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Contract II

Semester 2 · 18 topics in 5 units

Past question papers for Contract II

Unit I 3 topics

  1. Contract of indemnityWhat sections 124 and 125 cover, why the Indian definition is narrower than the English one, what the indemnity holder can recover, and when the indemnifier's liability begins.7 min
  2. Contract of guarantee and rights of the suretyThe three parties and three contracts in a guarantee, consideration and continuing guarantees, how it differs from indemnity, the co-extensive liability of the surety, his rights against the debtor, the creditor and co-sureties, and the minor's guarantee problem.8 min
  3. Discharge of the surety and co-suretiesEvery way a surety is set free under sections 130 to 139: revocation, death, variance, release of the debtor, composition and time, and impairing the surety's remedy, with the contribution rules for co-sureties.7 min

Unit II 2 topics

  1. BailmentDefinition and essentials of bailment, its kinds, the duties of bailor and bailee, the bailee's lien, the finder of goods, carriers in brief, and the horse problem under section 154.9 min
  2. PledgePledge as a bailment by way of security, how it differs from ordinary bailment, who can pledge goods they do not own, and the rights and duties of pawnor and pawnee under sections 172 to 181.7 min

Unit III 4 topics

  1. Agency: creation and kinds of agentsWho is an agent and who may employ one, why no consideration is needed, the five ways agency is created including ratification, the kinds of agents and sub-agents, and how an agent differs from a servant.8 min
  2. Rights and duties of an agentWhat an agent owes his principal under sections 211 to 218, what the principal owes him under sections 217 to 225, and the rule against delegation with its exceptions.8 min
  3. Principal and third parties; personal liability of the agentHow far a principal is bound by what his agent does, actual and ostensible authority, the agent's fraud, the undisclosed principal, the three cases in which an agent is personally liable, and the pretended agent.8 min
  4. Termination of agencyThe modes by which an agency ends under section 201, the irrevocable agency coupled with interest, limits on revocation after partial exercise, compensation and notice, when termination takes effect, and what happens to sub-agents.7 min

Unit IV 5 topics

  1. Partnership: meaning, nature and existenceThe definition in section 4 and its three elements, why partnership arises from contract and not status, how a court decides whether a partnership exists, and how a firm differs from a company, co-ownership and a Hindu joint family business.7 min
  2. Relations of partners: rights and dutiesThe duties and rights of partners among themselves under sections 9 to 17, the property of the firm, accountability for personal profits, and the different kinds of partners.7 min
  3. Relations of partners to third partiesThe partner as agent of the firm, implied authority and its statutory limits, joint and several liability, liability for wrongs and misapplication, holding out, the transferee of a partner's interest and the minor admitted to benefits.9 min
  4. Admission, retirement and expulsion of partnersHow the constitution of a firm changes without dissolving it: introduction of a new partner, retirement and public notice, expulsion in good faith, insolvency and death of a partner, the rights of an outgoing partner and the revocation of continuing guarantees.7 min
  5. Dissolution and registration of firmsThe modes of dissolution of a firm, dissolution by the court, settlement of accounts and goodwill, the procedure for registration, and the effect of non-registration under section 69 with its exceptions.9 min

Unit V 4 topics

  1. Contract of sale, conditions and warrantiesSale and agreement to sell, the meaning of goods and price, the difference between a condition and a warranty, the implied conditions as to title, description, quality, fitness and sample, and caveat emptor with its exceptions.9 min
  2. Passing of property in goodsWhen ownership passes from seller to buyer under sections 18 to 25: specific and unascertained goods, the five rules for ascertaining intention, sale on approval or return, reservation of the right of disposal, and why risk follows property.7 min
  3. Transfer of title and performance of the contract of saleThe rule that no one can give a better title than he has, its exceptions in sections 27 to 30 and 54(3), and the duties of seller and buyer in performance: delivery, its place and time, instalments, wrong quantity, acceptance and payment.8 min
  4. Unpaid seller and remedies for breachWho is an unpaid seller, his rights against the goods (lien, stoppage in transit, resale) and against the buyer, and the buyer's remedies for non-delivery, breach of warranty and anticipatory breach.9 min