Special Contracts

University of Kerala · LL.B. Semester 2 · Paper I

Unit I

Contract of indemnity and guarantee · Different aspects of surety’s liability · Comparison of guarantee with indemnity · Discharge of surety · Rights of surety against creditor · principal debtor and co-sureties

Unit II

Bailment · General features · Divisions of bailments · Requirement of consideration · Rights and liabilities of bailor and bailee · Finder of lost goods · Pledge or pawn · Pledge by limited owners

Unit III

Agency · General Features · Creation of agency and different method of such creation · Different kinds of agent · Delegation of authority · Sub-Agents and substituted agents · Rights and duties of agents and principal inter se · notice to agent · Fraud of agent Agent’s liability to third persons · Rights against agent personally Breach of warranty of authority · Undisclosed principal · Termination of agency · Revocation and renunciation · Termination by operation of law

Unit IV

Sale of goods · sale and agreement to sell · Formalities of sale · The price · Conditions and warranties (implied and express) · Fundamental breach · Transfers of property · Passing of risk · Effecting the performance of sale of goods · C.I.F. contracts · F.O.B. contracts · Right of buyer against seller · Suits for breach of contract · Rights of unpaid seller · Auction sale and hire purchase

Unit V

Partnership · Essentials partnership compared with ownership Company, Joint Hindu Family business and Society · A creation of status · Mode of determining partnership · Firm and firm name · Different types of partnership · Formation of partnership · Partnership property · Partnership by holding out · illegal partnership · Relations of partners to one another and to third parties · Incoming and outgoing partners · Retirement · Dissolution · Settlement of accounts · Sale of goodwill · Registration of firm