Friday, 26 April 2019

CSS Mercantile Law Syllabus

CSS Mercantile Law Syllabus

Total Marks: 100
Time Allowed: 3 hours
I. Law of Contract, 1872
  • Definitions
  • Essentials of a valid contract (Proposal, Acceptance, Consideration, Free consent, Capacity of Parties, Not hereby declared to be Void)
  • Kinds of Contracts (Valid, Void, Voidable, Not Voidable)
  • Variety of Contracts (Contingent, Quasi, Bailment, Pledge, Indemnity, Agency)
  • Performance of Contract, contracts that need not to be performed
  • Breach of contract, consequences of breach, damages for breach of contract
II. Sales of Goods Act, 1930
  • Definitions
  • Differences: Sale & agreement to sell, conditions and warranties, express & implied conditions
  • Doctrines: Caveat emptor, Nemo dat
  • Right and duties of seller & buyer, rights of unpaid seller
III. Partnership Act, 1932
  • Definitions
  • Essentials of partnership
  • Kinds of partnership (partnership at will, particular partnership, limited partnership)
  • Rights and duties of Partners
  • Relation of partners to third persons (implied authority of partner, doctrine of holding out)
  • Incoming and outgoing partners (minor)
  • Dissolution of firms (compulsory, by agreement, by court, by notice on happening of contingencies)
IV. Negotiable Instrument Act, 1881
  • Definitions
  • Types of negotiable instruments (Cheque, bill of exchange, promissory note)
  • Parties to instruments, holder & holder in due course
  • Rules (as to negotiation, presentment, payment & interest, discharge, noting and protest, compensation, acceptance, payment for honour)
  • Special rules of evidence
  • Special provisions relating to cheques & bills of exchange (dishonor, duties of banker)
  • Provisions as to foreign instruments
V. Competition Act, 2010
  • Definitions
  • Prohibition and abuse of (dominant position, certain agreements, discipline, marketing practices)
  • Approval of mergers
  • Competition commission of Pakistan (established, composition, term)
  • Functions and powers of commission
  • Provisions as to penalty and appeals
VI. Electronic Transaction Ordinance, 2002
  • Definitions
  • Recognition and presumption of electronic transactions (writing, signature, stamp duty, attestation etc.)
  • Electronic documents (attribution, acknowledgement, time and place of dispatch)
  • Certification of service providers
  • Application to acts done outside Pakistan
  • Offences & Nature (false information, false certificates, damage to information system etc)
VII. The Arbitration Law in Pakistan
  • Definitions
  • Appointment, number and removal of arbitrator
  • Award by arbitrator
  • Powers of court upon award (remittance, modification and setting aside of award)
  • Types of arbitration (with or without intervention of court)
  • Stay of legal proceedings in presence of arbitration agreement
VIII. Consumer’s Protection Act, 2006
  • Definitions
  • Consumer Commission (establishment, powers and functions, complaints before commission and disposal)
  • Provisions as to compulsory recall of goods
  • Duties and liabilities of provider of goods (return and refund of goods)
  • Offences and penalties
  • Contract between consumer and provider
IX. Companies Ordinance, 1984
  • Definitions
  • Types of Companies
  • Fundamental papers of company (Memorandum of association, articles of association, prospectus)
  • Transfer of shares and debentures
  • Management and administration (promoters, share holders, directors, chief executive, auditors)
  • Meeting’s and proceedings (statutory, general, annual general meeting)
  • Winding up (voluntary, by court)
X. Electronic Fund Transfer Act, 2007
  • Definitions
  • Payment system and their operation (designation of payment system & revocation, real time gross settlement system, governance & operation arrangement)
  • Payment instruments (designation, issuing and prohibition of instruments)
  • Clearing and other obligations
  • Supervisory Control of state bank
  • Documentation of transfers
  • Notification of error and liabilities of parties
  • Law relating to action before court

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