This document outlines a law course on Constitutional Law I and Contract I & II at The Maharaja Sayajirao University Of Baroda for the academic year 2014-2015. The course on Constitutional Law I provides an overview of the Indian constitution and covers topics like fundamental rights, directive principles of state policy, and citizenship. The Contract I course introduces students to the general principles of contract law, including chapters on offer/acceptance, consideration, capacity to contract, and remedies for breach of contract. Contract II focuses on special contracts involving guarantee, bailment, pledge, agency, sale of goods, partnership, and negotiable instruments. Both courses aim to acquaint students with the conceptual and operational parameters of various areas of legal study.
This document outlines a law course on Constitutional Law I and Contract I & II at The Maharaja Sayajirao University Of Baroda for the academic year 2014-2015. The course on Constitutional Law I provides an overview of the Indian constitution and covers topics like fundamental rights, directive principles of state policy, and citizenship. The Contract I course introduces students to the general principles of contract law, including chapters on offer/acceptance, consideration, capacity to contract, and remedies for breach of contract. Contract II focuses on special contracts involving guarantee, bailment, pledge, agency, sale of goods, partnership, and negotiable instruments. Both courses aim to acquaint students with the conceptual and operational parameters of various areas of legal study.
This document outlines a law course on Constitutional Law I and Contract I & II at The Maharaja Sayajirao University Of Baroda for the academic year 2014-2015. The course on Constitutional Law I provides an overview of the Indian constitution and covers topics like fundamental rights, directive principles of state policy, and citizenship. The Contract I course introduces students to the general principles of contract law, including chapters on offer/acceptance, consideration, capacity to contract, and remedies for breach of contract. Contract II focuses on special contracts involving guarantee, bailment, pledge, agency, sale of goods, partnership, and negotiable instruments. Both courses aim to acquaint students with the conceptual and operational parameters of various areas of legal study.
This document outlines a law course on Constitutional Law I and Contract I & II at The Maharaja Sayajirao University Of Baroda for the academic year 2014-2015. The course on Constitutional Law I provides an overview of the Indian constitution and covers topics like fundamental rights, directive principles of state policy, and citizenship. The Contract I course introduces students to the general principles of contract law, including chapters on offer/acceptance, consideration, capacity to contract, and remedies for breach of contract. Contract II focuses on special contracts involving guarantee, bailment, pledge, agency, sale of goods, partnership, and negotiable instruments. Both courses aim to acquaint students with the conceptual and operational parameters of various areas of legal study.
Baroda LL.B.(Gen.) I CONSTITUTIONAL LAW - I I LAW1106
YEAR SEMESTER
ACADEMIC YEAR 2014-2015
Constitution is the basic legal document of our country. This course gives an insight into the historical perspective of the drafting of the Indian Constitution. Further it is also devoted to a detailed analysis of the Fundamental Rights and Freedoms guaranteed by Part III and complemented by the Directive Principles of State Policy. The chapter of Fundamental Duties is also to be studied in this course and an effort is made to articulate the basic values which the Indian Constitution has identified.
OBJECTIVES:
COURSE CONTENT/SYLLABUS Nature of Indian Constitution Preamble of Indian Constitution Salient feature of Indian Constitution Equality and Social Justice (Art 14 to 18) Freedom and social control (Art -19) Personal Liberty (Art 20 to 22) Secularism (Art 25 to 28) Cultural and educational rights (art 29 and 30) Prohibition of traffic in human beings and forced labour (Article 23) Prohibition of employment of children in factories (Article 24) Directive principles of State Policy Fundamental duties Citizenship
REFRENCES Constitutional Law of India, Dr. J.N. Pandey, 50th Edition. Central Law Agency Indian Constitutional Law, Prof. M. P. Jain, 5th Edition,2009, LexisNexis Butterworths Wadhwa, Nagpur Indian Constitutional Law, Dr. D.D. Basu Indian Constitutional Law, H.M. Seervai 4th Edition, Volume 1 Universal Law Publishing Company
CHAPTER 3
CHAPTER 4
CHAPTER 5
REFERENCES 1 2 3 4 5 6 7 8 9
Beatsen (ed.), Ansons Law of Contract (27 th ed. 1998)
P.S. Atiya, Introduction to the Law of Contract Avtar Singh, Law of Contract (2000) Eastern, Lucknow G. C. Cheshire, and H. S. Fifoot and M. P. Furmston, Law of Contract (1992) ELBS M. Krishnan Nair, Law of Contract (1998) G. H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint) R. K. Abichandani, (ed.), Pollock and Mulla on the Indian Contract and the Specific Relief Act(1999), Tripathi Banerjee, S. C. Law of Specific Relief (1998), Universal Anson, Law of Contract (2000) Universal
The Maharaja Sayajirao University Of Baroda
Faculty Of Law
ACADEMIC YEAR 2014-2015
LL.B.(Gen.)
YEAR SEMESTER
OBJECTIVES: CHAPTER 1
I I
Contract II LAW1106
This course emphasis on special contracts and the
intricacies therein. This course also provides an insight into the justification to special statutory provisions for certain kinds of contracts. COURSE CONTENT/SYLLABUS Guarantee 1.1 The concept. 1.2. Definition of guarantee: as distinguished from indemnity.
1.3. Basic essentials for a valid guarantee contract.
1.4. The place of consideration and the criteria for 1.5. Position of minor and validity of guarantee when minor is the principal debtor, creditor or surety. 1.6. Continuing guarantee. 1.6.1. Nature of surety's liability 1.6.2. Duration and termination of such liability 1.7. Illustrative situations of existence of continuing 1.7.1 Creation and identification of continuing guarantees. 1.8. Letters of credit and bank guarantees as instances of guarantee transactions 1.9. Rights of surety: 1.9.1. Position of surety in the eye of law 1.9.2. Various judicial interpretations to protect the surety. 1.10. Co-surety and manner of sharing liabilities and rights. 1.11. Extent of surety's liability. 1.12. Discharge of surety's liability.
CHAPTER 2
Bailment 2.1. Identification of bailment contracts in day today life. 2.1.1. Manner of creation of such contracts 2.2. Commercial utility of bailment contracts 2.3. Definition of bailment 2.4. Kinds of bailees 2.5. Duties of Bailor and Bailee towards each other 2.6. Rights of bailor and bailee 2.7. Finder of goods as a bailee. 2.7.1. Liability towards the true owner. 2.7.2. Obligation to keep the goods safe 2.7.3. Right to dispose off the goods.
CHAPTER 3
Pledge 3.1. Pledge: comparison with bailment 3.2. Commercial utility of pledge transactions 3.3. Definition of pledge under the Indian contract Act 3.4. Other statutory regulations(State & Centre) regarding pledge, reasons for the same 3.5. Rights of the pawner and pawnee. 3.5.1. Pownee's right of sale as compared to that of an ordinary bailee 3.6. Pledge by certain specified persons mentioned in the Indian Contract Act.
Identification of different kinds of agency transactions in day to day life in the commercial 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.
CHAPTER 5
Sale of Goods 5.1. Concept of sale as a contract 5.2. Illustrative instances of sale of goods and the nature of such contracts. 5.3. Essentials of contract of sale 5.4. Essential conditions in every contract of sale 5.5. Implied terms in contract of sale 5.6. The rule of caveat emptor and the exceptions thereto under the Sale of Goods Act. 5.7. Changing concept of caveat emptor 5.8. Effect and meaning of implied warranties in a sale 5.9. Transfer of title and passing of risk 5.10. Delivery of goods: various rules regarding delivery of goods. 5.11. Unpaid seller and his rights 5.12. Remedies for breach of contract
CHAPTER 6
Partnership 6.1. Nature of partnership: definition 6.2. Distinct advantages and disadvantages vis-a-vis partnership and private limited company 6.3. Mutual relationship between partners 6.4. Authority of partners 6.5. Admission of partners. 6.6. Outgoing of partners. 6.7. Registration of Partnership 6.8. Dissolution of Partnership
CHAPTER 7
Negotiable Instruments 7. 1. The concept 7.2. Various kinds 7.3. Essential requirements to make an instrument negotiable. 7.4. Competent parties for making and negotiation 7.5. Acceptance of the instrument. 7.6. Dishonour by non acceptance and remedies available to the holder 7.7. Holder and holder in due course; meaning, essential conditions rights and privileges of holder in course and indorsee from the holder in due course. 7.8. Negotiation of the instrument. 7.9. Presentment of the instrument. 7.10. Cheques: rules regarding payment of cheque 7.10.1. Liability of the collecting banker and paying banker. 7.10.2. Dishonour of cheque and its effect. 7.10.3. Discharge from liability 7.11. Kinds of bills 7.12. Evidence 7.12.1. Special rules of evidence regarding negotiable instruments REFERENCES
1 2 3 4 5
R.K.Abhichandani (ed.), Pollock and Mulla on Contracts and Specific Relief Acts (1999) Tripathi, Bombay Avtar Singh, Contract Act (2000), Eastern, Lucknow. UGC Model Curriculum Krishnan Nair, Law of Contract,^ 999) Orient Aviar Principles of the Law of Goods Hire&Purchase Eastern, Lucknow A. G. Singh, Guest (ed.), Benjamin's SaleofofSale Goods (1992),and Sweet Maxwell. (1998), Bhashyam and Adiga, The J.P.Verma (ed.), Singh and Gupta, The Law of Partnership in India (1999), Orient Law House, New Negotiable Instruments ,4cf (1995), Bharath, Allahabad M.S.Parthasarathy (ed.}, J. S. Khergamvala,
The Maharaja Sayajirao University Of Baroda
Faculty Of Law LL.B.(Gen.)
YEAR SEMESTER
I I
ACADEMIC YEAR 2014-2015
CONTRACT I LAW1106
OBJECTIVES:
Every man in his day to day life from dawn to dusk makes a variety of contracts. This course is designed to acquaint the students with the conceptual and operational parameters of various general principles of contractual relations.
CHAPTER 1
Nature of contract
CHAPTER 2
offer and acceptance
CHAPTER 3
consideration
CHAPTER 4
Capacity to contract
CHAPTER 5
Free consent
CHAPTER 6
Legality of object
CHAPTER 7
Void agreements
CHAPTER 8
Contingent contract
CHAPTER 9
Performance of contract
CHAPTER 10
Discharge of contract
CHAPTER 8
Remedies for the breach of contract
CHAPTER 9
Quasi contract
CHAPTER 10
Specific relief Act, 1963
COURSE CONTENT/SYLLABUS
Refrences Beatsen (ed.), Ansons Law of Contract (27 th ed. 1998) P.S. Atiya, Introduction to the Law of Contract 1992 reprint (Claredon Law Series) Avtar Singh, Law of Contract (2000) Eastern, Lucknow G. C. Cheshire, and H. S. Fifoot and M. P. Furmston, Law of Contract (1992) ELBS with Butterworth M. Krishnan Nair, Law of Contract (1998) G. H. Treitel, Law of Contract, Sweet & Maxwell (1997 Reprint) R. K. Abichandani, (ed.), Pollock and Mulla on the Indian Contract and the Specific Relief Act(1999 Banerjee, S. C. Law of Specific Relief (1998), Universal Anson, Law of Contract (2000) Universal
The Maharaja Sayajirao University Of Baroda
Faculty Of Law LL.B.(GEN)
YEAR SEMESTER
OBJECTIVES:
I I
LAW OF CRIMES LAW4104 The Indian society has changed very rapidly since Independence. A proper understanding of crimes, methods of controlling them and socio-economic and political reasons for their existence is very important in the larger context of India's development, if students are to use their knowledge and skills to build a just and humane society. the curriculum outliner here attempts to bring in this new perspectives.
CHAPTER 1
COURSE CONTENT/SYLLABUS Brief historical background of criminal law
CHAPTER 2
Constituting elements of crime
CHAPTER 3
General explanation
3.1 Man Women (S,10)
3.2 Judge (S.19) 3.3 Public servant (S.21) 3.4 Wrongful gain Wrongful loss (S.23) 3.5 Dishonestly (S.24) 3.6 Fraudulently (S.25) 3.7 Voluntarily (S.39) 3.8 Injury (S.44) 3.9 Good faith (S.52) CHAPTER 4
Theories of punishment and concept of capital punishment
CHAPTER 5
Provisions relating to punishments (S.52 to 75)
CHAPTER 6
Law relating to join offenders (S.34 to 38)
CHAPTER 7
General exceptions (S.76 to 95)
CHAPTER 8
Right to private defense (S.96 to 106)
CHAPTER 9
Abetment (S.107 to 120)
CHAPTER 10 Criminal conspiracy (S.120A, 120B)
CHAPTER 11 Offences against state (S.121 to 130) CHAPTER 12 Offences against Public tranquility (S.141 to 160) CHAPTER 13 False evidence and offences against public justice (S.191 to 193) CHAPTER 14 Offences affecting to public health, safely ,decency and morals CHAPTER 15 Offences relating to religion (S.295 to 298)
ACADEMIC YEAR 2014-2015
CHAPTER 16 Offences affecting the human body
16.1 Culpable homicide (S.299)
16.2 Murder (S.300 to 304) 16.3 Causing death by negligence (S.304A) 16.4 Hurt grievous hurt (S.319 to 325) 16.5 Wrongful restraint wrongful confinement (S.339 to 348) 16.6 Kidnapping abduction (S.359 to 366) 16.7 Rape (S.375 to 376) CHAPTER 17 Offences against property
17.1 Theft (S. 378 to 382)
17.2 Extortion (S.383 to 389) 17.3 Robbery (S.390) 17.4 Criminal breach of trust and criminal misappropriation (S.405 to 409) 17.5 Cheating (S.415 to 420) 17.6 Trespass (S.441 to 456) CHAPTER 18 Forgery (S.463 to 465,477A) CHAPTER 19 Offences relating to marriage 19.1 Bigamy (S.494 and 495) 19.2 Adultery (S.497) 19.3 Cruelty (S.498A) CHAPTER 20 Defamation (499 and 500) CHAPTER 21 Criminal intimidation, insult (S.503 to 505,509)
References
1 K.D. Gaur, Criminal Law: Cases and Materials (1999), Butterworths, India Ratanlan-Dhirajlal's Indian Penal Code (1994 reprint) K.D.Gaur, A Text Book on the Indian Penal Code (1998), 2 P.S.Achuthan Pillai, Criminal Lawand (1995) Eastern, Lucknow. Hidayathullah.M., et.al., Ratanlal Dhirajlal The Indian Penal Code (1994 reprint), Wadhwa & Co., 3 Nagpur. 4 B.M.Gandhi, Indian Penal Code (1996), Eastern, Nagpur
The Law of Civil Liability has been traditionally understood as the law of wrongs against individuals However with rapid industrialization, advances in science and technology, globalization and the abs security, tort litigation has assumed greater significance for the Reddressal of wrongs committed by multinational corporations, manufacturers and government monopolies,. This course examines the its complexity. Tort liability arising from specific legislation such as Motor Vehicle Act, Consumer Pr is taught in this subject COURSE CONTENT/SYLLABUS General Principles -Definition of torts,of nature, Essential elements tort characteristics of torts and Capacity to sue who cannot sue and cannot be sued Defenses in an action for torts Discharge of Torts Vicarious liability (liability for the wrongs committed by others) Remedies in an action for tort - Judicial remedies Trespass to person viz. Damages, injunction and specific -Wrongs Assault,affecting Battery,reputation false imprisonment - Defamation, Slander,property Defences available Torts relating Libel, to immovable -Torts Trespass, trespass ab ignition, dispossession, relating to movable property -Negligence Trespass to goods, detection, conversion Duty of care, standard care, essentials, Torts of- malicious abuses of legalofprocess Wrong of strict and absolute liability Liability for animal and chattels Death in relation to tort Interference with contractual business
Consumer Protection Act, 1986
TORT & CONSUMER PROTECTION LAWS Nature and definition of tort Essentials of torts General defences Who can sue who can be sued? (Capacity) Vicarious liability Defamation Nuisance Negligence Rules of strict liability and absolute liability Trespass to land Damages Remedies for an action of torts Consumer Protection Act 1986
Refrences
Salmond and Heuston On the Law of Torts (2000) Universal, Delhi.
