Rajasthan Judicial Service (RJS) Sale of Goods Act & Partnership Act Syllabus

Rajasthan Judicial Service (RJS) Sale of Goods Act & Partnership Act: topic-wise syllabus

1. 1

   Formation of Contract: Sale vs Agreement to Sell (Sections 4-10)

   • Definition of Sale (Section 4(1)) and Agreement to Sell (Section 4(3)): Distinction, Transfer of Property
   • Essentials of Contract of Sale: Goods, Price, Buyer and Seller, Valid Contract
   • Subject Matter of Sale (Sections 5-7): Existing, Future, Contingent Goods
   • Ascertainment of Price (Sections 9-10): Fixed, Agreed, Valuation, Reasonable Price
2. 2

   Conditions and Warranties (Sections 11-17)

   • Definition of Condition and Warranty (Section 12): Stipulation Essential vs Collateral
   • Express and Implied Conditions (Sections 14-17): Title, Description, Sample, Quality/Fitness
   • Implied Warranty: Quiet Possession, Free From Encumbrance, Wholesomeness
   • Caveat Emptor (Section 16): Let the Buyer Beware, Exceptions (Reliance on Seller's Skill)
   • Doctrine of Sale by Description and Sample
3. 3

   Passing of Property and Risk (Sections 18-26)

   • Rules for Ascertaining Intention (Sections 18-25): Unconditional Contract, Specific Ascertained Goods
   • Delivery to Buyer/Bailee (Rule 4), Delivery to Carrier (Rule 5)
   • Passing of Risk (Section 26): Risk Follows Ownership
   • Transfer of Title by Non-Owner: Nemo Dat Quod Non Habet (Section 27)
   • Exceptions to Nemo Dat: Estoppel, Sale by Mercantile Agent (Section 27), Joint Owner (Section 28), Sale Under Voidable Title (Section 29), Seller in Possession (Section 30), Buyer in Possession (Section 30), Unpaid Seller's Right of Resale
4. 4

   Performance of Contract (Sections 31-44)

   • Duties of Seller and Buyer (Sections 31-33): Delivery and Acceptance
   • Delivery: Actual vs Constructive (Sections 33-39), Time and Place (Sections 36-37)
   • Delivery of Wrong Quantity or Goods (Sections 37-39): Short, Excess, Mixed, Instalments
   • Acceptance of Delivery (Section 42): Buyer's Right to Reject
   • Buyer's Liability for Not Taking Delivery (Section 44)
5. 5

   Rights of Unpaid Seller (Sections 45-60)

   • Definition of Unpaid Seller (Section 45): Whole Price Unpaid, Part-Payment
   • Rights Against Goods: Lien (Sections 47-49), Stoppage in Transit (Sections 50-52), Resale (Section 54)
   • Rights Against Buyer: Suit for Price (Section 55), Damages for Non-Acceptance (Section 56)
   • Buyer's Rights and Remedies Against Seller (Sections 57-61)
6. 6

   Nature of Partnership (Sections 4-8)

   • Definition of Partnership (Section 4): Relation Between Persons, Agreed to Share Profits, Business Carried on by All/Any Acting for All
   • Essentials: Two or More Persons, Agreement, Business, Profit Sharing, Mutual Agency
   • Partnership vs Joint Family Business, Partnership vs Co-ownership, Partnership vs Company
   • Partnership Firm Not a Separate Legal Entity
   • Kinds: Partnership at Will, Particular Partnership
7. 7

   Relations of Partners to Third Parties (Sections 18-30)

   • Partner as Agent of Firm (Section 18): Mutual Agency Basis
   • Implied Authority of Partner to Bind Firm (Section 19): Acts Done in Firm Name, Trade Related
   • Extension and Restriction of Implied Authority (Section 20)
   • Liability of Partner for Acts of Co-Partner (Section 25): Joint and Several
   • Effect of Admissions (Section 23), Notice to Partner (Section 24)
   • Minor Admitted to Benefits (Sections 30): Rights and Liabilities on Attaining Majority
8. 8

   Relations of Partners Inter Se (Sections 9-17)

   • Mutual Rights and Duties (Sections 9-10): Conduct Business to Common Advantage
   • Duty to Indemnify for Fraud (Section 10), Duty of Good Faith (Section 9)
   • Partner's Right to Take Part in Business (Section 12), Access to Books (Section 15)
   • Profits and Interest (Sections 13-14): No Interest on Capital Unless Agreed
   • Property of Firm (Sections 14-17): Partnership Property vs Personal Property
9. 9

   Incoming, Outgoing Partners, and Dissolution (Sections 31-47)

   • Introduction of New Partner (Section 31): Consent of All Existing Partners
   • Retirement of Partner (Section 32), Expulsion (Section 33), Insolvency (Section 34), Death (Section 35)
   • Dissolution of Firm (Sections 39-44): By Agreement, Compulsory (Insolvency/Illegality), Contingent, Court Order
   • Grounds for Dissolution by Court (Section 44): Insanity, Permanent Incapacity, Misconduct, Breach, Continuously Losses, Just and Equitable
   • Settlement of Accounts on Dissolution (Sections 48-55): Creditors, Partners' Loans, Capital, Residue
10. 10

    Registration and Effects of Non-Registration (Sections 56-71)

    • Registration of Firm (Section 58): Procedure, Form, Fees
    • Effect of Non-Registration (Section 69): Suits Between Partners Barred, Firm v Third Party Suits Barred
    • Exceptions to Section 69: Suits for Dissolution, Accounts, Recovery of Property, Claims Below Threshold