105 Special Contract

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LL.B. STUDY NOTES

105 Special Contract
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105 Special Contract

CONTENTS
Module-1) Indemnity and Guarantee.

Module-2) Bailment, Pledge and Agency.
Module-3) Sale of Goods Act.
Module-4) Partnership Act.
Objectives of course :
This course is to be taught after the students have been made familiar with the general
principles of contract in which the emphases is on understanding and appreciating the
basic essentials of valid contract and on the existence of contractual relationship in
various instances. Obviously a course on special contracts should initiate the students to
different kinds of contracts with emphasis on the intricacies therein. This course also
should provide an insight into the justification for special statutory provisions for certain
kinds of contracts.
Module-1) Indemnity and Guarantee

1.1) Indemnity : concept, Need for indemnity, definition
1.2) Methods of creating indemnity obligations ..
1.3) Commencement, Nature and extent of liability of the indemnifier
1.4) Situations of various type of indemnity creations, Documents/
agreements of indemnity, Nature of indemnity clauses
1.5) Guarantee : Concept, essentials for a valid guarantee contract
1.6) Rights & Liabilities of Surety
GO TO CONTENTS.
MODULE-1 QUESTIONS :
What is the meaning of "contract of indemnity? Discuss the need and methods of
creating indemnity obligation. (Nov-2012, Mar-2014)
Give definition of Contract of Indemnity and explain its essential elements. (Apr-
2013, Nov-2014)
Discuss : various type of indemnity creations.
Discuss : Commencement, Nature and extent of liability of the indemnifier.
Discuss : Nature of indemnity clauses.
Write short note : Rights of Indemnity holder (Apr-2013)
Describe the ingredients of "Contract of indemnity" and "Contract of guarantee". (Oct-
2013)
Defining the contract of indemnity and "Contract of Guarantee', describe its
ingredients. (Dec-2015)
Define contract of guarantee and discuss its essential elements. (Nov-2012, Nov-
2014)
Discuss : essentials for a valid guarantee contract.
2013)
In which circumstances the contract of Guarantee can be terminated ? Explain.
(Mar-2014)
Write short note : Continuing Guarantee (Apr-2013)
Define Agency and Continuing Guarantee. Explain when it comes to an end with
necessary illustrations, (Dec-2015)
Explain the Rights and Liabilities of Surety. (Apr-2013)

Discuss the rights of surety against principal debtor, (Dec-2015)
Discuss the rights and liabilities of surety. (Oct-2013)
Write note : Rights and Liabilities of Co-sureties. (Nov-2014)
GO TO CONTENTS.
MODULE-1 ANSWERS :
What is the meaning of "contract of indemnity? Discuss the need and methods of
creating indemnity obligation. (Nov-2012, Mar-2014)
Give definition of Contract of Indemnity and explain its essential elements. (Apr-
2013, Nov-2014)
Discuss : various type of indemnity creations.
Discuss : Commencement, Nature and extent of liability of the indemnifier.
Discuss : Nature of indemnity clauses.
Write short note : Rights of Indemnity holder (Apr-2013)
2013)
ANSWER :
Refer :

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.
Define contract of guarantee and discuss its essential elements. (Nov-2012, Nov-
2014)
Discuss : essentials for a valid guarantee contract.
2013)
ANSWER :
Refer :

GO TO CONTENTS.
In which circumstances the contract of Guarantee can be terminated ? Explain.

(Mar-2014)
ANSWER :
Refer :

GO TO CONTENTS.
Write short note : Continuing Guarantee (Apr-2013)

ANSWER :
Refer :

GO TO CONTENTS.
Explain the Rights and Liabilities of Surety. (Apr-2013)

Discuss the rights of surety against principal debtor, (Dec-2015)
Discuss the rights and liabilities of surety. (Oct-2013)
ANSWER :
Refer :

GO TO CONTENTS.
Write note : Rights and Liabilities of Co-sureties. (Nov-2014)

ANSWER :
Refer :

GO TO CONTENTS.
Module-2) Bailment, Pledge and Agency :

2.1) Bailment : Essential Features, Rights & duties of Bailor & Bailee
2.2) Pledge : Definition Rights and duties of Pawnee, who can pledge?
2.3) Agency :
2.3.1) Definition, Essentials, kinds of agents, creation of Agency
2.3.2) Relations of Principal and Agent : Rights and duties of Agent
2.3.3) Relations of Principal with Third Parties
2.3.4) Methods of termination of Agency Contract
2.3.5) Liabilities of Principal and Agent before and after termination of
Agency Contract
GO TO CONTENTS.
Define the contract of Bailment. Explain its characteristics and explain the duties of
Bailor and Bailee. (Oct-2013)
Explain the Rights and Liabilities of Bailor. (Apr-2013)
Write short note : Duties of Bailee (Apr-2013)
Define Bailment' and explain its essential elements. (Nov-2012, Mar-2014, Nov-
2014)
Write short note : Rights and duties of Finder of goods" (Dec-2015)
Define Contract of Bailment and Contract of Pledge." State the difference between
them. (Dec-2015)
Discuss : who can pledge?
Write short note : Pledge (Apr-2013)
Discuss : Rights and duties of Pawnee.
Write short note : Rights of Pawnee (Oct-2013)
What is Agency ? State its essentials elements. Explain how agency can be
terminated by act of parties and by law. (Oct-2013)
Discuss in detail the modes of creation and termination of agency. (Nov-2012,
Mar-2014)
Give definition of Agency and explain how agency terminated. (Apr-2013, Nov-
2014)
Discuss : Relations of Principal and Agent : Rights and duties of Agent .

Discuss : Liabilities of Principal and Agent before and after termination of
Agency Contract.
Discuss : Relations of Principal with Third Parties .
Write note : Undisclosed Principal (Nov-2012)
Write short note : Holding out Agent (Apr-2013)
Write note : Del-creder Agent (Nov-2012, Nov-2014)
GO TO CONTENTS.
MODULE-2 ANSWERS :
Define the contract of Bailment. Explain its characteristics and explain the duties of
Bailor and Bailee. (Oct-2013)
Explain the Rights and Liabilities of Bailor. (Apr-2013)
Write short note : Duties of Bailee (Apr-2013)
Define Bailment' and explain its essential elements. (Nov-2012, Mar-2014, Nov-
2014)
ANSWER :
Refer :

GO TO CONTENTS.
Write short note : Rights and duties of Finder of goods" (Dec-2015)

ANSWER :
Refer :

GO TO CONTENTS.
Define Contract of Bailment and Contract of Pledge." State the difference between
them. (Dec-2015)
Discuss : who can pledge?

Write short note : Pledge (Apr-2013)
ANSWER :
Refer :

GO TO CONTENTS.
Discuss : Rights and duties of Pawnee.

Write short note : Rights of Pawnee (Oct-2013)
ANSWER :
Refer :

GO TO CONTENTS.
What is Agency ? State its essentials elements. Explain how agency can be
terminated by act of parties and by law. (Oct-2013)
Discuss in detail the modes of creation and termination of agency. (Nov-2012,
Mar-2014)
Give definition of Agency and explain how agency terminated. (Apr-2013, Nov-
2014)
ANSWER :
Refer :

GO TO CONTENTS.
Discuss : Relations of Principal and Agent : Rights and duties of Agent.

Discuss : Liabilities of Principal and Agent before and after termination of
Agency Contract.
ANSWER :
Refer :

GO TO CONTENTS.
Discuss : Relations of Principal with Third Parties.

ANSWER :
Refer :

GO TO CONTENTS.
Write note : Undisclosed Principal (Nov-2012)

ANSWER :
Refer :

GO TO CONTENTS.
Write short note : Holding out Agent (Apr-2013)

ANSWER :
Refer :

GO TO CONTENTS.
Write note : Del-creder Agent (Nov-2012, Nov-2014)

ANSWER :
Refer :

GO TO CONTENTS.
Module-3) Sale of Goods Act :

3.1) Contract of sale : Concept, Essentials, Implied Terms
3.2) Rule of Caveat Emptor
3.3) Conditions and Warrantees
3.4) Transfer of title and passing of risk
3.5) various rules regarding delivery of goods
3.6) Unpaid Seller and his rights
GO TO CONTENTS.
Write note : Contract of sale and agreement to sell (Nov-2012, Mar-2014)

Write short note : Sale and Agreement to sell (Apr-2013)
Write short note : Auction Sale (Apr-2013)
Write short note : Rule of Caveat Emptor (Mar-2014)
Define conditions and warranties. Explain the implied condition as to the quality and
fitness of the goods. (Nov-2012)
Explain the meaning of conditions and warranties and discuss the difference
between them. (Apr-2013)
What are the Conditions and Warranties ? Explain the implied conditions as to
quality or fitness of goods. (Dec-2015)
Discuss in detail "Conditions and Warranties". (Oct-2013)
Discuss : Transfer of title and passing of risk.
"No seller can give to buyer a better title than what he himself has." Explain
exceptions to this rule. (Oct-2013, Mar-2014, Nov-2014, Dec-2015)
Write note : Rules as to Delivery of Goods. (Nov-2014)
Write short note : F.O.B. and C.I.F. contracts (Oct-2013)
Define an "unpaid seller. Discuss the rights of an unpaid-seller. (Nov-2012, Mar-
2014, Nov-2014)
Explain in detail Rights of an unpaid seller. (Apr-2013)
Write short note : Rights of unpaid seller (Oct-2013, Dec-2015)
GO TO CONTENTS.
MODULE-3 ANSWERS :
Write note : Contract of sale and agreement to sell (Nov-2012, Mar-2014)

Write short note : Sale and Agreement to sell (Apr-2013)
ANSWER :
Refer :

GO TO CONTENTS.
Write short note : Auction Sale (Apr-2013)

ANSWER :
Refer :

GO TO CONTENTS.
Write short note : Rule of Caveat Emptor (Mar-2014)

ANSWER :
Refer :

GO TO CONTENTS.
Define conditions and warranties. Explain the implied condition as to the quality and
fitness of the goods. (Nov-2012)
Explain the meaning of conditions and warranties and discuss the difference
between them. (Apr-2013)
What are the Conditions and Warranties ? Explain the implied conditions as to
quality or fitness of goods. (Dec-2015)
Discuss in detail "Conditions and Warranties". (Oct-2013)
ANSWER :
Refer :

GO TO CONTENTS.
Discuss : Transfer of title and passing of risk.

"No seller can give to buyer a better title than what he himself has." Explain
exceptions to this rule. (Oct-2013, Mar-2014, Nov-2014, Dec-2015)
ANSWER :
Refer :

GO TO CONTENTS.
Write note : Rules as to Delivery of Goods. (Nov-2014)

ANSWER :
Refer :

GO TO CONTENTS.
Write short note : F.O.B. and C.I.F. contracts (Oct-2013)

ANSWER :
Refer :

GO TO CONTENTS.
Define an "unpaid seller. Discuss the rights of an unpaid-seller. (Nov-2012, Mar-

2014, Nov-2014)
Explain in detail Rights of an unpaid seller. (Apr-2013)
Write short note : Rights of unpaid seller (Oct-2013, Dec-2015)

ANSWER :
Refer :

GO TO CONTENTS.
Module-4) Partnership Act:

4.1) Partnership : Nature, scope Definition, Kinds of Partnership
4.2) Rights and duties of Partners, Liabilities of Partners
4.3) Registration of Firm, Effect of non-Registration
4.4) Dissolution of firm and its effects
4.5) Liability of Partners under the Limited Liability Partnership Act
GO TO CONTENTS.
Define Partnership and explain in detail various types of partnership. (Mar-2014)

Write short note : Rights and duties of Partners (Mar-2014)
Give definition of partnership and explain in details the Rights and Liabilities of
partners. (Apr-2013, Nov-2014)
Define partnership and discuss legal requirements of a partner. (Dec-2015)
Define partnership and discuss legal requirements of a partnership. (Oct-2013)
Write note : Minor partner (Nov-2012, Apr-2013, Mar-2014, Dec-2015)
Write note : Liability by holding out partner. (Nov-2014)
Explain the procedure of Registration of Partnership firm and discuss the demerits of
an unregistered firm. (Apr-2013)
Discuss in detail the effect of non-registration of partnership. (Nov-2012, Nov-
2014)
Write short note : Effects of non-registration of firm (Oct-2013)
State the provision regarding Registration of partnership firm. Discuss in detail the
effect of non-registration of firm. (Dec-2015)
State the various modes of dissolution of partnership. (Nov-2012, Oct-2013, Mar-
2014)
Write short note : Dissolution of partnership firm by court (Dec-2015)
Discuss : Effect of dissolution of partnership.
Discuss : Liability of Partners under the Limited Liability Partnership Act .
GO TO CONTENTS.
MODULE-4 ANSWERS :
Define Partnership and explain in detail various types of partnership. (Mar-2014)

Write short note : Rights and duties of Partners (Mar-2014)
Give definition of partnership and explain in details the Rights and Liabilities of
partners. (Apr-2013, Nov-2014)
Define partnership and discuss legal requirements of a partner. (Dec-2015)
Define partnership and discuss legal requirements of a partnership. (Oct-2013)
ANSWER :
Refer :

GO TO CONTENTS.
Write note : Minor partner (Nov-2012, Apr-2013, Mar-2014, Dec-2015)

ANSWER :
Refer :

GO TO CONTENTS.
Write note : Liability by holding out partner. (Nov-2014)

ANSWER :
Refer :

GO TO CONTENTS.
Explain the procedure of Registration of Partnership firm and discuss the demerits of
an unregistered firm. (Apr-2013)
Discuss in detail the effect of non-registration of partnership. (Nov-2012, Nov-
2014)
Write short note : Effects of non-registration of firm (Oct-2013)
State the provision regarding Registration of partnership firm. Discuss in detail the
effect of non-registration of firm. (Dec-2015)

ANSWER :
Refer :

GO TO CONTENTS.
State the various modes of dissolution of partnership. (Nov-2012, Oct-2013, Mar-

2014)
Write short note : Dissolution of partnership firm by court (Dec-2015)
Discuss : Effect of dissolution of partnership.
ANSWER :
Refer :

GO TO CONTENTS.
Discuss : Liability of Partners under the Limited Liability Partnership Act.

ANSWER :
Refer :

GO TO CONTENTS.
*** End-of-Compilation ***

Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.
Credits/ copyrights duly acknowledged.
Suggested Reading :
Beasten (Ed), Ansons Law of Contract
P. S. Atiya, Introduction to the Law of Contract (Claredon Law Series)

Avtar Singh, Law of Contract, Eastern Lucknow
G. C. Cheshire, and H. S. Fifoot and M. P. Formston Law Contract ELBS with
Butterworths. -
M. Krishnan Nair, Law of Contract,
G.H. Trinel, Law of Contract Sweet & Maxwell
R.K. Abichandani (ed), Pollock and Mulla on the Indian contract and the Specific Relief
Act, Butterworths Publication
Benerjee S.C. Law of Specific Relief, Universal
Anson, Law of Contract, Universal
Dutt on Contract, Universal
Anand and Aiyer, Law of Specific Relief, Universal.
Pollok and Mulla, Partnership Act, Butterworths Publication
Mulla on Sale of Goods Act

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LL.B. STUDY NOTES

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105 Special Contract

Module-1) Indemnity and Guarantee.

Module-1) Indemnity and Guarantee

Explain the Rights and Liabilities of Surety. (Apr-2013)

In which circumstances the contract of Guarantee can be terminated ? Explain.

Write short note : Continuing Guarantee (Apr-2013)

Explain the Rights and Liabilities of Surety. (Apr-2013)

Write note : Rights and Liabilities of Co-sureties. (Nov-2014)

Module-2) Bailment, Pledge and Agency :

Discuss : Relations of Principal and Agent : Rights and duties of Agent .

Write short note : Rights and duties of Finder of goods" (Dec-2015)

Discuss : who can pledge?

Discuss : Rights and duties of Pawnee.

Discuss : Relations of Principal and Agent : Rights and duties of Agent.

Discuss : Relations of Principal with Third Parties.

Write note : Undisclosed Principal (Nov-2012)

Write short note : Holding out Agent (Apr-2013)

Write note : Del-creder Agent (Nov-2012, Nov-2014)

Module-3) Sale of Goods Act :

Write note : Contract of sale and agreement to sell (Nov-2012, Mar-2014)

Write note : Contract of sale and agreement to sell (Nov-2012, Mar-2014)

Write short note : Auction Sale (Apr-2013)

Write short note : Rule of Caveat Emptor (Mar-2014)

Discuss : Transfer of title and passing of risk.

Write note : Rules as to Delivery of Goods. (Nov-2014)

Write short note : F.O.B. and C.I.F. contracts (Oct-2013)

Define an "unpaid seller. Discuss the rights of an unpaid-seller. (Nov-2012, Mar-

Write short note : Rights of unpaid seller (Oct-2013, Dec-2015)

Module-4) Partnership Act:

Define Partnership and explain in detail various types of partnership. (Mar-2014)

Define Partnership and explain in detail various types of partnership. (Mar-2014)

Write note : Minor partner (Nov-2012, Apr-2013, Mar-2014, Dec-2015)

Write note : Liability by holding out partner. (Nov-2014)

effect of non-registration of firm. (Dec-2015)

State the various modes of dissolution of partnership. (Nov-2012, Oct-2013, Mar-

Discuss : Liability of Partners under the Limited Liability Partnership Act.

*** End-of-Compilation ***

P. S. Atiya, Introduction to the Law of Contract (Claredon Law Series)

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* End-of-Compilation *