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Can you provide me the syllabus of Paper - Law Contract under Master of Business Laws (M.B.L.) Program offered by National Law School of India University under Distance Education Program?

[Vishal Kotkar]

The syllabus of Paper - Law Contract under Master of Business Laws (M.B.L.) Program offered by National Law School of India University under Distance Education Program is as follows:

PAPER - 1.1: LAW CONTRACT


This module attempts to give an overview of the nature of contractual obligations and its significance in a commercial and industrial society. Essential of Contract, types, terms, quasi contractual formation, Government contracts, contracts by auction and tenders are discussed in detail. A thorough examination of the norms relating to the formation of various types of contract is described. With detailed illustrations and case law examples, the reader is provided with an opportunity to analyse the law relating to contractual transaction. From oral contracts to paper contract to e-contracts, the module describes the growth of contract law in India.

Module I: Contract: Concept and its Role in a Developing Society

Genesis of Contract - Introduction, Early history of Contract Law, Contract as a method of creating new rights, How is a contract made, Definitions; Contract: How to make - Introduction, Proposal, Acceptance, Where is the contract made?, Proposal and acceptance in three forms, Types of Agreement, Contract-A final comment; Types of Contract – Basis of parties, basis of time, basis of function, basis of nature, standard form of contract; Terms of a Contract – Introduction, Terms of Representation, Test of Contractual Intention, Conditions and Warranties, Implied Terms, Construction of Terms, Exception Clauses; Contract in the Changing Society – Introduction, Essential assumptions in a contract, Critical review of assumptions, conditions in the changing society, concluding remarks; Formation of a control through Tenders – Nature and commencement of Tenders, Corrigendum, Addendum & Tender Notice, What is a ‘TENDER’?, Completion of Contract in case of Tenders, Requirement of unconditional acceptance, Whether a person can refuse to perform his duties obligated by a tender, Withdrawal

Module II: Capacity and Consideration

Essential conditions of a valid contract – Introduction, Essential elements of a contract, Intention to create legal relations; Capacity – What is capacity Physical incapacity, Mental Incapacity, Legal Incapacity; Consideration – A definitional understanding, Why consideration? The theoretical base, No consideration non Contract, Adequacy of consideration, Third party role in consideration, Past consideration, Promissory Estoppel

Module III: Free Consent & Public Policy

Free Consent: Meaning and Dimension - Introduction, Free Consent: scope and ambit, Consequences of the absence of free consent; Coercion – Definition, Distinguished from duress, Subjective and objective elements in coercion, Burden of proof, Ex-territoriality; Undue Influence – Definition, Undue Influence vis-à-vis coercion, Essential elements, burden of Proof; Fraud – Definition and essential elements, Constituent elements of fraud; Misrepresentation – Misrepresentation in Common Law, Indian Law on Misrepresentation; Mistake – Mistake in Common Law, Mistake in Indian Law, Mistake in Indian Law, Mistake of both the parties, Mistake of fact and law, Mistake of essential fact; Role of Public Policy in Contracts – Introductory note, Application of public policy principles to contracts, Agreement void on account of public policy; Void Agreements – Introductory Note, Grounds of Void agreement, Uncertain agreement;

Module IV: Government and Quasi Contracts

Government Contract - Introduction, Scope and extent of Article 299 under the constitution of India on Government Contracts, Feasibility of Implied contracts with the Government, Personal Liability in Government Contract; Quasi Contract – Theoretical Foundation, Indian Instances, Concluding Remark

Module V: Discharge of Contract

Discharge of Contract at a Glance - Introduction, A flow Chart, Types of Contract; Discharge by Performance – Introduction, Persons obliged to perform, Persons entitled to claim performance, Time and place of performance, Appropriation of payment, Tender of performance; Discharge by Agreement – Introduction, Novation, Rescission and alteration, Remission; Impossibility of Performance – Introduction, General Principles of Frustration, Grounds of Frustration, Limitations of the doctrine of Frustration

Module VI: Breach of Contract and Remedies

Breach of Contract – Introduction, Forms of Breach of Contract, Renunciation or Repudiation, Anticipatory Breach, Restitution, Actual Breach or Breach when Performance Due or During Performance; Consequences of Breach – General Principles, A Flow Chart, Remedies of Breach – Introduction, Contractual remedy, Common Law and Statutory remedy, Equitable remedy

Module VII: Representative Contracts

A) Agency

Introduction - Agency & Authority: Definitional Delimitation, Agent vis-à-vis other offerers, Classification of agents; Creation of Agency – Agency by agreement, Agency by ratification, Agency by operation of law; Agency by estoppel, Agency by holding out; Authority of an Agent – Introduction: extent and authority, Express and implied authority; Customary authority,

Apparent and presumed authority, Apparent and presumed authority, Sub-delegation; Duties of Agent – Introduction, Duty to follow instructions, Duty to follow trade customs, Duty to communicate, Duty to exercise care and skill, Duty to render accounts, Duty to remit money, Duty not to delegate, Conflicting interest, Confidentiality; Rights of Agent – introduction, Rights against principal, Rights against property; Undisclosed Principal

– Kinds of principals, Doctrine of undisclosed principal; Termination of Agency – Classification, Termination by act of parties, Termination by operation of law, Effects of termination, Agent’s duty on termination
B) Partnership

Agency Principle in Partnership – Partner as agent, Binding nature of partner’s authority, Factum of being partner and burden of proof, Partner’s authority in trading firm, single partner appearing in a suit, Who may question the act of a partner? Relation between partners; Minor Partner – Minor’s Legal Position, Rights of Minor, Liabilities of Minor; Authority of a Partner – Implied authority, Essentials, Partner’s authority to bind firm, No authority, Rights and Liabilities of a Partner – Rights of Partners, Liabilities of Partner;

Module VIII: Special Contracts

Introduction; Contract of Indemnity - Definition & meaning, Nature, Distinction: English and Indian Law, Validity of indemnity agreement, Contract when enforceable? Rights of indemnity holder, Rights of promisor, Contract of Insurance as a Contract of indemnity; Contract of Guarantee – Definition and Meaning, Distinction between Indemnity and Guarantee, Essentials of a contract of guarantee, Kinds of guarantee, Rights of a surety, Liability of surety, Discharge of surety; Contract of Bailment - Introduction, Definition, Essential features, Bailor’s Duties, Duty of Bailee, Rights of Bailee, Duty of Finder, Rights of Finder; Pledge & Hypothecation – Introduction, Essential features, Subject matter of pledge, Distinction: Pledge, Hypothecation, Bailment, Lien and Mortgage, Who can pledge?, Termination of pledge?, Rights of pledgee/pawnee, Rights of pledger/pawnor, Additional right of the hypothecate; Leasing & Hire Purchase – Leasing agreement – Nature and meaning, Rights and duties of the Lessor and the Lessee, Hire Purchase agreement – Nature and Meaning, Distinction between Hire Purchase, Installment purchase agreement and Lease, Rights & duties of Hire – Purchaser and Hire vendor; Carrier – Introduction, Overview of Law of Carriage – Land, Air & Sea;

Module IX: E-Contracts

Why are Digital Goods Different?, Unfair terms in E-contract, Information Technology (IT) Act, 2000 and E-Contract, E-Commerce and Indian Evidence Act