PROGRAMME |
SEMESTER |
COURSE NAME |
COURSE CODE |
LLB (Hons.) 3 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 ( 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, 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 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