Sathyabama Institute of Science and Technology B.Com.LL.B - B.Com.LL.B. (Honours) SAL1203 Special Contracts Syllabus

[Arvind Kumar]

Sathyabama Institute of Science and Technology B.Com.LL.B - B.Com.LL.B. (Honours) SAL1203 Special Contracts Syllabus

Sathyabama Institute of Science and Technology School of Law

SAL1203 SPECIAL CONTRACTS
L T P Credit Total Marks
4 1 0 4 100

UNIT 1 – CONTRACT OF INDEMNITY & CONTRACT OF GUARANTEE 15Hrs.
Contract of Indemnity: Definition - English and Indian Distinction- Rights of the Indemnity Holder and Indemnifier-
Implied Indemnity -Contract of Guarantee: Essentials and Nature of Guarantee- Distinction Between Guarantee and Indemnity
– Continuing Guarantee- Co Surety- Kinds – Rights of Surety- Nature and Extent of Surety’s Liability- Discharge of Surety's
Liability.

UNIT 2 – CONTRACT OF BAILMENT & CONTRACT OF PLEDGE 18Hrs.
Contract of Bailment: Definition of Bailment – Kinds of Bailees – Rights and Duties of Bailor & Bailee - Finder of Lost
Goods as a Bailee.
Contract of Pledge: Meaning- Comparison with Bailment – Definition – Rights of the Pawner and Pawnee- Pledge
by non-owner- Lien- Kinds of Lien- Their Nature and Incidents.

UNIT 3 – CONTRACT OF AGENCY 18Hrs.
Kinds of Agents and Agencies - Distinction Between Agent and Servant – Essentials of an Agency Transaction –
Various Methods of Creation of Agency - Delegation – Duties and Rights of Agent – Scope and Extent of Agent's Authority –
Liability of the Agent towards the Principal and Vice Versa - Termination of Agency Contract - Liability of the Principal and
Agent Before and After such Termination.

UNIT 4 – THE SALE OF GOODS ACT, 1930 17 Hrs.
Definition - Sale and Agreement to Sell- Hire Purchase Agreement - Specific Goods- Future Goods- Mercantile
Agent - How Sale is made- Rules for Fixing Price- Perishable Goods - Stipulation as to time and Other Stipulation- Conditions
and Warranties – Effect of Breach- When Condition is treated as Warranty- Implied Conditions and Warranties - Sale by nonowners-
Nemo dat quod non habet- Rules as to Delivery- Rights of Unpaid Vendor – Remedies Available to Seller and Buyer-
Auction Sale.

UNIT 5 – THE INDIAN PARTNERSHIP ACT, 1932 17Hrs.
Definition of Partnership- Essentials of Partnership- Distinction Between Partnership and Co-ownership – Joint
Hindu Family – Incorporation of Companies – Kinds of Partners and Duration of Partnership - Mutual Rights and Duties of
Partners- Minor as a Partner- Rights of Legal Representative and Surviving Partners- Authority of Partners – Implied and
Emergency – Principle of Agency in Partnership - Partnership Property – Tests - Settlement of Accounts – Goodwill-
Distribution of Assets - Retirement of Partners - Dissolution of Firm - Effect of non – Registration of Firm.
Max. 85 Hours

COURSE OUTCOMES:
On the completion of the course the student will be able to
CO1: Made to understand the need and importance of contract of indemnity and the special relationship between the
indemnifier and the indemnity holder.
CO2: Enabled the students to be familiar with the nature of contracts of Agency and the relationship between the Principal
and Agent.
CO3: Made to understand the legal responsibilities and liabilities of bailor and bailee in a contract of bailment.
CO4: Enabled the students to understand the essentials of a valid sale and the legal relationship between the buyer and the
seller.
CO5: Made to understand various commercial associations, legal regulation of partnership firms and joint and several liability
of the partners
CO6: This Course will equip the students with the required Professional Skills

TEXT / REFERENCE BOOKS
1. R.K Bangia, Contract (Part-2) - Law of Contract-II with Indian Partnership Act and Sale of Goods Act, Jain Book
Agency, Reprint 2015.
2. G.C.V. Subba Rao, Law of Contracts – I & II, S. Gogia& Co., Hyderabad, 11th ed., 2014.
3. Jack Beatson et.al, Ansons Law of Contract, Oxford University Press, 29th ed., 2010.
4. Pollock and Mulla, The Indian Partnership Act, Lexis NexisButterworthsWadhwa Nagpur, 2007 ed., Reprint 2011.
5. Avatar Singh, Law of Contract and Specific Relief, Eastern Book Company, Lucknow, 10th ed., 2008.

END SEMESTER EXAMINATION QUESTION PAPER PATTERN
Max. Marks:100 Exam Duration: 3 Hrs.
PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks
PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks
PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks