Contract II

Goa University · LL.B. Semester 2 · LLB-105

Unit 1 — Special Contracts

1. Contract of Indemnity & Contract of Guarantee · a) Definition & essentials · b) Kinds of Contract of Guarantee · c) Rights and liability of parties under the contract · d) Discharge of surety · e) Points of distinction between contract of Indemnity and · Guarantee · 2. Contract of Bailment & Contract of Pledge · a) Definition & and fundamentals of contract · b) Kinds of Contract of Bailment · c) Rights and Duties of parties under the contract · d) Pledge by non-owners · e) Points of distinction between contract of Bailment and · Pledge

Unit 2 — Special Contracts

Contract of Agency · a) Definition and essentials of contract · b) Creation of agency · c) Extent of agents authority · d) Delegation of authority by Agent · e) Rights and liability of Principal · f) Rights and liability of agent under the contract and towards · 3rd party.

Unit 3 — Indian Partnership Act

a) Fundamentals of partnership, Mode of determining existence of partnership · b) Comparison between partnership and co-ownership, · Comparison between partnership and joint family business, · Comparison between partnership and company. · c) Types of Partnership · d) Rights, duties and obligations of partners. · e) Relation and liability of partners towards third persons; liability of firm for acts of partners · f) Scope of Implied authority of a partner. · g) Doctrine of holding out · h) Minor as a partner and liability · i) Incoming partners, retirement of partner and expulsion of partner · j) Modes of dissolution with rights and liabilities during and post dissolution · k) Property of firm and partners · l) Registration of firm and effects of non-registration.

Unit 4 — Sale of Goods Act

a) Definition and essentials of sale · b) Difference between contract of sale and agreement to sell. · Differentiate between hire – purchase and contract of sale. · c) Implied conditions and Warranties in a contract of sale · d) Transfer of property and Title in case of contract for sale · e) Performance of Contract, kinds of delivery and rules thereunder · f) Rights of Unpaid Seller against goods and buyer · g) Suits for breach of Contract

Unit 5 — Negotiable Instruments Act – Part I

a) Definition and essentials of Negotiable Instruments · b) Promissory note: · Definition, Nature and Essentials of Promissory Note · c) Bill of exchange: · Definition and essentials of a bill of exchange. Bills in sets · Distinction between · Bill of exchange and Promissory Note · d) Cheque: · Definition and essentials of a cheque. Distinction between · Cheque and Bill of exchange · e) Negotiation : · Indorsement and its kinds, Definition of holder, and, holder in due course · f) Holder in due course: · Rights and privileges of a holder in due course of a negotiable instrument · g) Payment in due course

Unit 6 — Negotiable Instruments Act – Part II

a) Parties to negotiable instruments and their liability. · b) Modes of discharge from liability: payment, cancellation, release, non-presentment, etc. · c) Crossing of cheques · d) Dishonour of cheques: Criminal liability of drawer for issuing cheques without funds · e) Presentment for payment · f) Dishonour: non acceptance, non-payment, Notice of dishonour · g) Noting and protest · h) Maturity of negotiable instruments