CSS Mercantile Law Syllabus, Past Papers

CSS MERCANTILE LAW PAST PAPERS
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SYLLABUS: MERCANTILE LAW
Total Marks: 100
Time Allowed: 3 hours

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

II. Sales of Goods Act, 1930

Definitions
Differences: Sale & agreement to sell, conditions and warranties, express & implied conditions
Doctrines: Caveat emptor, Nemo dat
Right 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 Instrument 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 (dishonor, 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 (established, 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, share holders, directors, chief executive, auditors)
Meeting’s 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