PROGRAMME

SEMESTER 

COURSE NAME

COURSE CODE 

BA.LLB (Hons.)   5 Year

II

Business Laws  (The Sale of Goods Act and Indian Partnership Act) 

 

The Sale of Goods Act, 1930

Module 1 – General: Formation of Contracts of Sale

  • Concept of ‘Goods’
  • ‘Sale’ and ‘Agreement to sell’
  • Statutory Transactions
  • Contract for ‘Works’/ ‘Labour’
  • Hire-Purchase Agreement

Module 2: Conditions and Warranties

  • Stipulation as to time
  • Implied Conditions and Warranties – as to title, quality,fitness
  • Doctrine of Caveat Emptor
  • Sale by Description and by Sample
  • Treating Conditions as Warranties

Module 3: Effects of the Contract

  • Transfer of property
  • Doctrine of Nemo dat quod non habet – sale by a person other than the owner.
  • Sale by joint owner
  • Sale by mercantile agent
  • Sale under voidable contract
  • Sale by seller or buyer in possession after sale
  • Sale in Market Overt

Module 4: Rights of Unpaid Seller

  • Who is an un-paid seller?
  • Un-paid Seller’s Rights – Right of lien, Right of stoppage in transit
  • Transfer of goods by buyer and seller 

INDIAN PARTNERSHIP ACT, 1932

Module 5:        Nature of Partnership

  • Definition of Partnership, Partner, Firm, and firm name (sec -4)
  • Partnership not created by status (sec -5)
  • Mode of determining existence of partnership (sec-6)
  • Partnership at will (sec- 7)
  • Particular Partnership (sec-8)

Module 6:        Rights and Duties of Partners

  • Duties of Partners (sec- 9)
  • Duty to indemnify for loss caused by fraud ( sec-10)
  • Determination of rights and duties of partners by contract (sec – 11)
  • Conduct of business (sec – 12)
  • Mutual rights and liabilities (sec – 13)
  • Property of the firm (sec – 14)
  • Application of the property of the firm (sec – 15)
  • Personal Profits earned by partners (sec – 16)
  • Rights & Duties of Partner (sec – 17)

Module 7:        Relation of Partners to Third Parties

  • Partners to be agent of firm (sec -18)
  • Implied Authority of partner as agent of firm (sec – 19)
  • Extension and restriction of partners implied authority (sec -20)
  • Liability of Partner for acts of firm (sec – 25)
  • Liability of firm for wrongful acts of a partner (sec – 26)
  • Holding out (sec- 28)
  • Minor as partner (sec – 30)

Module 8:        Incoming & Outgoing Partners (Rights & Liabilities)

  • Introduction of New Partner (sec -31)
  • Retirement of partner (sec – 32)
  • Expulsion of partner (sec – 33)
  • Right of outgoing partner to carry competing business (sec – 36)

Module 9:        Dissolution of a Firm

  • Dissolution by Agreement (sec – 40)
  • Compulsory Dissolution (sec – 41)
  • Dissolution on happening of certain contingencies ( sec42)
  • Dissolution by notice of partnership at will (sec – 43)
  • Dissolution by the Court (sec – 44)
  • Sale of Goodwill after dissolution (sec -55)
  • Effect of non-registration (sec – 69)

 

Books Recommended

  • Pollock &Mulla, The Sale of Goods Act, 8th By Satish J. Shah, 2011, Lexis Nexis
  • Law of Sale of Goods by Avtar Singh(latest edition)
  • Krishnamachari and Surinder K. Gogia, T.S. VenkatesaIyer’s Sale of Goods Act.
  • Benjamin, Sale of Goods (8thed) 2010
  • Atiyah, Adams &MacQueen, Sale of Goods(12thed 2010)
  • Sir DinshawFardunjiMulla, The Sale of Goods and the Indian Partnership Act, Lexis Nexis, 2012
  • Pollock &Mulla, G.C. Bharuka (ed.), Indian partnership Act (Lexis Nexis 2007)
  • C. Mitra& Pradeep Kacker, Law of Partnership in India, Orient, 2014
  • Avtar Singh, law of partnership (latest edition)
  • P. Verma (Rev) SD Singh and JP Gupta, Law of Partnership in India
  • Harpreet Kaur, Business and Corporate Laws, Lexis Nexis, 2013