Legal Aspect of Business DEC 2025

Description

Legal Aspect of Business

Dec 2025 Examination

 

 

Q1. Ravi and Priya want to start a company to sell organic food products. Their consultant tells them they must prepare and register a Memorandum of Association (MOA) with the Registrar of Companies.

Ravi thinks the MOA is just a registration formality. Priya says it is important because it decides what the company can and cannot do.

A year later, they plan to start a travel agency under the same company. Can they do this without changing their MOA? Explain the purpose of registering an MOA and advise them. (10 Marks)

Ans 1.

Introduction

In company law, the Memorandum of Association (MOA) is the foundational charter that defines the very scope and powers of a company. It is not a mere registration formality but a legal document that specifies the objectives for which the company is formed and the framework within which it must operate. For Ravi and Priya, who wish to start a company for selling organic food products, preparing and registering an MOA with the Registrar of Companies is mandatory under the Companies Act, 2013. While Ravi perceives the MOA as procedural paperwork, Priya rightly understands its significance in defining the boundaries of

Its Sample only

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Q2(A). Ravi agrees to supply 1,000 chairs to Meera for Rs.5,00,000. After delivering 600 chairs, Ravi asks for payment for those. Meera refuses, saying the contract was for the full 1,000 chairs and she will only pay after all are delivered.

Later, Meera sells 500 of the chairs already delivered.

Can Ravi claim payment for the 600 chairs? Explain using the concept of partial performance under the Indian Contract Act, referring to when such partial performance can be accepted or rejected. (5 Marks)

Ans 2a.

Introduction

Contracts under the Indian Contract Act, 1872 are binding agreements that require performance as promised unless otherwise agreed. In commercial supply contracts, disputes often arise when one party performs part of the obligation and seeks payment before completing the entire contract. The issue of partial performance determines whether the receiving party is bound to pay for what has been delivered or can withhold payment until full performance. In Ravi’s case,

 

 

 

Q2(B). Ramesh, a shopkeeper, is unconscious after a road accident. His neighbour Suresh takes him to a private hospital, which immediately provides emergency treatment worth Rs.50,000. After recovering, Ramesh refuses to pay, saying there was no agreement between him and the hospital. The hospital asks Suresh to pay, but Suresh says he only helped and should be reimbursed.

Advise the hospital and Suresh using the concept of quasi-contract under the Indian Contract Act. (5 Marks)

Ans 2b.

Introduction

The Indian Contract Act, 1872 recognizes situations where obligations are imposed even without a formal agreement. These are known as quasi-contracts, where a person is bound to compensate another to prevent unjust enrichment. The case of Ramesh, who received emergency treatment after an accident, highlights this principle. Even though no express agreement existed between Ramesh and the hospital, services were rendered lawfully and for his