MSU LL.B Syllabus FY | SY | TY

LLB | SEM 1

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About Course

LL.B. Semester I Syllabus Overview

The first semester consists of five compulsory core courses:

  1. Contract I: General Contracts
  2. Contract II: Special Contracts
  3. Law of Torts including M.V. Act and Consumer Protection Act
  4. Law of Crimes – I: Bharatiya Nyay Sanhita (BNS)
  5. Constitutional Law I

Course Content

SEM 1 – Constitutional Law of India 1
Unit 1: Historical Perspective: 1.1 Constitutional developments since 1858 to 1947 1.2. Gandhi Era-1919 to 1947: social, political, economic and spiritual influence. 1.3. Making of Indian Constitution 1.4. Nature and special features of the Constitution. Unit 2: Rules Equality and Social Justice: 2.1 Equality before the laws and equal protection of the laws 2.2 Classification for differential treatment: constitutional validity 2.3 Gender Justice 2.4 Justice to weaker sections of society Unit 3: Freedom and Social Control: 3.1 Speech and expression 3.2 Freedom of assembly 3.3 Freedom of association 3.4 Freedom of movement 3.5 Freedom to reside and settle 3.6 Freedom of Profession/Business 3.7 Property: from fundamental right to constitutional right Unit 4: Secularism: 4.1 Concept of Secularism 4.2 Indian Constitutional provision 4.3 Freedom of Religion 4.4 Minority Rights Unit 5: Personal Liberty: 5.1 Rights of an accused 5.2 Right to life and personal liberty 5.3 Preventive detention-Constitutional Policy Unit 6: Directive Principles and Fundamental Duties: 6.1 Directive Principles- directions for social change-new social order 6.2 Fundamental rights and directive principles- interrelationship 6.3 Reading Directive Principles into Fundamental Rights 6.4 Public Interest Litigation 6.5 Fundamental Duties

SEM 1 – LAW OF TORT including M.V. Act and Consumer Protection Act
Unit 1: General Principles of Tort: 1.6 Evolution of law of torts 1.7 Definition, nature, scope and object 1.8 Tort distinguished from crime, breach of contract and breach of trust 1.9 Essentials elements of tort Capacity to sue and be sued Unit 2: Principles of Vicarious Liability and General defences: 2.1 Vicarious Liability 2.1.1 Principal and Agent 2.1.2 Partners 2.1.3 Master and Servant 2.2 Vicarious Liability of the State 2.2.1 Position in England 2.2.2 Position in India 2.2.3 Acts of Police Officials 2.2.4 Negligence of military servants 2.3 Remoteness of Damages 2.3.1 Remote and Proximate damage 2.3.2 Test of Reasonable Foresight (Wagon Mound Case) 2.4 General Defences 2.4.1 Volenti non fit injuria 2.4.2 Plaintiff the wrong doer 2.4.3 Inevitable accident 2.4.4 Act of God 2.4.5 Private Defence 2.4.6 Mistake 2.4.7 Necessity 2.4.8 Statutory Authority Unit 3: Laws on Consumer Protection: 3.1 The Consumer Protection Act, 1986 3.1.1 Aims, objectives and definitions 3.1.2 Redressal Agencies 3.1.2.1 District Forum 3.1.2.2 State Commission 3.1.2.3 National Commission 3.1.3 Working of the Consumer Protection Act, 1986 Unit 4: Specific Torts: 4.1 Negligence 4.1.1 Negligence as a tort and as a crime 4.1.2 Essentials of Negligence 4.1.3 Nervous shock 4.1.4 Contributory and Composite Negligence 4.2 Nuisance 4.2.1 Kinds of Nuisance 4.2.2 Essentials 4.2.3 Defences 4.3 Trespass 4.3.1 Trespass to the person 4.3.1.1 Assault and Battery 4.3.1.2 False Imprisonment 4.3.2 Trespass to land 4.3.2.1 Entry with a license 4.3.2.2 Remedies 4.4 Defamation 4.4.1 Libel and Slander 4.4.2 Essentials 4.4.3 Defences 4.5 Abuse of Legal Procedure 4.5.1 Malicious Prosecution 4.5.2 Difference between false imprisonment and malicious prosecution 4.5.3 Damages Unit 5: Rules of tortuous liability and Remedies: 5.1 Rule of Strict and Absolute Liability 5.1.1 Rule in Rylands v. Fletcher 5.1.2 Bhopal Gas Disaster Case 5.1.3 M.C.Mehta v. Union of India 5.2 Liability of animal and dangerous chattels 5.2.1 Scienter Rule 5.2.2 Cattle trespass 5.2.3 Ordinary liability in tort 5.2.4 Liability towards the transferee 5.3 Death in relation to tort 5.3.1 Shortening of the expectation of life 5.4 Interference with contract or business 5.5 Remedies 5.5.1 Damages 5.5.2 Injunction 5.5.3 Specific Restitution of Property 5.5.4 Extra-judicial Remedies Unit 6: Motor Vehicle Act: 6.1 Compensation Provisions of the Motor Vehicle Act, 1988 6.2 Claims, Tribunal and Award of Compensation

SEM 1 – Contract I: General Contracts
Unit I: 1.1. Nature and kinds of Contract 1.2. Essential Elements 1.3. Offer and Acceptance 1.3.1 Forms 1.3.2 Essential elements 1.3.3 Communication and revocation 1.3.4 Invitation to make an offer 1.4 Consideration 1.4.1 Need 1.4.2 Meaning 1.4.3 NudumPactum 1.4.4 Privity of Contract and of consideration 1.4.5 Past, present and future consideration 1.4.6 Essential features Unit II: 2.1 Capacity to contract 2.1.1 Incapacity arising out of status 2.1.2 Mental deficiency 2.1.3 Minors' agreement - its effect 2.1.3.1 Beneficial agreement in relation to minor 2.1.4. Other disqualified persons 2.2 Free Consent 2.2.1 Meaning 2.2.2 Definition 2.2.3 Factors vitiating free consent 2.2.3.1 Coercion Definition, essentials, duress and coercion, effect of coercion 2.2.3.2 Undue influence Definition, essentials, burden of proof, effects of undue influence 2.2.3.3 Misrepresentation - Definition, effects of misrepresentation 2.2.3.4 Fraud Definition, essential elements, when does silence amount to fraud, active concealment of truth, effects of fraud 2.2.3.5 Mistake Definition, types of mistake, when it vitiates free consent Unit III: 3.1 Legality of object and consideration 3.1.1 What consideration and objects are unlawful 3.1.2 Object and consideration unlawful in part 3.1.3 Effect of illegal agreement on collateral transactions 3.2 Void agreements (Expressly declared void agreements) 3.2.1 Agreements in restraint of marriage 3.2.2 Agreements in restraint of trade 3.2.3 Agreements in restraint of legal proceedings 3.2.4 Uncertain agreements 3.2.5 Wagering agreement 3.2.6 Agreements contingent on impossible events 3.2.7 Agreements to do impossible events 3.3 Contingent contracts 3.3.1 Definition 3.3.2 Essentials 3.3.3 Rules regarding performance of contingent contracts 3.3.4 Distinction between contingent and wagering agreement Unit IV: 4.1 Performance of contract 4.1.1 Who can demand performance? 4.1.2 By whom it can be performed 4.1.3 Performance of joint promise 4.1.4 Assignment of contract 4.1.5 Appropriation of payment 4.1.6 Time and place of performance 4.1.7 Contracts which need not be performed 4.2 Discharge of Contract 4.2.1 By Performance 4.2.2 By mutual consent or agreement Unit V: 5.1 Discharge of contract by impossibility 5.2 Specific ground of frustration and restitution 5.2.1 Effect of frustration 5.2.2 Frustration and restitution 5.3 Discharge by lapse of time 5.4 Discharge by operation of law 5.5 Discharge by breach 5.6 Quasi contractual obligations Unit VI: 6.1 Arbitration clause under contract 6.2 Government as contracting party 6.2.1 Constitutional provisions 6.2.2 Governments' power to contract 6.2.3 Procedural requirements 6.3 Standard form contract 6.4 E-contract 6.5 Remedies for breach of contract 6.5.1 Recession of contract 6.5.2 Suit for damages 6.5.3 Suit upon quantum meruit 6.5.4 Suit for specific performance 6.5.5 Suit for injunction 6.6 Specific relief 6.6.1 Contract that can be specifically performed 6.6.2 Person against whom specific enforcement can be ordered

SEM 1 – Contract II
Unit 1: Indemnity and Guarantee and Bailment and Pledge: 1.1 Contracts of Indemnity - Definition; Rights of Indemnity holder when sued; Time of Commencement of the Indemnifier's Liability 1.2 Contracts of Guarantee - Definition; Consideration for Guarantee, Distinction between Indemnity and Guarantee 1.3 Nature and Extent of Surety's Liability; Continuing Guarantee; Revocation of Continuing Guarantee Rights of Surety; Discharge of Surety from Liability 1.4 Bailment - Definition; Kinds of Bailment; Consideration in relation to Gratuitous Bailment; Difference between (i) Bailment and Sale and (ii) Bailment and License 1.5 Rights and Duties of Bailor and Bailee; Termination of Bailment; Rights and Duties of Finder of Goods 1.6 Pledge or Pawn Definition; Difference between Bailment andPledge; Rights and Duties of Pawnor and Pawnee; Pledge by Non-owners. Unit 2: Agency: 2.1 Definitions of Agent and Principal; General rules of Agency; Test of Agency; Difference between (i) Agent and Servant (ii) Agent and Independent Contractor 2.2 Who may employ Agent? Who may be an Agent? No consideration is necessary; Kinds of Agent; Creation of Agency; Extent of Agent's Authority; Delegation of Authority; 2.3 Rights and Duties of Agent and Principal, Liability of Principal and Agent 2.4 Termination of Agency - By acts of parties; By operation of Law; when termination of Agency takes Effect; Irrevocable Agency Unit 3: Law of Sale of Goods: 3.1 Contract of Sale of Goods 3.1.1. Definition and Essentials of Contract of Sale 3.1.2 Difference between (i) Sale and Agreement to Sell (ii) Sale and Hire-purchase (iii) Sale and Contract for work; Kinds of Goods; Effect of Perishing of Goods 3.1.3 The Price; Earnest or Deposit; Stipulations as to Time; Document of Title of Goods 3.2 Conditions and Warranties 3.2.1. Definition of Condition and Warranty; Difference between Condition and Warranty 3.2.2 When Breach of Condition is to be treated as Breach of Warranty; Express and Implied Conditions and Warranties; 3.2.3 Implied Conditions; Implied Warranties; Doctrine of caveat emptor 3.2 Transfer of Property 3.3.1 Importance of Knowing the exact time of Passing of Property; Rules regarding Transfer of Property; 3.3.2 Rule of Transfer of Title on Sale; Transfer of Title by Non-owners. 3.4 Performance of Contract of Sale 3.4.1 Delivery; Modes of Delivery; Rules as to Delivery of Goods; Acceptance of Delivery by Buyer 3.5 Rights of Unpaid Seller 3.5.1 Unpaid Seller defined; Rights of an Unpaid Seller against the goods - Right of Lien; Right of Stoppage in Transit; Right of Resale 3.5.2 Rights of an unpaid seller against Buyer Personally; Unit 4: Auction Sale [and] Law of Partnership: 4.1 Definition and Nature of Partnership 4.1.1 Test of Partnership; Partners; Firm and Firm Name 4.1.2 Difference between (i) Partnership and Co-ownership (ii) Partnership and Joint Hindu Family (iii) Partnership and Company 4.2 Formation of Partnership 4.2.1 Partnership Deed; Duration of Partnership; Kinds of Partners; Minor admitted to the Benefits of Partnership; 4.2.2 Registration of Firms; Effects of Non-Registration; Register of Firms; The Property of the Firm 4.3 Rights, Duties and Liabilities of Partners 4.3.1 Mutual Rights and Duties; Rights and Duties of Partners; Relations of Partners to Third Parties; Express and Implied Authority of Partner 4.3.2 Liability of Partners to Third Parties; Incoming and Outgoing Partners; Insolvency of Partner; Death of a Partner 4.3.3 Revocation of Continuing Guarantee by Change in Firm; Mutual Rights and Duties ofPartners after a change in the Firm 4.5 Dissolution of Partnership Firm 4.5.1 Modes of Dissolution of Firm; Consequences of Dissolution 4.5.2 Mode of Settling Accounts upon Dissolution; Sale of Goodwill after Dissolution Unit 5: Law of Negotiable Instruments: 5.1 Negotiable Instruments 5.1.1 Negotiable Instrument - Definition; Characteristics and Examples of Instruments; 5.1.2 Bill of Exchange - Definition; Essential of Bill of exchange and Promissory Note; Kinds ofBill of Exchange 5.1.3 Cheque - Definition; Specimen of a cheque; Difference between Cheque and Bill of Exchange; Bank draft; 5.1.4 Hundis - Types of Hundis; Inland and foreign Instruments; Time and Demand Instruments; Maturity of Negotiable Insruments; Payment ofdue course; Payment of Interest 5.2 Parties to Negotiable Instrument 5.2.1 Holder - Holder in due course; Privileges of a holder in due course; Capacity of Parties 5.2.2 Liability of Parties to Negotiable Instruments Unit 6: Dishonor, Discharge, Crossing and Bouncing of Cheques: 6.1 Dishonour and Discharge of Negotiable Instruments 6.1.1. Dishonour by Non-acceptance, Non-payment; Effect of Dishonour 6.1.2 Notice of Dishonour; Noting; Protest; Discharge of the Instrument; Discharge of one or more parties; 6.2 Crossing and Bouncing of Cheques 6.2.1 Banker and Customer, Crossing of Cheques, 6.2.2 Liability of Banker, Rights of Holder against Banker, Bouncing of Cheques

SEM 1 – Law of Crimes – I: Bharatiya Nyay Sanhita (BNS)
Unit 1: General: 1.1 Nature and Concept of Crime 1.2 Constituent Elements of Crime 1.2.1 Act to be voluntary 1.2.2 Concomitant Circumstances 1.2.3 Actus Reus 1.2.4 Mens Rea 1.3 Stages of Crime 1.3.1 Intention 1.3.2 Preparation 1.3.3 Attempt 1.3.4 Actual Commission of Offence 1.3.5 Tests for determining what constitutes attempt 1.3.5.1 Proximity Rule 1.3.5.2 Equivocality Test 1.3.5.3 Social Danger 1.3.5.4 Impossibility Test 1.4 Historical Background of BNS 1.5 Preliminary Provisions (Section 1-3) Unit 2: Punishments, Exceptions and Abetment: 2.1 Punishments 2.1 Aims and Object of Punishments 2.1.1 Deterrent Theory 2.1.2 Preventive Theory 2.1.3 Retributive Theory 2.1.4 Reformative Theory 2.1.5 Multiple Approach Theory 2.2 Sections 4-13 2.3 General Exceptions 2.4 Abetment, Criminal Conspiracy and Attempt Unit 3: Women, Children and Human Body: 3.1 Offences against Women and Children 3.2 Offences against Human Body Unit 4: BNS and State: 4.1 Offences against the State 4.2 Offences relating to Elections 4.3 Offences against the Public Tranquillity 4.4 Offences by or relating to Public Servants 4.5 Contempt of the Lawful Authority of Public Servants Unit 5: Public Justice, Health, Safety and Religion: 5.1 False Evidence and Offences against Public Justice 5.2 Offences affecting the Public Health, Safety, Convenience, Decency and Morals 5.3 Offences relating to Religion Unit 6: Property, Criminal Intimidation, Defamation etc.: 6.1 Offences against Property 6.2 Offences relating to Documents and to Property Marks 6.3 Criminal Intimidation, Insult, Annoyance and Defamation