LOVELY PROFESSIONAL UNIVERSITY INSTRUCTION PLAN (for Lectures) Term: 2nd Course No. MGT 103 Course Title: Mercantile Laws L: 4 T: 1 P: 0 Textbook: 1. Kapoor, N.D., Mercantile Laws, Sultan Chand and Sons, 26th Edition, (2002). Other Specific Books: 2. Tulsian, P.C., Business Laws, Tata Mcgraw Hills (2007), (Ch. 5, 12). 3.Singh, Nirmal, Business Laws, Deep & Deep Publications, (2006), (Ch.2,3,4,5,6,12,14,17,17,18,19,21,23,25,26,27,28). 4. Garg, K.C., et al., Mercantile Laws, Kalyani Publishers, 12th Edition (2006), (Ch. 2, 3, 5, 9, 14, 13). Other readings: S. No Journal articles as compulsory reading: 5. “Limited Liability Partnership Bill”, The Management Accountant, November 2008; Vol.43, pg. 855. 6. “Contract Act, 1872”, The Practical Lawyer, November, 2008; pg. 43. 7. “Insurance”, The Practical Lawyer, November, 2008; pg. 67. 8. “Negotiable Instruments Act, 1881”, The Practical Lawyer, November, 2008; pg. 74. 9. “A Principal Needs to have capacity but an agent need not- A critical appraisal.” All India Reporter, June, 2008; Vol. 95 pg. 85. Relevant websites: S. No Web address: Salient Features 10. www.laws4india.com/acts/ipa/ipa_index.asp All contents of Partnership Act are given. 11. www.helplinelaw.com/docs/partnership/part1/shtml All contents of Partnership Act are given. 12. www.lawcommissionofindia.nic.in/1-50/reports.pdf Various mercantile laws related articles are available. 13. www.legalservicesindia.com/articles/cond.htm Various mercantile laws related articles are available. 14. www.caclubindia.com/judiciary/judiciary- New advancements and cases detail/.asp?judiciary-id=320 related to various law related topics are available. 15. www.hindustan.net/forums/archive/index.pht/t- Judgments related to various topics 1488.html are given. Detailed Plan for Lectures Lect. Topic Chapters / Sections Assignmen Pedagogical aid Date No. of Textbook / t / Task to Demonstration/ case Del.2 1 Other reference be assigned study / images/ to students animations etc5. 3 DoS 4 1. Law of Contract: 1/Part1/Ch1, Definition and scope 3/Ch.2. 2. Nature of a 1/Part1/Ch.1, Contract. 3/Ch.2, Ref. 6. 3. Offer and 1/Part1,/Ch.1, Case Study Carlill V. Acceptance Carbolic Smoke Ball Co.; 3/Ch.3, 4/pg. 13 4/Ch.2 4. Offer and 1/Part1/ Ch. 2, Case Study: Lalman Acceptance Shukla V. Gauri Dutt; 3/Ch.3, 4/pg 14 4/Ch.2 5. Consideration 1/Part1/ Ch. 4, Case Study: Durga Prasad V. Baldeo ; 4/ pg. 3/Ch.4, 25 4/Ch.3. 6. Free Consent- 1/Part 1, Ch. 5, Case Study: Coercion, Undue Rangnayakamma v. Influence 2/Ch.5, Alwar; 4/pg. 40 3/Ch.6, 4/Ch.5. 7. Free Consent- 1/part 1, Ch.5, A1 Case Study: Misrepresentation, Fraud, Mistake 3/Ch.6, Derry V. Peek, Peek V. Gurney; 4/pg.44, 42 4/Ch.5. 9. Capacities of 1/Part1/Ch.4, Case Study: Mohori Parties Bibi V. Dharno Das 3/Ch.5. Ghose; 4/pg. 34 10. Performance of 1/Part1/Ch.9, Contract 3/Ch.10 11. Performance of 1/Part1/Ch.9, Contract 3/Ch.10 12. Discharge of 1/Part1/Ch.10, Case Study: Taylor V. Contract Caldwell; 4/ pg.73 3/Ch.12, 4/Ch.9 13. Discharge of 1/Part1/Ch.10, Contract 3/Ch.12, 4/Ch.9 14. Breach of Contract 1/Part1/Ch.11, 3/Ch.12. 15. Breach of Contract- 1/Part1/Ch.11, Case Study: Hadley V. Remedies Baxendale; 4/pg.82 3/Ch.12. 16. Contract of 1/Part2/Ch.3, Agency- Creation of an Agency, 4/Ch.14, Ref.9 17. Relations of 1/Part2/Ch.3, Principal and Agent 4/Ch.14 18. Classification of 1/Part 2/Ch.3, A2 Agents. Personal 4/Ch.14 Liability of agents. 19. Delegation of 1/Part 2/Ch.3, authority, 4/Ch.14 termination of agency 20. Brief Introduction 1/Part2/Ch.2, to Bailment and Pledge 3/Ch.15, 4/Ch.13 21. Brief Introduction 1/Part2/Ch.1, to Indemnity and Guarantee, Quasi 3/Ch.14, Contract. 2/Ch.12. 22. Law of Partnership- 1/Part2/Ch. 5.1, Case Study: Govind Definition and Nair V. Maga; 4/2 pg.3 nature. 3/Ch.23, Ref.10, Ref. 11. 23. Law of Partnership- 1/Part2/Ch.5.1, Definition and nature. 3/Ch.23, Ref.5. 24. Relations of 1/Part2/Ch.5.2, A3 Partners. 3/Ch.23, Ref.10, Ref.11. 25. Duties and 1/Part2/Ch. 5.2, Responsibilities of Partners. 3/Ch.23, Ref.10, Ref.11. 26. Dissolution of 1/Part2/Ch.5.3, Case Study: Garner V. Partnership Murray; 1/pg.307 3/Ch.23, Ref.10, Ref.11. 27. Law of Sale of 1/Part2/Ch.4.1, Goods Sold: Definition and 3/Ch.17. scope. 28. Essentials for 1/Part2/Ch.4.1, contract of sale. 3/Ch.17. 29. Meaning of 1/Part2/Ch.4.2, Case Study: Rowland V. Conditions Divall;4/3/pg.15 3/Ch.18. 30. Meaning of 1/Part2/Ch.4.2, A4 Warranties 3/Ch.18. 31. Transfer of 1/Part2/Ch.4.3, Ownership 3/Ch.19. 32. Rights of unpaid 1/Part2/Ch. Case Study: Bathell V. seller. 4.4,4.5, 3/Ch.21. Clark; 4/3/pg.38 33. Remedial measures 1/Part2/Ch. available to unpaid 4.4,4.5, seller. 3/Ch.21. 34. Negotiable 1/Part2/Ch.6.1,6.2, Instruments Act- 1881- Definitions. Ref. 8. 35. Types of 1/Part2/Ch.6.1,6.2, instruments, notes, cheques, bills. 36. Parties to 1/Part 2/ Ch.6.3, A5 negotiable 6.4. instruments. 37. Negotiation in 1/Part 2/ Ch.6.3, Negotiable 6.4. Instruments. 38. Discharge of parties 1/Part2/Ch.6.7. from liability. 39. Discharge of parties 1/Part2/Ch.6.7. from liability. 40. Dishonor of 1/Part2/Ch.6.6. negotiable instruments. 41. Dishonor of 1/Part2/Ch.6.6. negotiable instruments. 42. Bouncing of 1/Part2/Ch.6.10 cheques. 43. Bouncing of 1/Part2/Ch.6.10 cheques. 44. Law of Insurance- 1/Part2/Ch.8.1, A6 Definitions. 3/Ch.25, Elements of Ref. 7. Insurance contract 45. Premium and 1/Part2/Ch.8.1, Reinsurance. 3/Ch.25. 46. Basics of Life 1/Part2/Ch.8.2, Case Study: Krishna Insurance. Wanti V. LIC; 4/4 pg. 19 3/Ch.26. 47. Basics of Fire 1/Part2/Ch.8.3, Insurance 3/Ch.27. 48. Basics of Marine 1/Part2/Ch.8.4, Insurance. 3/Ch.28. Additional material for spill over (for at least 2XL lectures) 1. Case Presentation of Assignment cases. 2. Case discussions and case presentations. 3. Case solving on different topics. 4. Discussion on new advancements in different topics in the syllabus. Details of Assignments Planned: Assignment Details Nature of Expected outcome No. Assignment 1. Case solving on Essentials of a Case based test. Students will understand valid contract and free consent. how the various articles are implemented. 2. Case solving on Agency and Case based test. Students will understand mercantile agents. how the various articles are implemented. 3. Conditions and warranties given Case based test. Students will come to know by different companies for their how companies are using different products. these terms. 4. Case solving on different types Case based test. Students will come to know about various forms of of insurances. insurance laws and contracts. 5. Evaluative Case Study Written report Analytical ability of students and presentation. regarding mercantile law can be improved. 6. Evaluative Case Study Written report Analytical ability of students and presentation. regarding mercantile law can be improved. Term paper to be allotted by lecture no. 10 Due date of term paper:2 wks before the close of term Scheme of CA: (out of 100) Component Frequency Marks out of 100 Attendance 10 Home work based tests / quizes 2 20 Assignments 4 40 Term paper 1 10 Case Study 2 20 List of suggested topics for term paper: S. Topic No 1. Students will be divided into different groups and they will start a hypothetical partnership firm specifying its name, registration procedure, objectives, partners and legal formalities of the same. According to the nature of the business, they will make an offer and hence enter into different contracts with each other through invitation following all the essential elements, as and when that topic is taught in the class. (This term paper can be given to any number of students). 2. An imaginary contract will be taken and students will implement all the provisions of Indian Contract Act with respect to offer and acceptance, consideration, free consent and capacities of parties to that contract. 3. Students will form an agency with imaginary names in different fields and will draft all responsibilities, duties and their relationship as an agent and principal according to Agency Act. 4. Students will select twenty products/ services belonging to five different industries in which indemnity or guarantee is provided and will analyze whether companies are providing these services according to laws. 5. Students will select an operating partnership firm and they will analyze the relations, responsibilities and rights of partners of that firm. 6. Students will form an imaginary partnership firm with minimum two partners and on the basis of requirements of Indian Partnership Act 1932; they will form a Partnership Deed. 7. Students will take a real ownership transfer contract and will analyze all the articles of that contract with respect to „Transfer of Ownership‟ laws. 8. Students will take twenty products and will analyze what are the conditions and warranties provided with those products and whether these are according to laws. Proposed changes from the standard pedagogy for the course: __________________________________________________ Prepared by (instructional planner: Name, Signature & date) Comments of HOD (Chief Academic Officer) Signature & Date Comments of Dean of Faculty Signature & Date Report Lectures: - (to be filled by the instructor and submitted at the end of term of HOS through HOD) S. No Innovation introduced [New pedagogy, new Topic and lecture number where demonstration, case study, teaching aid, etc. introduced NOT part of the instructional Plan General Comments of the Instructor about the suitability of IP Conduct of Tutorials: Tutorial Date Topics covered in the Activities (like quiz, case study, doubt No. Tutorial clearing, any other) Syllabus coverage report Syllabus coverage by one week before MTE Satisfactory / Lagging by ___ lectures. Syllabus coverage by two week ________________________ before ETE ___________________ Signature of Instructors & date Signature of HOD & dat Satisfactory / Lagging by ___ lectures.