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 ( sec 42)
• 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, 8^th 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 (8^thed) 2010
• Atiyah, Adams & MacQueen, Sale of Goods (12^thed 2010)
• Sir Dinshaw Fardunji Mulla, 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