SPSC · Combined Competitive Examination (CCE)

Mercantile Law

Ten commercial statutes from the Contract Act 1872 to the Electronic Fund Transfer Act 2007 — and twenty-six named cases, from *Carlill* to *Salomon*.

SPSC

Subject code 37

100

Marks

12

Readings

4

Min read

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 need not be performed
  • Breach of contract, consequences of breach, damages for breach of contract

II. Sale of Goods Act, 1930

  • Definitions
  • Differences: sale & agreement to sell, conditions and warranties, express & implied conditions
  • Doctrines: caveat emptor, nemo dat
  • Rights 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 Instruments 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 (dishonour, 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 (establishment, 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, shareholders, directors, chief executive, auditors)
  • Meetings 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

Recommended reading

12 titles
TitleAuthor
Law of ContractAgarwala, M. Mehmood
Sale of Goods ActPollock & Mulla
Bare ActsGovernment of Pakistan
— Contract Act, 1872
— Negotiable Instruments Act, 1881
— Sale of Goods Act, 1930
— Companies Ordinance, 1984
— Arbitration Act, 1947
— Competition Act, 2010
— Electronic Transactions Ordinance, 2002
— Consumer's Protection Act, 2006
— Electronic Fund Transfer Act, 2007

Case law reading

Twenty-six cases the Commission names for the Mercantile Law paper.

  1. Carlill v. Carbolic Smoke Ball Co. (1893) 1 QB 256
  2. Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd. (1952) 2 QB 795
  3. Curie v. Misa (1875) LR 10 Ex 153
  4. Byrne & Co. v. Van Tienhoven & Co. (1880) 5 CPD 344
  5. Mohri Bibi v. Dharmodas Ghose (1903) 30 IA 114
  6. Derry v. Peeks (1889) 14 App. Cas 337
  7. Mannu Singh v. Umadat Panday (1890) 12 ALL 523
  8. Coggs v. Bernard (1703) 2 Ld Raym 909
  9. Lumley v. Wagner (1852) EWHC (Ch) J 96
  10. Manni Devi v. Ramayan Singh AIR 1985 Pat. 35
  11. Lachhman Joharimal v. Bapu Khandu (1869) 6 Bombay High Court Reports 241
  12. Mischeff v. Springett (1942) 2 KB 331
  13. Watson v. Coupland (1945) 1 All ER 217
  14. Ashbury Railway Carriage & Iron Co. Ltd. v. Riche (1875) LR 7HL 653
  15. Lee v. Lee's Air Farming (1960) 3 All ER 420
  16. Salomon v. A. Salomon & Co. Ltd. (1897) AC 22
  17. Royal British Bank v. Turquand (1856) 6 E&B 327
  18. Ram Raja Ram v. Dhirba Charan Jen AIR 1982 Ori 264
  19. Badridas Kothari v. Meghraj Kothari AIR 1967 Cal 25
  20. Hitachi Ltd. & others v. Rupali Polyester & others (1998 SCMR 1618)
  21. Marflower Theatre Trust Ltd. v. HMRC (2007) STC 880
  22. Pickering v. Bux (1812) 15 East 38
  23. Liaqat Islam v. State (2011 YLR 2280)
  24. Alamgir Khalid Chughtai v. State (PLD 2009 Lahore 259)
  25. United States v. Forty Barrels and Twenty Kegs of Coca Cola, 241 U.S. 265 (1916)
  26. Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. (1964) AC 465

Others in Group VI

You may take one subject from this group, so these are alternatives to Mercantile Law, not companions to it.