LAW OF CONTRACT - II (OPTIONAL)

COURSE OUTLINE

LL.M. - TRIMESTER II
SESSION: OCTOBER 2013

TO

FEBRUARY 2014

DR. DIPAK DAS

______________________________________________________________________
INTRODUCTION
Contracts are at the basis of majority of transactions especially transactions dealing with the
property. Whether the transaction is in the ordinary course of life or in the electronic world (ecommerce) the general principles governing contracts remain same.
Contractual relations between person/association of persons/enterprise/association of enterprises are
essential features of a market economy and all major ventures are getting corporatised, a law student
should acquaint himself with the knowledge of special contracts apart from equipping himself with
general principles of contract. This law is contained in several legislations apart from the Indian
Contract Act. This course equips the students to better understand the legal services required in a
corporate office so that he can enhance his relevance as a lawyer in society.

Course contents:

UNIT I
Sale of Goods Act The Contract of sale Conditions and Warranties Passing of property
Transfer of title Performance of the Contract Rights of Unpaid Seller against goods Remedies
for Breach of Contract.
UNIT II
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 of partners Retirement Expulsion Dissolution of Firm
Registration of Firms.
UNIT III

Limited Liability Partnership Act Registration Concept of Limited liability Rights and Duties
of Partner Difference between Company and Limited Liability Partnership.

UNIT IV
Contract of Indemnity Documents/Agreements of Indemnity - Definition, Nature and Scope Rights of indemnity holder Commencement of the indemnifiers liability.
Contract of Guarantee Definition, Nature and Scope Difference between contract of indemnity
and Guarantee Rights of surety Discharge of Surety Extent of Suretys liability Co-surety.

UNIT V
Contract of Bailment Definition Kinds Duties of Bailer and Bailee Rights of Finder of goods
as Bailee Liability towards true owner Rights to dispose off the goods.
Contract of pledge Definition Comparison with Bailment Rights and duties of Pawnor and
Pawnee
UNIT VI
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.
Prescribed Books:
Avtar Singh - Law of Contract
J. P. Verma - The Law of Partnership in India
Saharay H. K - Indian Partnership and Sale of Goods Act
Krishnan Nair - Law of Contract
Hire Purchase Act
Reference Books:
Pollock and Mulla - Indian Contract Act
Anson - Law of Contract

Avtar Singh - Sale of Goods Act

Mulla - Sale of Goods Act
S. D. Singh and S. P. Gupta - Law of Partnership
1. Book: The Indian Contract and Specific Relief Acts, Volume I, 14th Edition, by Mulla,
Pollock, Publisher: LexisNexis India (2013).
2. Book: Contract Law, by Robert Duxbury, 2nd Edition, Text book series, Publisher: Sweet and
Maxwell.
3. Book: Mulla: Indian Contract Act 13 Edition, by Anirudh Wadhwa, Publisher: LexisNexis India (2011).
4. Book: Ansons Law of Contract, by J. Beatson, A. Burrows, J. Cartwright, 29 th Edition,
Publisher: Oxford University Press.
5. Book: Indian Contract Act, 14th edition, by R.K. Bangia, Publisher: Allahabad Law Agency.
6. Book: MLJ: Law of Contract and Specific Relief 2ndEditon Edition, by Justice A
Raman, Publisher: LexisNexis India (2009).
7.

Book: Law of Sale of Goods and Partnership, by R. Chakraborty, 1st Edition, Publisher:
Orient Publishing Company.

8. Book: Pollock and Mulla, The Sale of Goods Act 8th Edition, by Satish J Shah,
Publisher: LexisNexis India (2011).
9. Book: Benjamins Sale of Goods, The Common Law Library, 8 th Edition, Publisher: Sweet
and Maxwell, Thomson Reuters.
10. Book: Mulla The Sale of Goods Act and The Indian Partnership Act 10th Edition, by
Justice K Kannan, Publisher: LexisNexis India (2012).
11. Book: Textbook on Indian Partnership Act with Limited Liability Partnership Act,
2nd Edn., by Saharay Madhusudan, Publisher: Universal Law Pub Co.P.LTD.-Delhi (2012).

12. Book: Considerations on Partnerships with Limited Liability, by J. R. Mcculloch, ISBN

Number: 1240140703, 9781240140701, 978-1240140701, Publisher: Gale, Making Of Modern
Law (2010)
13. Book: Pollock and Mulla: Mulla The Indian Partnership Act 7th Edition, by GC
Bharuka, Publisher: LexisNexis India (2007).
14. Book: Limited Liability Partnership, Publisher: Anim Publishing (2011).
15. Book: The Law of Partnership in India 7th Edition, by Satyajeet Desais, Publisher:
Lexis-Nexis India (2009).
16. Book: Bromberg & Ribstein on Limited Liability Partnerships, Revised Uniform
Partnership ACT& Uniform Limited Partnership ACT, by Alan R. Bromberg, Bromberg,
Larry E. Ribstein, Publisher: Aspen Publishers (2012).
17. Book: Law Relating To Limited Liability Partnership in India 1st Edition, by SA
Naik, Publisher: Lexis-Nexis India (2010).
18. Book: Law & Procedure of Limited Liability Partnership 2nd Edition, by Dr. D. K.
Jain, Publisher: Bharat Law House Pvt. Ltd (2009).
19. Book: The Law of Partnership in India 2010 Edition, by P C Markanda, Publisher:
Lexis-Nexis India (2010).
20. Book: Limited Liability Partnerships, by Aseem Goswami, Publisher: VDM Verlag (2010).
21. Book: The Law of Partnership, 2nd edition, by M. R. Mallick, Publisher: Eastern Law
House.
22. Book: The law relating to Guarantees, 5th edition, by S.N. Gupta, Publisher: Universal
Law publishing Co.
23. Book: Law of Guarantees, 5th edition, by Geraldine Andrews and Richard Millett,
Publisher: Thomson, Sweet and Maxwell.

24. Book: The Modern Contract of Guarantee, 2nd English edition, by J.C. Phillips, Publisher:
Sweet and Maxwell.
25. Book: International Commercial Agency and Distribution Agreements: Case Law
and Contract Clauses, Publisher: Kluwer Law International (2011).
26. Book: Agency, Partnerships and LLCs, 3rd edition, by Daniel S. Kleinberger, Publisher:
Wolter Kluwer Law and Business.
27. Book: Principles of the Law of Agency, by Howard Bennett, Publisher: Hart Publishing
(UK) (2013).
28. Book: Contract Law and Economics, edited by Gerrit De Geest, Volume 6, Encyclopedia
of Law and Economics, 2nd edition, Publisher: Edward Elgar.