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Module 01 |
Contracts of Indemnity - Sections 124-125 of the Indian Contract Act,
1872 : 1.
Principle of indemnity in general 2.
Definition of the contract of indemnity 3.
Formation and essential features 4.
Purpose of the contract of indemnity, and its
use in facilitating and supporting transactions 5.
Nature and extent of liability of the
indemnifier 6.
Commencement of liability of the indemnifier 7.
Examples : Indemnity for issuing duplicate
share certificate, or bank deposit receipt; Indemnity by owner of a plot of
land to a local authority as condition for grant of commencement certificate
for construction; Indemnity clause in a contract between a publisher and the
printer; Indemnity clause in a sale deed of land supporting assurance of
title given by the seller |
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Module 02 |
Contracts of Guarantee - Sections 126 to
147 of the Indian Contract Act, |
1872 :
1. Definition
of a contract of guarantee
2. Formation
and essentials features of a contract of guarantee. Parties to the contract;
effect of minority of principal debtor
3. Contract
of guarantee as distinguished from a contract of indemnity
4. Consideration
for a contract of guarantee
5. Continuing
guarantee, and its revocation
6. Nature
and extent of surety's liability - commencement, duration and termination
7. Surety’s
rights against the principal debtor
8. Surety’s
rights against the creditor
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Special position of a surety : a privileged
debtor -
Circumstances that discharge a surety.
Contracting out of such discharge. 9.
Letters of credit and bank guarantees 10. Co-surety
and manner of sharing liabilities and rights |
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Module 03 |
Contracts of
Bailment - Sections 71, 148-171, 180-181 of the Indian Contract Act 1872 : 1.
Definition of a contract of bailment 2.
Formation and essential features of a contract
of bailment, Parties to the contract 3.
Creation of a contract of bailment, Obligations
of bailment despite contract Gratuitous bailments 4.
Examples of contracts of bailment: for benefit
of bailor, for benefit of bailee 5. Kinds of bailees 6.
Rights, duties, disabilities and
liabilities -
of a bailor -
of a bailee vis-Ã -vis the bailor -
of a bailee vis-Ã -vis the third parties, and
the true owner 7.
Termination of bailment, and consequences of
termination 8. Finder of goods as a bailee |
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Module 04 |
Contracts of Pledge
- Sections 172 – 179 of the Indian Contract Act 1872 : 1.
Definition of a contract of pledge 2.
Essential features of a contract of pledge,
Parties to the contract 3.
Creation of a contract of pledge 4.
Distinction between contracts of pledge, bailment,
hypothecation 5.
Rights, liabilities, duties and disabilities
of the pawnor 6.
Rights, liabilities, duties and disabilities
of the pawnee; pawnee's right of sale 7.
Pledge by certain specified persons : Sections
178, 178A, 179 of ICA. |
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Module 05 |
Contracts of Agency
- Sections 182 – 238 of the Indian Contract Act 1872 : 1.
Definition of a contract of agency 2.
Essential features of a contract of agency.
Parties involved. Kinds of agents and agencies 3.
Creation of agency 4.
Distinction between agent, servant or
employee, and independent contractor 5.
Agent’s authority - Scope and extent, Express,
implied, apparent or ostensible authority, and authority in an emergency,
Restrictions or limitations 6.
Delegation of authority, Relationship between
a principal, agent and subagent, Substituted agents 7.
Ratification 8.
Rights, duties, immunities, disabilities and
liabilities of an agent towards the principal and third party 9.
Rights, duties, immunities, disabilities and
liabilities of a principal towards the agent and the third party |
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10. Personal
liability of an agent 11. Pretended
agent. Undisclosed principal 12. Revocation
and other modes of termination of agency, Irrevocable agency Effect of
termination, Liability of the principal and agent before and after
termination |
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Module 06 |
Contracts of Sale of
Goods - The Sale of Goods Act, 1930 : 1.
Definition of a contract of sale of goods 2.
Essential features of a contract of sale.
Parties to the contract 3.
Sale as a transfer of property, Sale and
agreement to sell 4.
Four elements : price, delivery, risk and
property (ownership) 5.
Goods – Meaning, Existing and future goods,
Specific, ascertained, unascertained goods, Effect of perishing of goods 6.
Implied conditions and warranties, Express
conditions and warranties 7.
The rule ‘cavaet
emptor’, principle, meaning, and exceptions to the rule 8.
Other implied terms 9.
Transfer of title, Transfer by non-owners 10. Passing
of risk 11. Delivery
of goods, Various modes of delivery and their effect, Inspection of goods,
Rejecting goods 12. Rights
and liabilities of the buyer and seller, Unpaid seller and his rights 13. Remedies
for price and for breach, Interest and taxes 14. Auction sales |
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Module 07 |
Contracts of Partnership - The Indian
Partnership Act, 1932 and The |
Limited Liability Partnership Act 2008 :
1. Definition
of a contract of partnership
2. Essential
features of a contract of partnership, the firm and the partners, Parties to
the contract, Minor as partner
3. Kinds
of partnership
4. Relations
of partners with one another: their rights, liabilities, duties, immunities and
disabilities
5. Property
of the firm, Firm name
6. Relations
of partners to third parties, Partner as agent of firm, Partners’ authority,
Implied authority, Mode of exercising authority, Liability of the firm for acts
of partners
7. Change
in constitution of a firm. Admission, retirement, expulsion, death and
insolvency of any partner, Public notice, Effect of change in constitution of
the firm
8. Dissolution
of a firm, Modes of dissolution, Effect of dissolution, Agreements in restraint
of trade
9. Registration
of firms, Procedure of registration, Effect of non-registration
10. Limited
Liability Partnership : Essential features, Distinction between limited
liability partnership and ordinary partnership
Recommended Readings:
1. Akhilesh
Gupta, Law Relating to Special
Contracts–Contracts of Bailment, Pledge, Hypothecation, Indemnity and Guarantee,
2013, LexisNexis.
2. Mulla,
The Indian Contract Act, Anirudh
Wadhwa ed., 15th ed., 2015, LexisNexis.
3. Avtar
Singh, Law of Contract and Specific
Relief, 12th ed, 2017, Eastern Book Company.
4. M.
Krishnan Nair, Law of Contracts, 1998.
5. Pollock and Mulla’s Indian Contract Act,
Nilima Bhadbhade ed., 14th updated edition, 2014, LexisNexis.
6. Nilima
Bhadbhade, Contract Law of India, 2nd
ed 2009, Kluwer, available free on Google books.
7. Pollock and Mulla’s The Sale of Goods Act,
Akshay Sapre ed., 9th ed, 2014, LexisNexis.
8. Akhileshwar
Pathak, Law of Sale of Goods, 2013,
Oxford University Press.
9. Avtar
Singh, Law of Sale of Goods, 2011,
Eastern Book Company.
10. P S
Atiyah, The Sale of Goods, 12th
ed, 2010, Longman.
11. P S
Ramanatha Aiyar, Law of Sale of Goods,
Shriniwas Gupta ed., 10th ed, 2016, Universal Law Publishing.
12. A Ramaiya’s Commentary on the Sale of Goods,
K Shanmukham and H K Saharay eds, 5th ed, 2014, Universal Law
Publishing.
13. Benjamin’s Sale of Goods, Michael Bridge
ed, 9th ed, 2016, Sweet and Maxwell.
14. Pollock and Mulla’s The Indian Partnership
Act, G C Bharuka ed., 7th ed, 2007, LexisNexis.
15. Mulla’s The Sale of Goods Act and the Indian
Partnership Act, K Kannan ed., 10th ed, 2012, LexisNexis.
16. Avtar
Singh, Introduction to Law of Partnership
(including Limited Liability Partnership) 10th ed., 2011, Eastern
Book Company.
17. S T Desai’s The Law of Partnership in India,
Satyajeet Desai ed., 7th ed., 2009, LexisNexis.
18. C L
Gupta, Law of Partnership including
Limited Liability Partnership, Palok Basu ed., 5th ed., 2016,
LexisNexis.
19. P C
Markanda, The Law of Partnership in India,
2010, LexisNexis.
20. D S
Chopra, A Commentary on Sale of Goods,
Partnership and Negotiable Instruments, 2016, Thomson Reuters.
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