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Elections

Elections 6. (a) What do you understand by " Discovery of Documents ? " (b) At what stage of Arbitration Proceedings is it appropriate for discovery to take place ? (c) Discuss the Doctrine of " privilege," illustrating your answer by examples. THE LAW OF CONTRACTS. TIME ALLOWED—2 HOURS. 1. Name any kinds of contract which are not enforceable by action unless evidenced by writing. 2. Define and give illustrations showing the distinction between :— (a) a guarantee and an indemnity and ; (b) a penalty and liquidated damages ; and explain what important difference exists in each case regarding the enforceability of the contract. 3. (a) To what extent is a husband liable under contracts made by his wife ? (b) What is the basis upon which such liability rests ? (c) To what extent (if any) is the liability affected by the publication of an advertisement by the husband that he will not accept responsibility for any debts incurred by his wife ? 4. (a) What is the effect upon a contract under which £100 is payable by A to B if A gives B a cheque drawn by C in favour of B for £100 in pay­ ment of the debt ? (b) If the cheque is dishonoured on presentation, what remedies are open toB? 5. Give instances of any circumstances in which the seller of goods can give to the purchaser a better title than the seller possesses and suggest reasons for these exceptions from the general rule. 6. (a) What is a bailment and how many different kinds of bailment are known to the law ? (b) (i) Y, a manufacturer, without being asked to do so, sends to X a house­ holder, a fountain pen, asking X either to return it or to send 30/- purchase price. X leaves it on his desk for some days and it is lost or stolen. (ii) Y leaves a pair of shoes with X for repair. Before the repairs are completed X's shop and all its contents are destroyed by fire. State in each case what (if any) are Y's rights against X. UP TO IST DECEMBER, 1942. FELLOWSHIP : ERIC JOHN CARTER .. .. .. London GEORGE HENRY AUGUSTUS HUGHES. . Cambridge ERNEST EDWARD KEMEYS-JENKIN .. Exeter PETER TAIT, I.S.O. .. .. .. Richmond, Surrey ASSOCIATESHIP : JAMES DONOVAN .. .. .. Newport, Mon. BERNARD THOMAS DAVIS .. .. Birmingham WILLIAM STERRY EVANS .. .. Cardiff JACK BERESFORD ROBINSON .. .. Machyllith, Mont. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png "Arbitration: The Journal of International Arbitration, Meditation, and Dispute Management" Kluwer Law International

Elections

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Publisher
Kluwer Law International
Copyright
Copyright © 1940 Kluwer Law International BV, The Netherlands
ISSN
0003-7877
Publisher site
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Abstract

6. (a) What do you understand by " Discovery of Documents ? " (b) At what stage of Arbitration Proceedings is it appropriate for discovery to take place ? (c) Discuss the Doctrine of " privilege," illustrating your answer by examples. THE LAW OF CONTRACTS. TIME ALLOWED—2 HOURS. 1. Name any kinds of contract which are not enforceable by action unless evidenced by writing. 2. Define and give illustrations showing the distinction between :— (a) a guarantee and an indemnity and ; (b) a penalty and liquidated damages ; and explain what important difference exists in each case regarding the enforceability of the contract. 3. (a) To what extent is a husband liable under contracts made by his wife ? (b) What is the basis upon which such liability rests ? (c) To what extent (if any) is the liability affected by the publication of an advertisement by the husband that he will not accept responsibility for any debts incurred by his wife ? 4. (a) What is the effect upon a contract under which £100 is payable by A to B if A gives B a cheque drawn by C in favour of B for £100 in pay­ ment of the debt ? (b) If the cheque is dishonoured on presentation, what remedies are open toB? 5. Give instances of any circumstances in which the seller of goods can give to the purchaser a better title than the seller possesses and suggest reasons for these exceptions from the general rule. 6. (a) What is a bailment and how many different kinds of bailment are known to the law ? (b) (i) Y, a manufacturer, without being asked to do so, sends to X a house­ holder, a fountain pen, asking X either to return it or to send 30/- purchase price. X leaves it on his desk for some days and it is lost or stolen. (ii) Y leaves a pair of shoes with X for repair. Before the repairs are completed X's shop and all its contents are destroyed by fire. State in each case what (if any) are Y's rights against X. UP TO IST DECEMBER, 1942. FELLOWSHIP : ERIC JOHN CARTER .. .. .. London GEORGE HENRY AUGUSTUS HUGHES. . Cambridge ERNEST EDWARD KEMEYS-JENKIN .. Exeter PETER TAIT, I.S.O. .. .. .. Richmond, Surrey ASSOCIATESHIP : JAMES DONOVAN .. .. .. Newport, Mon. BERNARD THOMAS DAVIS .. .. Birmingham WILLIAM STERRY EVANS .. .. Cardiff JACK BERESFORD ROBINSON .. .. Machyllith, Mont.

Journal

"Arbitration: The Journal of International Arbitration, Meditation, and Dispute Management" – Kluwer Law International

Published: Jul 1, 1940

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