Commercial Law – Dr. Umesh Maiya
Module I: Nature and Significance of Law– Branches of Law – Sources of Mercantile Law- Law of contract- Definition, Difference between Agreement and Contract, essentials of Contract-Types of contract based on formation, performance, enforceability; Offer- Meaning, types- Rules governing offer. Meaning of cross offer, Meaning of Standing offer, Meaning of Tender; Acceptancemeaning and types, Essentials of valid acceptance.
Module II Consideration- Meaning- Rules governing consideration- Stranger to a contract cannot sue and its exceptions – Exceptions to the rule “no consideration no contract”; Capacity to contract- Minor- effects of minor’s agreement, Persons of unsound mind – Legal incapacity; Free consent – Coercion – Undue influence – Fraud – Misrepresentation – Mistake. Differences between Coercion and Undue influence, Differences between Misrepresentation and Fraud.
Module III Legality of Object – meaning- Unlawful objects-objects forbidden by law, objects defeating the provisions of law, fraudulent objects, objects injurious to person or property, immoral objects, Agreements opposed to public policy; Discharge of Contract – Modes of discharge – Breach of Contract – Remedies for breach of contract – Wagering agreement and contingent contract (Meaning only) Quasi contract – meaning and types.
Module IV Negotiable Instruments Act -meaning, features and presumptions. Bills of Exchange, Promissory Note and Cheque- (meaning- form or specimen, features and differences) Crossing- (meaning and types only) – dishonor of Cheque under section 138; Intellectual Property Rights – Meaning– Patents – Trade Marks – Copy Rights – Industrial designs.
Module V Information Technology Act – Objectives – Digital signature (meaning only) – Cyber Crimes – Meaning, legal provisions – Crimes against Persons – Crimes against Property – Crimes against Government – Right to Information Act – Meaning – Meaning – Request for obtaining information – Disposal of Request – Exemption from disclosure of
information – Grounds for rejection. Duties of Information Officer.
The relevant legal point, facts and the judicial decision relating to the following 10 case laws are to be specifically dealt with –
1. Balfour Vs Balfour
2. CarlillVs Carbolic Smoke Ball company
3. Felthouse Vs Bindley
4. LalmanShuklaVs. Gauridutt
7.Mohiribibi Vs. DharmodasGhosh
9. Hadley VsBaxendale
10.Planche Vs Colburn.