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"Where the equities are equal the law shall prevail." Discuss this maxim in relation to mortgages.
66. What are the requisites of (a) an Absolute, and (b) a Conditional Bill of Sale? What is the effect of non-compliance with the Acts ?
67. Define fully the term pawn.
68. State the principal provisions of the Pawnbrokers Act, 1872. 69. Define Lien, and state the various kinds subsisting. Does a lien confer a power of sale?
What is the necessary procedure to be adopted before a British ship may be registered?
71. State the provisions of the Merchant Shipping Act, 1894, as to ownership of a ship.
72. What papers are carried by a British ship?
73. What are the duties and powers of the Master of a ship? 74. Discuss General Average. Explain the York-Antwerp Rules. 75. Differentiate between a Bottomry Bond and a Respondentia Bond. Give the rules in relation to each.
76. Discuss the question of Salvage. Is salvage payable for saving the passengers from a wreck ?
77. Is a contract of insurance a contract of indemnity? Give
78. Discuss the doctrine of Subrogation.
79. What is Insurable Interest? When must it exist in Fire, Life, and Marine insurance respectively?
What is meant when it is stated that contracts of Insurance are contracts uberrimæ fidei?
If a person whose life is insured commits suicide, is the policy
What is the contribution clause in a Fire Insurance policy?
and (b) a breach of a representation? What is the difference between a warranty in Marine Insurance and a warranty under the Sale of Goods Act, 1893.
84. What is the suing and labouring clause in a Marine Insurance policy?
CHAPTER 9.-CARRIAGE AND AFFREIGHTMENT.
85. Define a Common Carrier. Are railway companies common carriers?
Discuss the liability of a common carrier.
87. To what extent are railway companies liable as insurers of passengers ?
88. What are the powers and duties of a common carrier?
89. What is meant by the term equality clauses in connection with carriage by railway?
90. Define (a) Charter Party, (b) Bill of Lading. What is meant by the cesser clause ?
91. What do you understand by freight? Explain the terms Advance Freight, Dead Freight, Lump-sum Freight, and Freight pro rata.
CHAPTER 10.-SURETYSHIP AND GUARANTEE.
92. What is a contract of suretyship? Are there any exceptions to the rule that the person for whom the surety is answerable must be under a legal obligation?
State the provisions of the Statute of Frauds in relation to guarantees. What tests would you apply to decide whether or not a contract was one of guarantee ?
What is a continuing guarantee? Give an example.
95. What are the rights of a surety who has been called upon to pay?
96. State fully how a surety can be discharged.
What are the provisions of Lord Tenterden's Act as to representations concerning the credit of another?
98. Explain fully a Fidelity Guarantee.
CHAPTER 11.-STOCK EXCHANGE.
99. Differentiate between jobbers and brokers.
100. Discuss the agency of a stockbroker.
101. What is the difference between Gambling and Speculation? 102. What is meant by the Settlement on the Stock Exchange? 103. Define a security, Inscribed stock, and Bonds.
104. Discuss transfers of securities.
105. What are Options, and how are they taken up or met?
CHAPTER 12.-PATENTS, TRADE MARKS, AND COPYRIGHT.
106. What can and what cannot be the subject of the grant of a patent?
107. To whom may a patent be granted ?
108. Describe the procedure on obtaining a patent.
109. What are the rights of a patentee? When do they cease? 110. What are the essentials of a registrable trade mark?
111. Define Copyright, and state in whom the ownership of copyright vests.
112. Define the term Infringement of Copyright. What are the remedies open to the owner of the copyright ? Are they the same in all classes of original work?
CHAPTER 13.-LIMITED LIABILITY COMPANIES.
What is contained in the Memorandum of Association of a company? Give a complete list of the ways in which it may be altered.
What are Articles of Association? Is it necessary for a company to file Articles ?
What is a promoter ? State his liabilities.
116. What remedies are available against Promoters or Directors for misrepresentation in a prospectus ?
117. Discuss the question of the Underwriting of shares, paying particular attention to the payment of commission.
What are the rules to be observed as to Allotments of Shares?
119. In connection with share certificates, discuss the liability of a company by estoppel (a) as to title, and (b) as to payment. 120. Is a company liable in the case of a forged transfer? Give the main provisions of the Forged Transfers Acts.
121. What are Share Warrants? When a warrant is issued, what results accrue as compared with the issue of a share certificate?
122. State the several uses of the term Capital. What is Reserve Capital?
123. Discuss the various types of (a) Preference Shares, (b) Ordinary Shares, and (c) Deferred Shares.
124. Has a company power to borrow money? What is a Debenture? 125. Discuss the characteristics of a Floating Charge. In what circumstances can a floating charge crystallise?
126. How and by whom are Directors appointed?
127. Name the various kinds of Meetings a company holds. What business is capable of being transacted at each ?
128. State the various kinds of Resolutions of a company, and say for what particular business each is required.
129. State fully the rights and duties of an Auditor to a company. 130. What special advantages accrue to a Private Company? 131. State the various ways in which a company may cease to exist.
CHAPTER 14.-LAW OF BANKRUPTCY.
132. What procedure is necessary for making a person bankrupt? Can a debtor present a bankruptcy petition against himself?
133. What acts of bankruptcy are set out in the Bankruptcy Act, 1914, as forming grounds for the presentation of a petition? 134. Under what conditions may a petition be presented by a creditor?
135. What is a Receiving Order, and what are its effects?
136. Who is the Official Receiver, and what are his duties ?
137. Explain fully the doctrine of relation back.
138. What are the rules as to proxies at meetings of creditors? 139. Under what circumstances will a debtor be adjudged bankrupt? What is the effect of the adjudication?
140. What are the powers and duties of the Trustee in Bankruptcy? 141. Discuss Committee of Inspection. Has the Committee any duties in connection with the Trustee's accounts?
142. Of what does Divisible Property consist? Enumerate the property' which is not divisible. What is "after acquired property," and how can it be dealt with?
143. Discuss the doctrine of Reputed Ownership. If a bankrupt held property under an absolute Bill of Sale, how would the doctrine be affected?
144. What do you understand by Protected transactions? Name any transactions which may be protected under the provisions of the Acts.
145. Discuss Fraudulent Preference. If County Court proceedings were threatened against a debtor, who then paid the full debt, would this be considered a fraudulent preference? 146. What is a Secured Creditor, and what courses are open to him? What is the position of a creditor for rent?
147. What debts are provable in bankruptcy, and what debts cannot be expunged by bankruptcy proceedings ?
148. What classes of creditors constitute deferred creditors? 149. Compare the winding-up of a Limited Liability Company on insolvency with the bankruptcy of a private firm or person.
CHAPTER 15.—ARBITRATION AND AWARDS.
150. Define Arbitration. Is this a legal process? Can it be made binding between the parties by previous agreement?
151. How are arbitrations instituted ?
152. Discuss the term The Submission, and state whether it is essential that it should be in writing.
153. In what cases has the Court power to appoint an Arbitrator ? 154. What are the powers and duties of (a) an Arbitrator and (b) an Umpire ?
155. What is The Award, and what are its requisites ?
156. Can an arbitrator award a dissolution of partnership? Give
157. On what grounds may an Award be set aside? How may it be