultimately sold them
to a third party and M was also ignorant about the agreement entered into by the partners about
the change in their role. M also is not aware that he is dealing with a partner in a firm. Therefore,
M on the basis of knowledge of implied authority of A, can recover money from the firm.
But in the second situation, if M was having knowledge about the agreement, he cannot recover
money from the firm.
5. (i) As per the provisions of section 24 of the sale of Goods Act, 1930, when goods are delivered to
the buyer on approval on ‘on sale or return’ or other similar terms, the property therein passes to
the buyer-
(a) When the buyer signifies his approval or acceptance to the seller or does any other act
adopting the transaction;
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(b) If he does not signify his approval or acceptance to the seller but retains the goods without
giving notice or rejection, then, if a time has been fixed for the return of the goods, on the
expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time;
or
(c) he does something to the good which is equivalent to accepting the goods e.g. he pledges or
sells the goods.
Referring to the above provisions, we can analyse the situation given in the question.
Since Mr. JOSHI, who had taken delivery of the Motor Car on sale or Return basis and pledged
the Motor car to Mr. GAJESH, he has attracted the third condition that he has done something
to the good which is equivalent to accepting the goods e.g. he pledges or sells the goods.
Therefore, the property therein (Motor Car) passes to the Mr. JOSHI. Now in this situation,
Ms. PREETI cannot claim back her Motor Car from Mr. GAJESH, but she can cl aim the price
of the Motor Card from Mr. JOSHI only.
(ii) Under section 7(2) the Registrar shall on the basis of documents and information filed for the
formation of a company, shall register all the documents and information and issue a certificate
that the company is incorporated in the prescribed form to the effect that the proposed company is
incorporated under this Act. The company becomes a legal entity form the date mentioned in the
certificate of incorporation and continues to be so till it is wound up.
Effects of registration of a company
Section 9 of the Companies Act, 2013 provides that, from the date of incorporation mentioned in
the certificate of incorporation, such of the subscribers to the Memorandum and all other persons,
as may from time to time become members of the company, shall be a body corporate by the name
contained in the memorandum, capable forthwith of exercising all the functions of an incorporated
company under this Act and having perpetual suceession with power to acquire, hold and dispose
of property, both movable and immovable, tangible and intangible, to contract and to sue and be
sued by the said name. Accordingly, when a company is registered and a certificate of incorporation
is issued by the Registrar, three important consequences follow:
(a) the company becomes a distinct legal entity. Its life commences from the date mentioned in
the certificate of incorporation capable of entering into contracts in its own name, acquiring,
holding and disposing of property of any nature whatsoever and capable of suing and being
sued in its own name.
(b) it acquires a life of perpetual existence by the doctrine of succession. The members may
come and go, but it goes on forever, unless it is wound up.
(c) Its property is not the property of the shareholders. The shareholders have a right to share in
the profits of the company as and when declared either as dividend or as bonus shares.
Likewise any liability of the company is not the liability of the individual shareholders.
6. (i) The law provides that a contract should be supported by consideration. So long as consideration
exists, the Courts are not concerned to its adequacy, provided it is of some value. The adequacy
of the consideration is for the parties to consider at the time of making the agreement, not for the
Court when it is sought to be enforced (Bolton v. Modden). Consideration must however, be
something to which the law attaches value though it need not be equivalent in value to the promise
made.
According to Explanation 2 to Section 25 of the Indian Contract Act, 1872, an agreement to which
the consent of the promisor is freely given is not void merely because the consideration is
inadequate but the inadequacy of the consideration may be taken into account by the Court in
determining the question whether the consent of the promisor was freely given.
OR
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Compensation for loss or damage caused by breach of contract (Section 73)

When a contract has been broken, the party who suffers by such a breach is entitled to receive,
from the party who has broken the contract, compensation for any loss or damage caused to him
thereby, which naturally arose in the usual course of things from such breach, or which the parties
knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by
reason of the breach.
In view of above, the statement given in the question seems to be incorrect.
(ii) Settlement of partnership accounts (Section 48)
In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by
the partners, be observed:
(i) Losses, including deficiencies of capital, shall be paid first out of profits, next out of capital,
and, lastly, if necessary, by the partners individually in the proportions in which they were
entitled to share profits.
(ii) The assets of the firm, including any sums contributed by the partners to make up
deficiencies of capital, must be applied in the following manner and order:
(a) in paying the debts of the firm to third parties;
(b) in paying to each partner rateably what is due to him from capital;
(c) in paying to each partner rateably what is due to him on account of capital; and
(d) the residue, if any, shall be divided among the partners in the proportions in which
they were entitled to share profits.
(iii) As per section 7(7) of the Companies Act, 2013, where a company has been got incorporated
by furnishing false or incorrect information or representation or by suppressing any material
fact or information in any of the documents or declaration filed or made for incorporating such
company or by any fraudulent action, the Tribunal may, on an application made to it, on being
satisfied that the situation so warrants, direct that liability of the members shall be unlimited.
Hence, the order of NCLT will be legal.
Precautions: Before making any order,—
(a) the company shall be given a reasonable opportunity of being heard in the matter; and
(b) the Tribunal shall take into consideration the transactions entered into by the company,
including the obligations, if any, contracted or payment of any liability.

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Test Series: August, 2018

FOUNDATION COURSE
MOCK TEST PAPER - 1
PAPER 2: SECTION-B: BUSINESS CORRESPONDENCE AND REPORTING
ANSWERS
1. (a) (1) b
(2) d
(3) a
(4) c
(5) c
(b) (i) Green house Gases and the effects (Heading)
(1) Acc to Global Wrmng hts
a) Wrmng lpsd in 21st cntry
(2) New Prbltc System of prdctng clmt
(a) Dvlpd by Univ of South Hampton
(b) Uses new statscl mthd, diff from tradtnl smltns
(c) Rlbl and eqvlnt to crnt mthds
(d) Finds crnt clmt anlgs
(e) Uses rfrnce mdls
(f) Dedcs future psblts
(3) New Method
(a) Prdcts very high mean air temp, espcly on sea surfaces in 2018-22
(i) Cause
• Low prblty of intense cold events
• High prblty of heat events
(ii) Effect
• Incrd trpcl strm actvty
(b) Much faster than a super comp
(i) Prdctns made in frctn of scnd based on algo
Key Used
• Glbl= global
• Wrmng= warming
• Hts=hiatus
• Lpsd=lapsed
• Cntry=century
• Prblstc=probalistic
• Prdctng=predicting
• Clmt=climate
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• Temp=temperature
• Dvlpd=developed
• Univ= university
• Statscl=statistical
• Mthds=methods
• Tradtnl=traditional
• Smltns= simulations
• Rlbl=reliable
• Eqvlnt=equivalent
• Crnt=current
• Analgs=analogues
• Rfrnce=reference
• Mdls=models
• Dedcs=deduces
• Psblts=possibilities
• Espcly=especially
• Prdcts=Predicts
• Prblty=probability
• Incrsd=increased
• Trpcl=tropical
• Strm=storm
• Actvty=activity
• Comp=computer
• Prdctns=predeictions
• Frctn=fraction
• Scnd=second
• Algo=algorithm
(b) (ii) Summary
As per Global warming hiatus warming seem to have lapsed in this, but new method suggests
hotter temperatures than expected. New probabilistic system developed by South Hampton
University uses a method different from the traditional one that uses new statistical method
that finds current climate analogues using reference models deducing future possibilities. The
system is as reliable as the current system. It has predicted extremely high mean air
temperature especially on the sea surfaces due to low probability of extreme cold events and
high probability of high heat events causing increased tropical storm activity. It makes
predictions in a fraction of a second and is much faster compared to a super computer.
2. (a) Communication is a process of exchanging information, ideas, thoughts, feelings and emotions
through speech, signals, writing, or behavior. Communication is relevant in daily life as we
experience it in all walks of life. While talking to friends, family and office colleagues, while passing
on a piece of information, while starting a campaign or a protest march; at every step we want to

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communicate a message. The audience differs and the purpose differs; yet communication
happens.
(b) (i) d
(ii) c
(iii) Studies should be given first priority.
(iv) The doctor asked the patient to wait.
(c) GST : At a glance
A new development in the field of tax payment has come up with the advent of GST (Goods and
sales tax). This collective tax, includes all the multiple taxes levied on prod ucts, however the
preparation for its implementation is not too sound. The government has postponed the first filing
of GST, giving tax payers enough time to understand the nuances. The e commerce portals too
have been given some leniency as far as deduction of taxes from sellers is concerned.
3. (a) Chain of Command: The communication pattern that follows the chain of command from the senior
to the junior is called the chain network. Communication starts at the top, like from a CEO, and
works its way down to the different levels of employees. It involves a lot of organizational hierarchy.
(b) (i) a
(ii) c
(iii) A cake can be made by us on a stove.
(iv) They informed that they had been living in Assam.
(c) Letter
Manager Date:
Your Own Office supplies Ltd.
New Delhi

Manager
Name of client company
New Delhi

Dear Sir/Madam

Sub: Apology for delay in shipment of Order No. 12345

This with reference to the order placed by your organization for supply of stationary items (Order
No. 12345) dated 12 th Aug., 2018. I sincerely apologize for the delay in the shipment of the same.
Due to heavy rains in Mumbai, our dispatch section at the head office (based in Mumbai) could not
send any orders for 3 days due to thin staff attendance and slow movement of traffic around the
area resulting in inadvertent delay in shipment.
Please accept my sincere apologies for the inconvenience caused. We are a trusted a name in
office supplies and we have always delivered your orders in time. We hope that you will give us
many more opportunities to deal with you. Looking forward to a long term business relationship.
Thanks for the cooperation.
Regards,
Manager, Office and food supplies ltd.

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4. (a) Barriers in communication:

• Physical Barriers
• Cultural Barriers
• Language Barriers
• Technology Barriers
• Emotional Barriers
Technology Barriers: Being a technology driven world, all communication is dependent on
good and extensive use of technology. However, there might arise technical issues, like server
crash, overload of information etc. which lead to miscommunication or no communication at
all.
Language Barriers: It’s a cosmopolitan set up, where people of different nationalities move
from their home to other countries for work. As a result, it is difficult to have a common
language for communication. Hence, diversity gives rise to many languages and it acts as a
barrier at times.
(b) (i) a
(ii) The school authorities declared the results
(iii) The teacher praised the girl that she had been working hard.
(c) Answer Hints for Article
• Social media is a good way to connect with friends and relatives
• A convenient platform for sharing ideas, thoughts and opinions
• Facebook, twitter, instagram, whatsapp are useful when used in a healthy way.
• Getting addicted to them is very easy and effects one’s productivity.
• With the advent of social media in our lives, every movement gets tracked and reported.
• Technology at its boom, is not safe always. One needs to use it judiciously for good cause s.
• The social media shows a person’s daily movements, tracks your trips; what you see on your
FB pages is influenced by your past searches, which is probably not right.
• A good balance of technology and mind, with less interference of the social media is an
appropriate approach.
Answer Hints for Report
• Mention a heading, name of the NGO
• Venue, Date
• The purpose of the workshop
• How many members came from the NGO; how did they go ahead with the workshop
• The audience and its reaction
• Pamphlets , information shared during the session.
• Motivational talks to encourage donations to make a difference in the lives of underprivileged
• Felicitations/Valedictory session by the Principal

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5. (a) Based on Communication channels, there are three kinds of categories:

• Verbal: Verbal communication involves the use of words and language in delivering the
intended message
• Non Verbal: Nonverbal communication is the process of communicating by sending and
receiving wordless messages. These messages can aid verbal communication, convey
thoughts and feelings contrary to the spoken words or express ideas and emotions on their
own.
• Visual: Visual communication through visual aids such as signs, typography, drawing,
graphic design, illustration, colour and other electronic resources usually reinforces written
communication. Visuals like graphs, pie charts and other diagrammatic presentations
convey clearly and concisely a great deal of information. They are an essential part of
official presentations these days.
(b) (i) b
(ii) d
(iii) The children requested for no homework that day.
(c) Minutes of the Meeting
Date: 21st July, 2018
Meeting started at 11: 00 am.
Members in attendance : Head of Sales and Marketing, the Product Head, Product lead, three
members of the Sales team
Mr. Raju Murthy, Head of Sales and Marketing informed the agenda of the meeting i.e . the sales
decline in the product
Mr. Kishore Sandhu, Product Head expressed concern over the matter; discussed a few flaws
noticed in the sales strategy.
Ms. Seema Thakur, Sales Head gave a detailed analysis of the figures observed in the last six
months.
Her team including Mr. X, Mr. Y and Mr. Z elaborated on the market trends based on the usage of
the particular product
All the participants agreed to the concern and come back with a detailed report.
Conclusion Stated: ATR to be submitted by 24 th July, 2018 to the Head of Sales and Marketing.
Resume
Name: Manish Reddy
Phone: 040-123456
Email:[email protected]
Address: 123, Chennai Road, Chennai
Birthday: 1st January

CAREER OBJECTIVE: Seeking a challenging career with a progressive organization that provides
an opportunity to utilize my sales and marketing skills & abilities in the FMCG sector.
PERSONAL SKILLS
Excellent persuasion skills
Highly sales driven
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Ability to work independently or as part of a team

Proven leadership skills and ability to motivate
EDUCATION
B.com from Hindu College, Delhi University
PGDIM from Symbiosis University, Pune
ACHIEVEMENTS
• Awarded the ‘Best Sales person’ Award in the company
• Awarded a cash prize for two consecutive months for over achieving sales target.
PROFESSIONAL EXPERIENCE
XYZ Pvt Ltd, Chennai
Worked as a Junior Sales Executive
Responsible for daily sales with a predicted target
Experience: 5 years

Auromatic Brothers
Worked as Senior Sales Executive
Responsible for monthly sales target
Led a team of twenty members.
Experience: 5 years.
REFERENCES: Will be provided upon request.
DECLARATION: I solemnly declare that all the above information is correct to the best of my
knowledge and belief.
Date: Place: (Manish Reddy)

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