Course Title: BUSINESS AND INDUSTRIAL LAW

Credits (L:T:P) 4:0:0 Total Contact Hours: 52 Course Code: 15CP52T

CP V

Type of Course:
Credit :04 Core/ Elective: Core
THEORY

Pre-requisite:- The students should possess basic knowledge of business and the importance
of various Laws influencing business and industrial activities.

Course Objectives:

The students shall be able to:

1. Acquaint with the legal provisions of Indian Contract Act, 1872 relating to offer,
acceptance, and consideration, legality of object and consideration and capacity of
parties.
2. Conversant with the provisions of the Contract of Indemnity and Guaranty &
Bailment and Pledge.
3. Acquire the complete knowledge of provisions of the Sale of Goods Act.
4. Apply the provisions of the Industrial Dispute Act for the settlement of industrial
disputes.
5. Conversant with provisions of the workmen compensation Act 1923.

COURSE OUTCOMES : At the end of the course, the students will be able to:

Able to draft agreements and contracts within the legal purview of the Indian Contract
Act and conversant with the rules of offer, acceptance, consideration, legality of
CO1
object and consideration and capacity of parties. Conversant with the provisions
regarding Free Consent, Performance and Discharge and Breach of Contract.
CO2 Deal with Special Contracts of Indemnity and Guaranty & Bailment and Pledge
Take proper decisions as per the provisions of Sale of Goods Act especially with
CO3
reference to rights of the seller and the buyer.
Posses the complete rules of Indian Industrial Disputes Act for effective settlement of
CO4 Industrial Disputes.

CO5 Conversant with the provisions of the workmen compensation Act 1923
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Department of Technical Education V Semester Commercial Practice

 CO-Cognitive Level (CL) -PO MAPPING
Name of the course: Business and Industrial Law
Course Outcome CL Linked PO Teaching Hrs

Analyse agreements and contracts R/U/A 1,2,3,5,6,7, 18

within the legal purview of the 8,9,10
Indian contract Act and the rules of
CO1 offer, acceptance consideration,
legality of object , consideration,
capacity of parties, Free consent,
Performance and discharge and
Breach of Contract.
Deal with the rules of Special R/U/A 1,2,3,5,6,7, 08
CO2 Contracts of Indemnity and 8,9,10
Guaranty & Bailment and Pledge.
Analyse -Take proper decisions R/U/A 1,2,3,5,6,7, 10
CO3 and apply the provisions of Sale of 8,9,10
Goods Act.

Posses adequate knowledge of R/U/A 1,2,3,5,6,7, 08

CO4 rules of Industrial disputes Act for 8,9,10
effective settlement of Industrial
Disputes.
Conversant with the provisions of R/U/A 1,2,3,5,6,7, 08
CO5 the workmen compensation Act 8,9,10
1923

COURSE-PO ATTAINMENT MATRIX

Course Programme Outcomes

1 2 3 4 5 6 7 8 9 10

Business and
3 3 3 3 3 3 3 3 3 3
Industrial Law
Level 3- Highly Addressed, Level 2-Moderately Addressed, Level 1-Low Addressed.
Method is to relate the level of PO with the number of hours devoted to the COs which address the given PO.
If >40% of classroom sessions addressing a particular PO, it is considered that PO is addressed at Level 3
If 25 to 40% of classroom sessions addressing a particular PO, it is considered that PO is addressed at Level 2
If 5 to 25% of classroom sessions addressing a particular PO, it is considered that PO is addressed at Level 1
If < 5% of classroom sessions addressing a particular PO, it is considered that PO is considered not-addressed.
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Department of Technical Education V Semester Commercial Practice

 COURSE CONTENT AND BLUE PRINT OF MARKS FOR SEE

Legend: R; Remember, U: Understand A: Application

Unit Unit name Hour Questions to be Marks weightage

set for Weightage (%)
No
SEE
R U A

1 Indian Contract Act 1872 18 10 20 20 50 35

2 Special Contracts 08 5 10 10 25 15

3 Sale of Goods of Act-1930 08 5 5 10 20 15

4 Industrial Disputes of Act-1947 10 10 10 10 30 20

5 Workmen compensation Act 1923 08 5 5 10 20 15

52 35 50 60 145 100

Total

Course content:-
UNIT HOURS
COURSE CONTENT ALLOCATED
1 Indian Contract Act, 1872 18
2 Special Contracts 08
3 Sale of Goods of Act, 1930 08
4 Industrial Disputes of Act,1947 10
5 Workmen compensation Act 1923 08
Total 52
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Department of Technical Education V Semester Commercial Practice

 DETAILS OF COURSE CONTENT

Unit 1: Indian Contract Act, 1872

Contract: Meaning – Elements – Agreement versus Contract – Classification of Contract –
Essentials of a Valid Contract

Offer And Acceptance: Meaning of Offer – Types of Offer – Legal Rules for a Valid Offer –
Meaning of Acceptance – Legal Rules for a Valid Acceptance.

Consideration And Legality Of Object: Meaning of Consideration – Legal Rules for a Valid
Consideration – Adequacy of Consideration – Legality of Agreement without Consideration –
Legality of Object and Consideration.

Capacity Of Parties: Capacity to Contract – Incapacity to Contract – Position of Agreements by

a Minor – Position of Agreements by Persons of Unsound Mind – Persons disqualified by Law.

Free Consent: Meaning of Consent, Coercion, Undue Influence, Fraud, Misrepresentation and
Mistake – Coercion versus Undue Influence – Consequences of Coercion, Undue Influence,
Fraud, Misrepresentation and Mistake.

Performance And Discharge: Meaning and Types of Performance – Meaning and Modes of
Discharge of a Contract.

Breach Of Contract: Meaning and Remedies for Breach of Contract.

Unit 2: Special Contracts

Indemnity And Guarantee: Meaning of Contract of Indemnity – Rights of Indemnity Holder
and Indemnifier – Meaning of Contract of Guarantee – Essential Characteristics of Guarantee –
Indemnity versus Guarantee.

Bailment And Pledge: Meaning – Essentials – Types of Bailment – Rights and Duties of Bailer
and Bailee - Meaning of Pledge – Rights and Duties of Pledgor and Pledgee

Unit 3: Sale of Goods of Act, 1930

Sale Of Goods Act, 1930: Meaning of a Contract of Sale – Essentials of a Valid Contract of
Sale – Sale versus Agreement to Sell – Meaning of Condition and Warranty – Conditions
versus Warranties - Rights of an Unpaid Seller and Buyer of the Goods.
Unit 4:- Industrial Dispute Act, 1947

Meaning of Industry - Employer – Employee – Disputes - Industrial Disputes –Causes of

Industrial Disputes, Types of Industrial Disputes – Strikes & Lockouts, Layoff, Machinery
for resolving Industrial Disputes under the Industrial Disputes Act 1947, Arbitration,
Adjudication, Prevention of Industrial Disputes, Approaches to Settlement of Disputes.
Unit 5 : Workmen compensation Act :
Meaning of worker compensation, Reasons for compensation, Meaning of workmen
4

compensation Act, objectives of the Act, Basic concepts – Workmen, Dependent, Minor,
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Wages, Disablement-Partial and permanent, occupational diseases, claim for compensation,

employers liability, Appointment of commissioner and powers.

Department of Technical Education V Semester Commercial Practice

 RESOURCES: BOOKS FOR REFERECE:
1. Business Law and the Regulation of Business by Mann/Roberts – Cengage Learning
2. Fundamentals of Business Law by Miller/Jentz – Cengage – Learning
3. Business Law by N.D.Kapoor.
4. Business Law by Appannaiah and Reddy.
5. A Textbook of Mercantile Law by P.N.Arora & S.Arora - S.Chand and Company
6. A Textbook of Mercantile Law by P.P.S. Gogna - S.Chand and Company
7. Business Law by R.S.N.Pillai & V.Bagavathi – S.Chand and Company
8. Industrial Relations by P. Subba Rao – Himalaya Publishing House
9. P.L. Malik : Industrial Law; Eastern Book Company; 34, Lalbagh, Lucknow.
10. N.D. Kapoor : Handbook of Industrial Law; Sultan Chand & Sons, 23, Darya Ganj, New
Delhi – 110002.

11.Chapter -4 Analysis of Workman’s Compensation Act.

Course Assessment and Evaluation:
What To Frequency Max Marks Course
Whom Outcomes
Theory Evidence
Collected

CIE I A Tests Three IA tests

(Average marks
-continuous of Three IA tests 20 Blue Books
DIRECT ASSESSMENT

1 to 5
internal are considered).
evaluation
Class Class Room 05
room Assignments
Students Log Of Activity 1 to 5
Assignme
nts Total 25

SEE -semester
end 1 to 5
examination End Exam End Of the 100 Answer Scripts
Course

Student Feedback on course Middle Of The Feed Back Forms

ASSESSMENT

Course
METHODS
INDIRECT

End Of Course Survey Students End Of The Questionnaire

Course

*CIE – Continuous Internal Evaluation *SEE – Semester End Examination

Note: I.A. test shall be conducted for 20 marks. Average marks of three tests shall be rounded off to
the next higher digit.
Note to IA verifier: The following documents to be verified by CIE verifier at the end of semester
1. Blue books ( 20 marks)
5

2. Student suggested activities report for 5 marks evaluated through appropriate rubrics.
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Department of Technical Education V Semester Commercial Practice

 3. Student feedback on course regarding Effectiveness of Delivery of instructions & Assessment
Methods.

Questions for CIE and SEE will be designed to evaluate the various educational
components such as:
1. Remembering and Understanding : 20 % weightage
2. Applying the knowledge acquired from the course : 40 % weightage
3. Analysis : 25 % weightage
4. Evaluation : 05 % weightage
5. Creating new knowledge : 10 % weightage

Test/Date and Time Semester/year Course/Course Code Max Marks

V SEM Business and Industrial Law 20

Ex: I test/6th week of Sem
10-11 Am
Year: 2016-17 Course code: 15CP52T

Name of Course Co-ordinator : Units:1, CO: 1,

Note: Answer all questions

Question no Question CL CO PO

1 (According to unit and CO1) R 1 1,2

2 (According to unit and CO1) A 1 1,2

3 (According to unit and CO2) A 2 1,2

4 (According to unit and CO2) U 2 1,2

Note: 5 marks choice should be given to each CO

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Department of Technical Education V Semester Commercial Practice

Student’s suggested activities

1. To attend the court of law proceedings with the help of concerned faculty.
2. To visit nearby Advocate’s office and refer some case studies.
3. To refer and practice drafting of agreements, contracts.
4. To practice filling up of indemnity and guarantee forms.
5. To attend industrial dispute settlement meeting.

Example only: MODEL OF RUBRICS / CRITERIA FOR ASSESSING STUDENT

ACTIVITY-

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Department of Technical Education V Semester Commercial Practice

 MODEL QUESTION PAPER

BUSINESS AND INDUSTRIAL LAW

TIME: 3 Hours Max. Marks 100

INSTRUCTIONS: a) Answer any SIX questions from Part –A

b) Answer any SEVEN questions from Part –B

PART-A
Answer any SIX questions.

6 X 5 = 30 MARKS

1. Elucidate the Meaning of the term ‘Contract’.

2. Enumerate the meaning of the term ‘Agreement’.
3. Narrate the importance of Valid Offer.
4. Define Consideration
5. Narrate the meaning of an Unpaid Seller
6. Explain the Coercion with an example.
7. Define the term ‘Dispute’.
8. List the causes of ‘Industrial Disputes’
9. Define a contract of indemnity.
10. Explain the terms :Worker and employer.

Part-B
Answer any SEVEN questions
7 X 10 = 70

1. Explain the Legal rules for a Valid Contract.

2. Distinguish between ‘Coercion’ and ‘Undue influence’.
3. Write down the meaning of ‘Performance of a Contract’. List out the Heads of the
Performance of a Contract.
4. Narrate the kinds of Guarantee with suitable examples.
5. Write the Remedies available to an aggrieved party for the Breach of the Contract.
6. Differentiate between the Contract of ‘Indemnity’ and ‘Guarantee’.
7. Enumerate the Rights of Bailor and Bailee.
8. Explain the essentials of a Valid Contract of Sale.
9. Explain the causes of industrial disputes.
10. Explain the machinery available for the settlement of industrial conflicts.
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Department of Technical Education V Semester Commercial Practice

 MODEL QUESTIONS BANK

BUSINESS AND INDUSTRIAL LAW

5 Marks Questions

ANSWER THE FOLLOWING:

1. Elucidate the Meaning of the term ‘Contract’.

2. Enumerate the meaning of the term ‘Agreement’.
3. Narrate the importance of Valid Offer.
4. Define the Minor’s Contract.
5. Explain the Formation of the Contract of Sale.
6. Distinguish between sale and an agreement to sell.
7. Narrate the meaning of an Unpaid Seller
8. Explain the Rights of an Unpaid seller against the Buyer personally.
9. Define Consideration
10. Explain the Legal Rules for a Valid Consideration.
11. Explain the Legality of Agreement without Consideration.
12. Explain the term Minor
13. Briefly illustrate the position of Agreements with a Minor.
14. Explain the term ‘Persons of Unsound Mind.
15. Explain the Coercion with an example.
16. Differentiate the Misrepresentation and Fraud.
17. Define the term ‘Dispute’.
18. Define the term ‘Strike’.
19. Narrate the meaning of ‘Lockout’.
20. Summarize the different causes of ‘Industrial Disputes’
21. Describe the word the Doctrine of ‘’Quantum Meruit’.
22. Define a contract of indemnity.
23. Explain the difference between a contract of indemnity and contract of guarantee.
24. State the rights of the indemnity-holder when sued.
25. State and explain the reasons for claiming workmen compensation.

10 Marks Questions
ANSWER THE FOLLOWING:

1. Explain the essential Elements of a Valid Contract with examples.

2. List out the Legal rules for a Valid Contract.
3. “Insufficiency of consideration is immaterial, but an agreement without consideration
is void”. Comment on the given statement.
4. Define the term ‘capacity to contract ‘and also determine to what extent does a minor
held liable for necessaries supplied to him
5. Explain the contractual capacity of the following persons:
a) Insolvents
b) Corporations and Companies
6. Distinguish between ‘Coercion’ and ‘Undue influence’.
7. Define the term ‘Consent’. When consent is said to be free?
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8. Write down the meaning of ‘Performance of a Contract’. List out the Heads of the
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Performance of a Contract.

Department of Technical Education V Semester Commercial Practice

 9. Write the essentials of a Bilateral Mistake which affects the validity of the Contract.
10. Write down the meaning of ‘Performance of a Contract’. List out the Heads of the
Performance of a Contract.
11. Narrate the kinds of Guarantee with suitable examples
12. State the meaning of the term ‘Breach of Contract’ by giving suitable examples.
13. Write the Remedies available to an aggrieved party for the Breach of the Contract.
14. Write short notes on the following:
a) Suit for Damages
b) Suit for Injunction
15. Differentiate between the Contract of ‘Indemnity’ and Contract of ‘Guarantee’.
16. State the Rights of an Indemnity-holder.
17. Point out the surety’s rights against the Principal Debtor.
18. Enumerate the Rights of Bailor and Bailee.
19. State the duties of the Bailor and Bailee.
20. State the meaning of the term ‘Goods’ as used in the Sale of Goods Act.
21. Distinguish between Conditions and Warranties.
22. Write a note on the following:
a) Express conditions and warranties.
b) Define offer and acceptance
23. Explain the rights of an ‘Unpaid Seller’.
24. Explain briefly the remedies available to the aggrieved party in the event of breach of
contract of sale.
25. Explain the causes of Industrial Disputes.
26. List the remedies to solve ‘Industrial Disputes’.
27. Suggest the measures to make adjudication effective.
28. Explain the machinery available for the settlement of Industrial Disputes.
29. define the terms :
a) Dispute
b) Lock-out
c) Layoff
30. State and explain various modes of discharge of surety from the liability.
31. Explain the appointment of commissioner and his powers in settlement of workmen
compensation.

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Department of Technical Education V Semester Commercial Practice