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COMMERCIAL LAW (QUESTION BANK)

Chapter-1(Law of Contract)

1.  Define contract. Explain the essential elements of contract.

2.  Distinguish between offer and acceptance. How and when an offer be revoked?

3.  Define void agreement and void able agreement. Distinguish between coercion and under influence.4.  State the effect upon contract for out break of war.

5.  What do you mean by contingent contract?

6.  Define bailment. What are the requisites of bailment?

7.  “No consideration no contract”— State the rule with exceptions. discuss the rules regarding

consideration.

8.  “All agreements are not contracts but all contracts are agreement”— discuss the statement.

9.  Distinguish between fraud and misrepresentation. Contrast between indemnity and guarantee.

10.  What is meant by „Breach of Contract‟? Mention some important remedies for breach of contract.

11.  What do you mean by consideration? Discuss different types of considerations. “An agreement

without consideration is void”— explain.

12.  „A contract is an agreement enforceable by law‟— explain. State the difference between agreement and

contract.

13.  What is counter offer? Discuss the rules relating to infants contract according to Bangladeshi law.

14.  Describe the agreement against public policy. What are the duties of a bailee and bailor?

15.  Discuss the rules regarding offer. “Insufficiency of consideration is immaterial but an agreement

without consideration is void.”— explain.

16.  State when consent is not said to be free.

Chapter- 2(Law of Relating to Negotiable instruments)

1.  What is negotiable instrument? What are the essential features of negotiable instrument?

2.  Distinguish between promissory note and bill of exchange. What are the rules regarding endorsement?

3.  What are the essential elements of negotiable instruments?

Chapter- 3(Laws Related to Sale of Goods)

1.  What are the rules regarding delivery of goods under the sales of goods Act? What are the rights of an

unpaid seller?

2.  Distinguish between sale and agreement to sell. “No seller can give the buyer a better title of goods 

than he himself has”— explain.

3.  When and under what circumstances can a seller exercise the right of re-sale?

Chapter- 4(The Company Act 1994)

1.  What do you mean by Memorandum of Association? State the contents of a Memorandum of 

Association.

2.  In what circumstances the court may think the liquidation of a company just equitable.

3.  Mention the procedure of registration and incorporation.

4.  What do you understand by Caveat Emptor and state its exceptions.

5.  What is meant by „statutory meeting‟? Discuss the contents of a statutory report.

6.  State the usual step to be taken in the formation of a company under the company Act, 1994.

7.  What qualifications does a shareholder of a joint stock company need to have to qualify as director?

8.  Discuss the methods of appointment of Director.

9.  Describe the powers and duties of director. What do you mean by minutes of proceeding?10.  Differentiate between condition and warranty. What are the effects of supervising impossibility?

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11.  Define a prospectus and distinguish it from a statement in lieu of prospectus.

12.  What are the differences between share warrant and share certificate?

13.  When is a company deemed to be unable to pay its debt? - discuss.

14.  What are the differences between members‟ voluntary winding up and creditor‟s voluntary winding

up.

15.  What is the effect of compulsory winding up by the court?16.  How is the office of directors vacated? Discuss the rules regarding of duration of Managing director.

17.  Differentiate between M/A and A/A. When and how the Memorandum can be altered?

18.  What do you mean by winding up of a company? Write the circumstances under which a company

may be wound up by the court.

19.  State the content of a prospectus. How can a private limited company be converted into public limited

company?

20.  State the rights and duties of share holder of a company.

21.  What are the liabilities of the concerned parties for conveying false or fraudulent information in the

 prospectus?

22.  What rules, according to the company Act, 1994 are to be observed for starting a foreign company in

Bangladesh?

23.  Distinguish between private limited company and public limited company. Write down the essential

features of a company.

24.  How can Article of Association of a company be altered?

Chapter- 5(Partnership Act)

1.  State the consequences of a partnership firms. How is the existence of a partnership determined?

2.  What are the effects/consequences of non-registration of a firm?

3.  Can a minor become a member of a partnership firm? If so, what are his rights and liabilities under the

 partnership Act?

4.  What are the essential elements of partnership? (2/3)

5.  What are the various ways of creating an agency?

6.  Discuss the relation of partners to third parties. Mention the acts for which a partner has implied

authority to find the firm.

7.  Discuss the rights and liabilities of partners of a firm.

8.  Is the registration of a partnership firm compulsory? What are the benefits of registration of a

 partnership firm?

Other questions:

1. What are the rules regarding endorsement?

2. Why is a cheque crossed? Distinguish between general crossing and special crossing of a cheque.

Short notes:

a)  Official liquidator, b)  Extra-ordinary general meeting.

c)  Pre-incorporation contract

d)  Indemnity and guarantee of contract,

e)  Promoters

f)  Dishonor of negotiable instrument

g)  Managing agent

h)  Special resolution

i)  Doctrine of ultra vires.