Objectives:
This course enables the students to better appreciate the law governing special contracts like,
indemnity, guarantee, agency, etc. which are more relevant in the contemporary society. Law
contained in several legislations apart from the Indian Contract Act is taught in this Course.
Course contents:
UNIT -I
Contract of Indemnity -Definition, Nature and Scope – Rights of indemnity holder, Commencement of the indemnifier’s liability
Contract of Guarantee – Definition, Nature and Scope – Difference between contract of indemnity and Guarantee – Rights of surety – Discharge of Surety – Extent of Surety’s liability – Co-surety.
UNIT -II
Contract of Bailment – Definition – Kinds – Rights and Duties of Bailor and Bailee – Rights of Finder of goods as Bailee
Contract of pledge – Definition, Comparison with Bailment, Rights and duties of Pawnor and Pawnee
UNIT -III
Agency Definition – Creation of Agency – Kinds of Agents – Distinction between Agent and Servant, Rights and Duties of Agent – Relation of Principal with third parties
Delegation, Duties and Rights of Agent, Extent of Agents authority, Personal liability of Agent, Termination of Agency.
UNIT- IV
Indian Partnership Act – Definition – Nature, Mode of determining the existence of Partnership
Relation of Partner to one another – Rights and duties of partner – Relation of partners with third parties, Types of partners
Admission- Retirement, and Expulsion of partners, Dissolution of Firm – Registration of Firms.
UNIT -V
Sale of Goods Act, The Contract of sale, Agreement to sell, Conditions and Warranties
Passing of property
Transfer of title
Performance of the Contract
Rights of Unpaid Seller
Remedies for Breach of Contract.
Prescribed Books:
Singh, Avtar, Law of Contract and Specific Relief, Ilth Edition, (Lucknow: Eastern Book Company. 2013)
Verma J.P (ed.) Singh and Gupta, The Law of Partnership in India, (New Delhi: Orient Law House, 1999)
Saharay H. K, Indian Partnership and Sale of Goods Act, (Universal, 2000)
Nair, Krishnan, Law of Contract, ( New Delhi: Orient Law House, 1999)
Hire Purchase Act
Reference Books:
Pollock and Mulla, Indian Contract and Specific Relief Act, 14th Edition, (New Delhi: Lexis Nexis, 2013)
Anson, William, Law of Contract, 29th Edition, (Oxford University Press, 2010)
Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase, (Lucknow; Eastern Book House Ltd, 1998)
Sir Frederick Pollock and Mulla, Pollock and Mulla on the Sale of Goods Act, 9th Edition, (Lexis Nexis: 2014)
J. P. Verma (ed.), Singh and Gupta, The law of partnership in India, (New Delhi: Orient Law House. 1999)