Special Contract
University of Calcutta · LL.B. Semester 2
Unit 1 — Indemnity
Indemnity- Definition, Implied indemnity, rights of indemnity holder, rights of indemnifier
Unit 2 — Guarantee
Guarantee · Definition, essentials, continuing guarantee, rights of surety against the creditor, principal debtor, and co-surety, Surety’s liability, Discharge of surety, Distinction between Indemnity and guarantee
Unit 3 — Bailment–Definition
Bailment–Definition, Kinds, Rights, and duties of bailor and bailee
Unit 4 — Pledge–Definition
Pledge–Definition, Pledge by non-owners, Distinction between bailment and pledge
Unit 5 — Contract of Agency–Definition
Contract of Agency–Definition, Distinction between agent and servant, Agency by ratification, Sub-agent, Substituted agent
Unit 6 — Rights and duties of agent
Rights and duties of agent, Personal liability, Notice to agent is notice to principal, Termination of agency, irrevocable agency
Unit 7 — Sale of goods
Sale of goods– Definition of sale and agreement to sell, Conditions and warranties, Sale by non-owners · CIF, FOB, Ex-ship contract, Sale by auction, Rules relating to passing of property in goods, Rights of unpaid seller
Unit 8 — Partnership–Definition
Partnership–Definition, Distinction between partnership and co-partnership, Joint Hindu Family, Limited Company, Test to determine partnership, Registration of firm, Rights and duties of partners, Minor and partnership, Reconstitution of firm, Dissolution of the firm
- Forms of business organization
- Definition of Partnership & Essentials Kinds of Partnership Partnership Property
- Rights and Duties of a Partner
- Implied Authority of a Partner
- Minor Admitted to the benefits of Partnership Incoming and Outgoing Partner Registration of Partnership Firm Dissolution of Partnership
- Public Notice in case of Partnership
Unit 9 — Limited Liability Partnership
Limited Liability Partnership– Meaning, features and benefits of forming a limited liability partnership, Disadvantages of a limited liability partnership, Differences between a limited liability partnership and a traditional partnership firm, Differences between a limited liability partnership and a Company · The above issues are to be studied with special reference to the Indian Contract Act, 1872, Indian Partnership Act, 1932, and Limited Liability Partnership Act, 2008, and relevant case laws on the subject.
- Nature of Limited Liability Partnership [Sections 2 — 10]
- Incorporation of Limited Liability Partnership [Sections 11 — 21]
- Partners and their Relations [Sections 22 — 25]
- Extent and Limitation of Liability of Limited Liability Partnership and Partners [Sections 26 — 31]
- Contributions [Sections 32 — 33]
- Assignment and Transfer of Partnership Rights [Section 42]
- Conversion into a Limited Liability Partnership [Sections 55 — 58]
- Winding up and Dissolution [Sections 63 — 65]
- Difference between Limited Liability Partnership incorporated under Limited Liability
- Partnership Act, 2008 and a Partnership Firm incorporated under the Indian Partnership
- Act, 1932 and a Company incorporated under Companies Act, 2013