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Contract II PDF
Contract II PDF
The primary goal of this course is to acquaint the students with the
basics of Special Contracts and enable them to grasp the nuances of the
contractual transactions involving these forms of contracts the law of sale
of goods and the law of partnership, negotiable instruments, government
contracts and infrastructure contracts and also at the recent developments
in the field of special contract. At the conclusion of this course students will
be able to analyze the implications of a contractual arrangement falling
under any of the discussed head of special contracts. They will be able to
determine the legality of the transactions and also the rights and duties of
the parties thereto. They will also be able to purposefully deal with the
disputes arising out of such contractual arrangements.
Module-I
Indemnity:
The concept, Definition of Indemnity, Nature and extent of liability of the
indemnifier, Commencement of liability of the indemnifier.
Guarantee:
The concept, Definition of guarantee: as distinguished from indemnity,
Basic essentials for a valid guarantee contract, Continuing guarantee,
Nature of surety's liability, Duration and termination of such liability, Rights
of surety, Position of surety in the eye of law, Various judicial
interpretations to protect the surety, Co-surety and manner of sharing
liabilities and rights, Extent of surety's liability, Discharge of surety's liability.
Module –II
Bailment:
Identification of bailment contracts in day today life, Manner of creation of
such contracts, Definition of Bailment, Creation and identification of
continuing guarantees, Duties of Bailor and Bailee towards each other,
Rights of bailor and bailee, Finder of goods as a bailee, Liability towards
the true owner, Obligation to keep the goods safe, Right to dispose off the
goods.
Pledge:
Comparison of Pledge with bailment, Commercial utility of pledge
transactions, Definition of pledge under the Indian contract Act, Rights of
the pawner and pawnee, Pownee's right of sale as compared to that of an
ordinary bailee.
Module-III
Agency:
Identification of different kinds of agency transactions in day to day life in
the commercial world, Kinds of agents and agencies, Distinction between
agent and servant, Essentials of a agency transaction, Various methods of
creation of agency, Delegation, Duties and rights of agent, Scope and
extent of agent's authority, Liability of the principal for acts of the agent
including misconduct and tort of the agent, Liability of the agent towards the
principal, Personal liability towards the parties, Methods of termination of
agency contract, Liability of the principal and agent before and after such
termination.
Module-IV
Module-V
References:
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