Explain Bailment by quoting an appropriate
Q1. Explain Bailment by quoting an appropriate example and discuss the Essentials/Features of Bailment vis-à-vis the quoted example?
Q2. ‘X’ had visited a leading E-Commerce Website to purchase a Mobile Smartphone for Rs.35, 000/-. The steps of the transaction were as follows:
i) X visits the E-Commerce Website (“Website”) and searches for a Mobile Smartphone listed on the Website;
ii) X selects the desired Mobile Smartphone and checks the price, which displays at Rs.35, 000/-. The price is an all-inclusive price and includes taxes and other charges.
iii) X then adds the selected product to the E-shopping Cart and fills in the relevant details for registration and purchase. Thereafter, ‘X’ proceeds to do the payment for the selected Mobile Smartphone
iv) On completing the payment formalities, the Website displayed the message “Product Unavailable at the selected Price”. The Price for the Mobile Smartphone had increased. The Amount for the Mobile Smartphone was not deducted from the account of ‘X’.
a) Is the Contract between ‘X’ and the Website initiated? Can ‘X’ sue the E-Commerce Website for not making available the Mobile Smartphone at the price selected by ‘X’.
If yes, give reasons? If no, give reasons?
b) Assuming if the amount of Rs.35, 000/- was deducted from the account of ‘X’ and the amount was received by the Website, is the Contract between ‘X’ and the Website initiated? Can ‘X’ sue the Website for not making available the Mobile Smartphone at the price selected by ‘X’ even after deducting the amount?
Q3. Describe in detail at least 6 changes (amendments) brought about with the Introduction of the Companies Act, 2013. Please discuss the impact (pros and cons) of each change on today’s Indian businesses?
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