Special Contracts

University of Kota · LL.B. Semester 2 · Paper 5

Unit 1 — Contract of Indemnity and Guarantees

(a) Meaning, Distinction between indemnity and gaurantee and kind of guarantees. · (b) Right of indemnity holder. · (c) Rights of the surety, extent of liability of the surety. · (d) Discharge of liability of the surety.

Unit 2 — Contracts of Bailment and Pledge

(a) Meaning and kinds of contract of Bailment-Bailment without consideration · (b) Rights and duties of bailee and bailor. · (c) Termination of contract of Bailment. · (d) Position of the finder of goods under law. · (e) Contract of pledge - meaning and definition. Pledge by unauthorised persons. · (f) Rights and duties of pawner and pawnee

Unit 3 — Contract of Agency

(a) Definition, kinds and modes of creation of Agency. · (b) Relations between the Principal and agent. The Principal and third party and The agent and the third party. · (c) Determination of agent‘s Authority :- By the acts of parties and by operation of Law. Irrevocable authority.

Unit 4 — Contract of Sale of Goods

(a) Sale - Meaning Definition and elements. · (b) Agreement to sell, hire-purchase agreements and a contract for work and labour - meaning and distinctions from sale. · (c) Goods - existing future and contingent. · (d) Condition and warranties. · (e) Passing of property and risk from seller to buyer. · (f) Sale by unauthorised person. · (g) Law relating to performance of sale. · (h) Rights of unpaired seller.

Unit 5 — Contract of Partnership

(a) Meaning definition, formation and the characteristics of contract of partnership. · (b) Distinction between: · (I) Co-ownership and partnership · (ii) Joint Hindu Family firm and partnership ; and · (iii) Company and partnership · (c) Position of Minor · (d) Relations interest of partners and relation of partners with third parties. · (e) Registration of partnership firm · (f) Dissolution of partnership and of firm.