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Theory paper

Contract – II

Examined on Indian Contract Act 1872, ss. 124 to 238, Sale of Goods Act 1930, Indian Partnership Act 1932, Limited Liability Partnership Act 2008. The special contracts half of the Act — indemnity and guarantee (ss. 124 to 147), bailment and pledge (ss. 148 to 181), and agency (ss. 182 to 238). Note that indemnity in s. 124 is narrower than the English doctrine, covering loss caused by the promisor or by another person, and the courts have had to work around that.

This page is the map of the paper: every syllabus unit, the leading cases with full summaries, and the exam questions the paper actually sets.

Units

  1. Unit 1 · The Indian Partnership Act, 1932 — Module I — the nature of partnership, the relations of partners to one another and to third parties, the incoming and outgoing of partners, registration and its consequences, and dissolution
  2. Unit 2 · The Limited Liability Partnership Act, 2008 — Module II — the nature of a limited liability partnership under ss. 2 to 10, incorporation, partners and their relations, extent and limitation of liability, and the comparison with a firm and a company
  3. Unit 3 · The Sale of Goods Act, 1930 — Module III — the contract of sale and the significance of the transfer of property, conditions and warranties, the transfer of title, performance, the rights of an unpaid seller and remedies for breach
  4. Unit 4 · Indemnity, Guarantee, Bailment and Agency — Module IV — contracts of indemnity and guarantee, the surety’s liability and discharge, bailment and pledge, and the law of agency — creation, the authority of an agent, the relations of principal, agent and third parties, and termination

Leading cases in this paper

Exam questions

Where it sits

Statutes