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