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d. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.
e. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.
f. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire, all books, deeds, papers, accounts, writings, and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require.
g. The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath or affirmation.
h. The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
i. The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
THE SECOND SCHEDULE.
Title or Short Title.
Extent of Repeal.
9 Will. 3, An Act for determining The whole Act. c. 15.
differences by arbitra-
3 & 4 Will. 4, An Act for the further
The following Examination Questions have been compiled for the use of students and teachers alike. They are intended to assist students by way of self-examination, and it is hoped that the provision of the questions will assist teachers in setting work for students attending their classes.
The questions are expressly designed to be comprehensive, and in many cases they will be found to be complementary also, e.g., in Question 7 on Chapter 1 the various rules are requested for Offer and Acceptance. To require the rules upon Offer only, or Acceptance only, would leave in the mind of the student a feeling of uncertainty as to his answer; but if the two aspects of the matter are requested, side by side, the student will be in a better position to answer the whole question fully and with confidence. Confidence on the part of the student, assuming a knowledge of the textual matter, tends to confidence in the examination room, with advantage both to the candidate and to his teacher.
In answering these examination questions, it will be found that, where appropriate, a tabulated answer will give most satisfaction to all concerned, the student will be in a position to visualise with certainty the matter under notice, the presentation of a tabulated answer will tend to inculcate business efficiency methods, whilst such an answer will more readily be appreciated by the teacher or examiner. For example, of the questions relating to Chapter 1, Nos. 2, 4, 5, 6, 7, 12, 18, 19, 21 and 23 may conveniently be answered partly or wholly by this method.
CHAPTER I. GENERAL LAW OF CONTRACT.
1. Give in your own words a definition of a Contract. Is consideration always necessary?
2. Discuss the principal points of difference between Specialty Contracts and Simple Contracts.
3. What do you understand by quasi-contract? Give a list of the main types, with examples.
4. What requisites make an agreement a valid contract?
5. Define Void, Voidable and Unenforceable contracts, and give
examples of each.
6. Define Consideration. State the requisites of Valuable Con
7. State the rules necessary to be observed in Offer and Acceptance. Give special attention to contracts made partly or wholly by post.
8. To what extent are an Infant's contracts valid?
the positions of the infant and the other contracting party respectively.
9. How far is it correct to say that a married woman is liable for debts she has contracted?
10. Is an Alien under any contractual disability? What decides enemy status? Deal fully with this question.
11. Are contracts in restraint of trade enforceable? Give your
12. What is the effect where a contract is incapable of performance ? State the various kinds of Impossibility of Performance.
13. What is the effect of Mistake in a contract? Define Mistake. 14. Give a definition of Fraud. If an untrue statement is made honestly, in the belief that it is true, what is the effect? 15. What is privity of contract? Is a third party ever liable under a contract?
16. What are the general rules for the construction to be placed on a contract? What is latent ambiguity?
17. What law governs a contract made in one country with a view to its being performed in another country?
18. Give the rules for the assignment of choses in action.
19. By what several methods may a contract be discharged? 20. What is tender? If tender be refused, does it discharge a contract?
21. Give the rule in Clayton's Case as to appropriation of payments. How does it operate in the case of trust moneys?
22. What is meant by suing on a quantum meruit?
23. What are the Statutes of Limitation, and what is their effect?
CHAPTER 2.-LAW OF AGENCY.
24. Define Agency.
25. Give a classification of Agents. In what common case is a so-called agent not an agent at all?
How may an Agent be appointed ?
27. What are the rights and duties of an Agent?
What remedies has the Principal where the Agent has accepted a bribe ?
29. In what cases is an Agent personally liable? Deal particularly with negotiable instruments and deeds.
30. In what ways may an Agency be terminated?
Define a mercantile agent. What are his powers?
CHAPTER 3.-NEGOTIABLE INSTRUMENTS.
Define a negotiable instrument.
34. What does negotiability imply?
Define a Bill of Exchange. Is a Bill of Exchange payable by instalments valid ?
What are the essentials of a Bill of Exchange ?
37. Explain what is meant by a bill payable to order and a bill payable to bearer.
38. Explain and discuss Days of Grace.
39. Is an infant liable on a Bill of Exchange? What was the decision in In re Soltykoff?
40. What is the liability of the acceptor of a Bill of Exchange ? 41. Is consideration in the case of a Bill of Exchange different from consideration in the case of other simple contracts? Discuss the difference, if any.
42. How can a Bill of Exchange be discharged?
43. What is known as the rule in ex parte Waring?
44. Define a Cheque. What is the effect of taking a
45. Give the rules as to crossed cheques, and state the effects of the Crossed Cheques Act, 1906.
46. How is a banker's authority to pay a cheque terminated?
47. Define a Bank Note, and state what you know of these docu
CHAPTER 4.-SALE OF GOODS.
48. What is included under the term goods?
49. What is the position where the seller delivers a quantity of goods more or less than he has contracted to sell?
50. When does the "property" in goods pass to the buyer?
State the provisions of Section 4 of the Sale of Goods Act, 1893, defining carefully all terms that are used in a special sense. 52. Distinguish between Conditions and Warranties. What warranties are implied on a sale of goods, and what conditions are implied?
53. What are the exceptions to the rule Nemo dat quod non habet? 54. Discuss sales in Market overt.
What are the rights of an unpaid seller against the goods forming the subject of the contract? How are these rights defeated? Deal thoroughly with the transit, showing what rules would assist in deciding its beginning and end.
CHAPTER 5.-LAW OF PARTNERSHIP.
56. Define Partnership. Is a Limited Liability Company a partnership within the meaning of the Partnership Act, 1890 ?
57. State the various kinds of partners.
58. What are the provisions of the Registration of Business Names Act, 1916 ?
59. In what ways may a partnership be terminated? Where there are separate creditors of each partner, and joint creditors of the firm, discuss the question of the distribution of
60. Discuss fully the authority of a partner.
What is the liability, and what are the rights, of a partner? 62. What are the provisions of the Limited Partnerships Act, 1907 ?
63. What is a Mortgage?
64. What are the remedies of the Mortgagee on the default of the Mortgagor?