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U.G . S E M E S T E R - I I
Student’s Corner:
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ANNEXURE -I
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ANNEXURE -II
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ANNEXURE -III
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ANNEXURE –III (CONTD.)
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ANNEXURE -IV
LIST OF SUBJECTS
VII
Course Curriculum
Law of Torts, MV Act and Consumer Protection| 6 Credits |
Session : January-May 2020 | Faculty : Rohan Cherian Thomas|
Class: BA/BBA LLB II SEMESTER
A. INTRODUCTION
Tort means the breach of some duty, independent of contract, giving rise to a civil cause of
action and for which damages are recoverable. Students must already be familiar with certain
terms such as negligence and defamation which are used in common lingo. These terms
indicate a wrongful act against which the party affected can seek a remedy through civil
action.
The course provides a framework for understanding various types of torts. Students will be
familiarised with the essential requirements necessary to constitute these torts along with
their intricacies and development through cases. Further, once identified, the course
facilitates the learning of how to seek remedies for torts effectively. The course shall also
cover Motor Vehicles Act and Consumer Protection Law.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[C.O.1] Understand the need for tort.
[C.O.2] Appreciate the nuances in different types of tort.
[C.O.3] Identify a tort.
[C.O.4] Understand the manner of initiation of civil action against tort.
[C.O.5] Understand the justifications for tort.
[C.O.6] Clearly understand the manner of determination of damages and other remedies.
[C.O.7] Demonstrate conceptual clarity with respect.
[C.O.8] Show the ability to incorporate duty of care towards one another in one’s daily
routine.
[C.O.9] Demonstrate the ability to reach out to the field and find solutions to practical issues
pertaining to application of tort.
C. PROGRAM OUTCOMES
[PO.1].Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2].Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3].Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4].An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
1
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
PART I
TOPIC 1: INTRODUCTION
• Nature, Definition and Constituents of Torts
• Ubi Remedium Ibi Jus- Ubi Jus Ibi Remedium
• Injuria sine Damno- Damnum sine Injuria
• Tort, Contract, Crime and Breach of Trust distinguished
• Act or Omission
• Voluntary and Involuntary Acts
• Mental Elements
• Malfeasance, Misfeasance and Nonfeasance
• Fault
Case Laws:
1. Ashby v. White (1703) 2 Ld. Raym. 938.
2. Acton v. Blundell (1843) 12 M & W 324.
3. Smith v. L & S W Rly Co. (1870) LR 6 C.P. 14.
4. Mayor of Bradford v Pickles 1895 AC 587.
5. Wilkinson v. Downtown (1897) 2 QB 57.
6. The Municipal Board of Agra v. Asharfial AIR 1922 All 1.
7. Haynes v. Harwood (1935) 1 KB 146.
8. White v. John Warwick & Co. Ltd. (1953) 2 WLR 1285.
9. Hughes v. Lord Advocate (1963) 1 All E R 705.
10. Rookes v. Barnard (1964) AC 1027.
11. Town Area Committee v. Prabhu Dayal AIR 1975 All. 132.
2
12. Ushaben v Bhagyalaxmi Chitra Mindir AIR 1978 Guj. 13.
13. Bhim Singh v State of J & K, [AIR 1986 SC 494].
14. Jayalakshmi Salt Works Pvt Ltd. v. State of Gujrat (1994) 4 SCC 1.
15. State of Andhra Pradesh v. Govardhanlal Pitti (2003) 3 SC ALE 107.
TOPIC 2: CAPACITY TO SUE OR BE SUED
• Act of State
• Minors
• Corporations
• Lunatic
• Alien enemy
• Insolvent
• Convict
• Joint and Independent Tort Feasors
Case Laws:
1. Merryweather v. Nixan (1799) 8 TR 186.
2. Walker v. G N Railway and Co. of Ireland (1861) L.R. Ir. 69.
3. Campbell v. Paddington Corporation (1911) 1 KB 869.
4. Robinson v. Post Office (1974) All E R 737.
5. Naval Kishore v. Rameshwar AIR 1995 All 594.
3
4. Hall v. Brooklands Auto Racing Club (1932) 1 KB 205.
5. Haynes v. Harwood (1935) 1 KB 146.
6. Ramchand Ram Nagaram Rice & Oil Mills Ltd. v. Municipal Commissioner of Purilla
Municipality (1943) ILR 22 Pat 359.
7. Wooldridge v. Summer (1962) 2 All E R 978.
8. Gillick v. West Norfolk & Wiseback Area Health Authority (1985) 3 All E R 402.
9. Reeves v. Commission of Police of the Metropolitan (1998) 2 All E R 381.
PART II
TOPIC 6: VICARIOUS LIABILITY
• Principles on which vicarious liability is based:
• Qui Facit Per Alium Facit Per Se
• Respondeat superior
• Modes of vicarious liability:
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• Liability by ratification
• Liability arising out of special relationship
• Liability for abetment
• Master and Servant
• Independent Contractor
• Vicarious Liability of State
Case Laws:
1. Lister v. Hesley Hall (1856) 1 D & B 118.
2. Peninsular and Oriental Navigation Company v. Secretary of State for India (1861) 5 Bom.
HCR App. 1, p.1.
3. Tarry v. Ashton (1876) 1 QBD 314.
4. Hillyer v St. Bartholomew’s Hospital [(1909) 2 K.B. 820].
5. Lloyd v. Grace Smith & Co. (1912) AC 716.
6. Mersery Docks and Harbour Board v. Coggins & Griffith (Liverpool) Ltd. (1947) AC 1.
7. Cassidy v Ministry of Health [(1951) 1 All. E.R. 574].
8. State Bank of Rajasthan v. Vidyawati AIR 1962 SC 933.
9. Kasturilal Ralia Ram Jain v. State of UP AIR 1965 SC 1039.
10. State Bank of India v. Shyama Devi AIR 1978 SC 1263.
11. N Nagendra Rao & Co. v. State of A.P. AIR 1994 SC 2663.
12. Chairman Railway Road v. Chandrina Das AIR 2000 SC 988.
TOPIC 7: REMEDIES
• Kinds and Measure of Damages
• Injunction
• Specific Restitution
• Joint and Several Tort-Feasors
• Contribution between Wrong-Doers
• Remedies under the Constitution
Case Laws:
1. Scott v. Shepherd (1773) 2 WBI 892.
2. Merryweather v. Nixan (1799) 8 TR 186.
3. Lord v. Pacific Steam Navigation Co. Ltd.; The Oropesa (1943) 1 All ER 211 (CA).
4. Overseas Tankship (UK) Ltd. v. Morts Dock & Engineering Co. (Wagon Mound No 1)
(1961) 1 All ER 404.
5. Smith v. Leech Brain & Co. Ltd. (1962) 2 QB 405.
6. Overseas Tankship (UK) Ltd. v. Morts Dock & Engineering Co. (Wagon Mound No 2)
(1966) 2 All ER 709.
7. McGhee v. National Coal Board (1972) 3 All ER 1008.
8. Robinson v. The Post Office (1974) 2 All ER 737.
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9. Chaurasiya & Co. v. Smt. Pramila Rao (1974) ACJ 481 (MP).
10. Emeh v. Kensington and Chelsea and Westminster Area Health Authority (1984) 3 All
ER 1044 (CA).
11. Jolly v. Sutton London Borough Council (2000) 3 All ER 409 (HL).
12. Late Wadhwa and Ors. v. State of Bihar MANU/SC/0456/2001.
13. Simmons v. British Steel Plc (2004) UKHL 20.
14. Barker v. Saint Gobbain Pipelines plc (2005) 2 All ER 661 (CA).
15. Yadava Kumar v. Divisional Manager, National Insurance Company Limited (2010) 10
SCC 341.
TOPIC 8: NEGLIGENCE
• Definition and essentials of Negligence
• Res Ipsa Loquitur
• Rule of Strict Liability, Essential Elements and Defences
• Rule in Rylands v. Fletcher – evolution and other aspects for understanding
• Mass Tort Action: Bhopal Gas Tragedy – Present Legal Position
• Difference between Absolute and Strict Liability
• Occupiers of Premises
• Persons in-charge of Children
• Persons Professing to have Greater Skill
• Keepers of Dangerous Animals
• Dangerous Goods
• Contributory Negligence
• Nervous Shock
• Breach of Statutory Duties
• Master’s Liability to Servant
• Burden of Proof in Actions of Negligence
• Contracting out of Liability for Negligence
• Negligent Misstatement
• Medical Negligence
Case Laws:
1. Rylands v. Fletcher (1868) LR 3 HL 330.
2. Heaven v. Pender (1883) 11 QBD 503.
3. Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256.
4. Greencock Corp. v. Caledonian Railway (1917) AC 556.
5. Donoghue v. Stevenson (1932) AC 562.
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6. Grant v. Australian Knitting Mills (1936) AC 85.
7. Read v. Lyons & Co. (1947) AC 156.
8. Bolton v.Stone (1951) AC 850.
9. Bolan v. Friern Hospital Management Committee (1957) 1 WLR 582.
10. Baker v. T E Hopkins & Sons (1959) 1 WLR 966.
11. Municipal Corporation of Delhi v. Subhagwati AIR 1966 SC 1750.
12. Hucks v. Cole (1968) 118 New LJ 469.
13. Dr. Lakshman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole MANU/SC/0362/1968.
14. Fletcher v. Western National Life Insurance Co.[1970] 10 CA 3d 376.
15. State of Mysore v. Ramachandra (1970) 73 Bom. LR 732.
16. M C Mehta v. Union of India (Oleum Oil Case) AIR 1978 SC 1086.
17. Allen v. Gulf Oil Refinery Ltd (1981) 1 All E R 353.
18. Maynard v. West Midlands Regional Health Authority [1985] 1 All ER 635.
19. Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakash AIR 1990 A.P 207.
20. Murphy v. Birmingham Waterworls (1990) 2 All E R 269.
21. UCC v. Union of India (Bhopal Gas Leak) AIR 1990 SC 273.
22. Charan Lal Sahu v. Union of India, AIR 1990 SC 1480.
23. Alcock v. Chief Constable of South Yorkshire (1991) 4 All E R 907.
24. Cambridge Water Works Co. v. Eastern Countries Leather (1994) 1 All E R 53
25. Lucknow Development Authority v. M K Gupta AIR 1994 SC 787.
26. Page v. Smith (1995) 2 All E R 298.
27. Bolitho v. City and Hackney Health Authority (1996) 4 All ER 771.
28. Indian Medical Association v. V P Shantha AIR 1996 SC 550.
29. Poonam Verma v. Aswin Patel MANU/SC/0530/1996.
30. Rajkot Municipal Corporation v. Manjulaben Jayantilal Nukum (1997) 9 SCC 552.
31. M/s Spring Meadows Hospital v. Harjot Singh Anluwalia AIR 1998 SC 1801.
32. Union of India v. United India Insurance AIR 1998 SC 640.
33. Municipal Corporation of Delhi v. Sushil Devi AIR 1999 SC 1929.
34. Association of Victims of Upahar Tragedy v. Union of India 86 (2000) DLT 246.
35. M P Electricity Board v. Sahil Kumar AIR 2002 SC 551.
36. Association of Victims of Uphaar Tragedy v. UOI 2003 ACJ 1631.
37. Jacob Mathew v. State of Punjab MANU/SC/0457/2005.
38. Nizam’s Institute of Medical Sciences v. Prashant S. Dhananka MANU/SC/0803/2009.
TOPIC 9: DEFAMATION
• Kinds of Defamation: Libel and Slander
• Defences
• Remedies
Case Laws:
1. Morrison v Ritihie & Co.,(1902).
2. Hulton & Co. v. Jones: 1910 AC 20.
3. Cassidy v. Daily Mirror (1929) 2 KB 331.
4. Surendra Nath v. Bageshwari Prasad AIR 1961 Pat 164.
5. Narayanan v. Narayanan: AIR 1966 All 377.
6. R K Karanjia v. K M D Thakersey AIR 1970 Bom 424.
7. T.J.Ponnem v. M.C.Verghese AIR 1970 SC 1876.
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8. D.P.Choudary v. Manjulata (AIR 1997 Raj 70).
9. S.N.M Abdi v. Prafulla Kumar Mohanta (AIR 2002 Gouhati 75).
10. Campbell v. MGN Ltd., 2004 INDLAW HL 97.
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TOPIC 13: TORTS TO INCORPOREAL PERSONAL PROPERTY
• Unfair Competition
• Passing Off
Case Laws:
1. Inland Revenue Commissioners v. Mueller & Cos Margarine Ltd. [1901] SVC 25.
2. Reckitt & Colman Ltd. v. Borden Inc. [1990] 1 All E.R. 873.
3. Colgate-Palmolive India Ltd. v. Anchor Health and Beauty Care Pvt. Ltd. 2009 (40) PTC
653 (Mad.).
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• Intentional Infliction of Mental Suffering
• Misuse of Private Information
• Fraud and Negligent Misstatement
Case Laws:
1. Lumley v. Gye (1853) 22 LJBQ 463.
2. Derry v. Peek (1889) 14 App Case 337.
3. D.C. Thompson & Co. Ltd. v. Deakin (1952) 1 Ch 646.
4. Rookes v. Barnard (1964) AC 1129.
5. Rohtas Industries Ltd. v. Rohtas Industries Staff Union (1976) 2 SCC 82.
6. Smith New Court Securities Ltd. v. Scrimgeour Vicker (Asset Management) Ltd. (1996)
4 All ER 769.
7. Rhodes v. OPO [2015] UKSC 32.
8. Vidal-Hall v. Google [2015] EWHC Civ 311.
PART III
TOPIC 17: CONSUMER PROTECTION ACT, 1986
• Objective and the Legislative History
• Scope Nature and Function of Tribunals
• Definitions under the Act
• Nature of Liability
• Key Concepts
o Consumer
o Goods
o Services
o Defect & Deficiency
o Restrictive trade practice & Unfair trade practice
• Consumer Dispute Redressal Machinery
• Contemporary Issues in Consumer Protection
Case Laws:
A. Consumer
1. Akhil Bhartiya Grahak Panchayat v. State of Gujarat MANU/CF/0262/1993.
2. Lucknow Development Authority v. MK Gupta MANU/SC/0178/1994.
3. The Tamil Nadu Housing Board v. AV Ramakrishnan MANU/CF/0301/1994.
4. Kores India Ltd. v. Samir Purkayastha MANU/CF/0109/1996.
5. Jay Kay Puri Engineers v. Mohan Breweries and Distilleries Limited
MANU/CF/0234/1996.
6. Shri Laxmi Cotton Traders Ltd. v. Central Warehousing Corporation
MANU/CF/0041/1996.
7. Hindustan Motors Ltd. v. Narayan Pundalik Tamankar MANU/CF/0195/1996.
8. Cheema Engineering Services v. Rajan Singh MANU/SC/0990/1997.
9. Steel Authority of India v. Malay Kumar Pal MANU/CF/0116/1997.
10. Regional Provident Fund Commissioner v. Shiv Kumar Joshi MANU/SC/0774/1999.
11. Kalpavruksha Charitable Trust v. Toshniwal Brothers (Bombay) Pvt. Ltd.
MANU/SC/0664/1999.
12. Charan Singh v. Healing Touch Hospital MANU/SC/0588/2000.
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13. Y Yasodhamma v. Suptdt. of Prohibition and Excise MANU/CF/0131/2002.
14. Major Rajendran Gopalan Menon v. State Bank of India MANU/CF/0220/2005.
C. Goods/Defect
D. Services/Deficiency
• Airlines
• Railways
• Medical
• Legal
• Educational
• Electricity
• Insurance
Case Laws:
A. Airlines
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2. Shobha Global v. Air India MANU/CF/0029/1995.
3. Station Manager, Indian Airlines v. Dr. Jiteshwar Ahir MANU/CF/0216/1996.
4. M/s Indian Airlines, Delhi v. SN Seth MANU/CF/0084/2002.
5. Gargi Parsai v. KLM Royal Dutch Airlines MANU/CF/0351/2003.
6. Geeta Jethani &Others v.Airport Authority of India MANU/CF/0044/2004.
7. Antonio Jao Fernandes v. Flight in Charge, Jey Airways MANU/SJ/0006/2004.
8. Lufthansa German Airlines v. Rish Bajoria MANU/CF/0036/2007.
9. Indian Airlines v. Femina Zai MANU/CF/0164/2007.
10. Air India Ltd. V. Vinayak Nagesh Shrikhande MANU/CF/0320/2008.
11. Ethiopian Airlines v. Ganesh Narain Saboo MANU/SC/0975/2011.
B. Railways
C. Medical
1. Brig. AS Sibia (Retired) v. Union of India MANU/CF/0078/2002.
2. Rabinarayan Sahoo v. Dr. B. Jayaram Patra I (2004) CPJ 3 NC.
3. Pasumarthy Narayana and Anr v. Apollo Hospital Enterprises MANU/CF/0055/2004.
4. Mam Chand v. GS Mangat of Mangat Hospital MANU/CF/0003/2004.
5. Gouri Shankar Padhi and Ors. v. State of Orissa and Ors. MANU/CF/0513/2006.
6. Malay Kumar Ganguly v. Sukumar Mukherjee MANU/SC/1416/2009.
7. Alfred Benddict v. Manipal Hospital MANU/SC/0779/2014.
8. Arun Kumar Manglik v. Chirayu Health and Medicare Pvt Ltd MANU/SC/0202/2019.
9. Shoda Devi v. DDU/Ripon Hospital Shimla MANU/SC/0344/2019.
D. Legal
E. Educational
1. Oza Nirav Kanubhai v. Centre Head Apple Industries Ltd. (1992) 1 CPR 736.
2. N. Taneja v. Calcutta District Forum AIR 1992 Cal 95.
3. Central Academy Educational Society v. Gorav Kumar (1996) 3 CPJ 230.
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4. Jai Kumar Mittal v. Brilliant Tutorials (2005) 4 CPJ 156 (NC).
5. Maharshi Dayanand University v. Ruchika Jain (2006) 3CPR 18 (NC).
6. Bihar School Examination Board v. Suresh Prasad Sinha (2009) 8 SCC 483.
7. Buddhist Mission Dental College and Hospital v. Bhupesh Khurana (2009) 4 SCC 473.
8. Maharshi Dayanand University v. Surjeet Kaur (2010) 11 SCC 159.
9. Mukesh Gupta v. Kiran Thakur 2010 SCC Online NCDRC 207.
10. PT Koshy v. Ellen Charitable Trust (2012) 3 CPC 615 (SC).
11. K Rajendran v. CSI Ewart Matriculation Higher Secondary School 2012 SCC Online
NCDRC 468.
12. Birla Institute of Technology & Science v. Abhishek Mengi (2013) 2 CPJ 681 (NC).
13. FIITJEE Ltd. v. S. Balavignesh (2015) 3 CPJ 112 (NC).
14. Fakhre Alam v. Amity Business School 2015 SCC Online NCDRC 1839.
15. Amrita Raisagar v. Rai Foundation College and Ors. MANU/SG/0008/2017.
F. Electricity
G. Insurance
PART IV
TOPIC 19: THE MOTOR VEHICLES ACT 1988
• Driving License
• Registration Certificate
• Compulsory Insurance
• With and without Fault liability
• Compensation payable under the Act
• Insurer’s liability/3rd party risks
• Calculation of Damages
• Penalties
Case Laws:
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6. Andhra Pradesh State Road Transport Co. V. P. Venkat Rao MANU/AP/1570/2001.
7. Kaushnuma Begum v. The New India Assurance Co Ltd. MANU/SC/0002/2001.
8. Pallavan Transport Corporation v. M. Jagannathan (2002) 9 SCC 728.
9. National Insurance Co.Ltd. v. Pranay Sethi MANU/SC/1366/2017.
10. Shamanna and Ors. v. The Divisional Manager, The Oriental Insurance Co. Ltd.
MANU/SC/0828/2018.
11. Vimla Devi and Ors. v. National Insurance Company Ltd. MANU/SC/1290/2018.
12. Sudarshan Puhan v. Jayanta Ku. Mohanty MANU/SC/1029/2018.
13. New India Assurance Company Ltd. v. Bapi Debbarma MANU/SC/0125/2018.
14. Prakash Chand Daga v. Saveta Sharma MANU/SC/1487/2018.
15. Ramla v. National Insurance Company Limited MANU/SC/1362/2018.
16. Kalim Khan v. Fimidabee MANU/SC/0677/2018.
17. Magma General Insurance v. Nanu Ram MANU/SC/1012/2018.
18. Naveen Kumar v. Vijay Kumar MANU/SC/0077/2018.
19. National Insurance Co. Ltd. v. Ashalata Bhowmik and Ors. MANU/SC/0925/2018.
2. REFERENCE BOOKS
a) Clerk and Lindsel, Clerk and Lindsell on Torts, Professor Michael Jones(ed.), (Sweet &
Maxwell, 22nd edn., 2017).
b) Margaret Brazier and John Murphy, Street on Torts (Butterworths Publication, 10th edn.
1999).
c) Salmond and Heuston, The Law Of Torts, Revised by Heuston, R.V.F & R A Buckley,
(Universal Law Publishing Co., New Delhi, 20th edn. Reprint 2002).
G. Lecture Plan:
14
11-13 Death in Relation to Torts Lecture, Self Study and
Discussion
14-16 Discharge of Torts Lecture, Self Study and
Discussion
17-18 Vicarious Liability Lecture, Self Study and
Discussion
19-23 Remedies Lecture, Self Study and
Discussion
24-28 Negligence Lecture, Self Study and
Discussion
29-32 Defamation Lecture, Self Study and
Discussion
33-35 Trespass to Person Lecture, Self Study and
Discussion
36-38 Tort to Realty or Immovable Lecture, Self Study and
Property Discussion
39-41 Torts to Personality or Lecture, Self Study and
Movable Property Discussion
42-44 Torts to Incorporeal Personal Lecture, Self Study and
Property Discussion
45-47 Nuisance Lecture, Self Study and
Discussion
48-49 Malicious Proceedings Lecture, Self Study and
Discussion
50-51 Miscellaneous Torts Lecture, Self Study and
Discussion
52-60 Consumer Protection Law Lecture, Self Study and
Discussion
61-66 Motor Vehices Act Lecture, Self Study and
Discussion
Total Hours : 80 Hours
Total Lectures : 66 Hours
CRE : 10 Hours
Continuous Assessment : 4 Hours
15
Course Curriculum
CONTRACTS II | 6 Credits |
Session: January-May 2020 | Faculty: Mr. Arunabha Banerjee|
Class: BA/BBA LLB II SEMESTER
A. INTRODUCTION
Pursuant to the student's familiarity with the general principles of the law of contract, it will
be trite to delve into more special forms of contracts prevalent in the commercial parlance like
indemnity, guarantee, bailment, agency, pledge etc. Understanding the conceptual aspects of
these special types of contracts is critical to the development of every aspiring corporate
lawyer as contract forms the foundation of every business transaction in the rapidly evolving
global legal framework. This course on special contracts would encompass Chapters 8 to 10
of the Indian Contract Act, 1872, and related concepts from the English law. The discussion
would then proceed to the law of partnerships in general and limited liability partnerships
covering the relevant provisions of the Indian Partnership Act, 1932, and Limited Liability
Partnerships Act, 2008, with special focus on recent global trends. The concluding lectures
would deal with the key legal aspects of joint venture agreements through a comparative
analysis of the international position.
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency inprofessional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and criticalreading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal researchand
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, andprofessional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
16
[PO.5]. Reviews and critically appraises legal literature and evidence for the purposeof
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal andenvironmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7].Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legalprofession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as
timemanagement, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
CRE 10%
Project 20%
17
E. CURRICULUM
PART I
Topic 1: Indemnity
• Nature of the contract of Indemnity
• Starting Point of the liability
• Indemnity and Guarantee
• Indemnity and Insurance
Case Laws:
1. Gajanan Moreshawar v. Moreshwar, AIR 1942 Bom. 302
2. Charter Re-insurance co. v. Fagan R., (1996) 1 All ER 406,CA
3. Sheffield Corporation v Barclay, [1905] AC 392
4. Liverpool Mortgage Insurance Co's case [1914] 2 Ch. 617
Topic 2: Guarantee
• Nature of a contract of Guarantee
• Consideration for Guarantee
• Continuing Guarantee
• Revocation of Continuing Guarantee
• Bank Guarantees and Letters of Credit
• Rights and Liability of Surety
Case Laws:
1. Radha Kanta Pal v. United Bank of India, AIR 1955 Cal 217
2. Cargill Intl SA v. Bangladesh Sugar and Food Inds Corp, [1996] 4 All ER 563
3. RD Harbottle (Mercantile) Ltd. v. National Westminster Bank Ltd. [1977] 2 All ER
862
4. Edward Owen Engineering Ltd. v. Barclays Bank International Ltd. [1978] 1 All ER
976
5. M Ghulam Husain Khan v. M Faiyaz Ali Khan, AIR 1940 Oudh 346
6. Ram Narain v. Hari Singh, AIR 1964 Raj 76
7. Parvateneni Bhushayya v. Pothuri Suryanarayana, AIR 1944 Mad 195
8. Bardwell v. Lydall, (1831) 7 Bing 489
9. Bank of Bihar v. Damodar Prasad, AIR 1969 SC 297
10. Union Bank of India v. Manku Narayana, AIR 1987 SC 1078
11. State Bank of India v. Indexport Registered, AIR 1992 SC 1740
12. Aypunni Mani v. Devassy K., AIR 1966 Ker. 203
13. Maharashtra State Electricity Board v. Official Liquidator, Ernakulam, AIR 1982 SC
1497
14. M.S. Anirudhan v. Thomco's Bank Ltd., AIR 1963 SC 246
15. AmritlalGoverdhanLal v. State Bank of Travancore, AIR 1968 SC 1432
16. State Bank of Saurasthra v. Chitranjan Rangnath, AIR 1980 1528
18
17. Ansal Engineering Products Ltd v Tehri Hydro Development Corporation, (1996) 5
SCC 450.
Case Laws:
1. Appa Rao v. Salem Motors,AIR 1955 Mad. 505.
2. State of Gujrat v. MemonMahomed Haji Hasann, AIR 1967 SC 1885.
3. State of Maharastra v. Britanica Biscuits Co. Ltd. 1995 Supp. (2) SCC 72.
4. Blount v. War Office, (1953) 1 All. ER 1071.
5. Morvi Mercantile Bank v. Union of India; AIR 1965 SC 1954.
6. Bank of India v State of Bihar,AIR 1971 SC 1210.
7. United Breweries v State of Andhra Pradesh,(1997) 3 SCC 530.
8. Kalyani Breweries v State of West Bengal AIR 1998 SC 70.
Topic 4: Agency
• Nature of Agency
• Estoppel and Holding Out
• Ratification
• Different Kinds of Agents
• Delegation of Authority
• Termination of Agency
• Undisclosed Principal
Case Laws:
1. Kuchwar Lime and Stone Co. v. Dehri Rohtas Light Rlys & Co. Ltd.,
AIR 1969 SC 193.
2. Lakshminarayan Ram Gopal v. Govt. of Hyderabad,AIR 1954 SC 364.
3. Chami Narayanan v. VR Krishna Iyer, AIR 1998 Ker 365.
4. Krishna v. Ganpathi, AIR 1955 Mad. 648.
5. Bhagwandas Narotamdas v. Kanji Deoji (1906) ILR 30 Bom 205.
6. Bhagwandas Parasram v. Burjorji Ruttonji Bomanji,AIR 1917 PC 101.
7. Fakirchand Lalchand v. Doolub Govindji (1905) 7 Bom LR 213
8. Harshad Shah v LIC of India,AIR 1997 SC 2459.
9. Anil & Co. v. Air India, AIR 1986 Del 312
10. S Summan Singh v. National City Bank of New York, AIR 1952 Pun 172
11. Montagu v. Forwood, [1893] 2 QB 350
12. Nensukhdas v. Birdichand, AIR 1917 Bom 19
13. Union of India v. Amar Singh, AIR 1960 SC 233
19
14. Saligram Marwari v. Ayodhya Prasad Musaddilal, AIR 1961 Pat 61
15. Ghasia v. Thakur Ramsingh, AIR 1927 Nag 180
16. Keighley, Maxsted & Co v. Durant [1900-03] All ER Rep 40 (HL)
17. Marsh v. Joseph, [1895-99] All ER Rep 977
18. Surendra Nath Roy v. Kedar Nath Bose, AIR 1936 Cal 87
PART II
Topic 5: Partnership
• Essentials of Partnership
• Partnership by Holding Out
• Liability of a Partner for carrying on competing business.
• Implied Authority of a Partner as an agent.
• Liability of the firm for misappropriation and wrongful acts of a partner.
• Minors admitted to the benefits of partnership.
• Retirement
• Modes of Dissolution
• Consequences of Dissolution.
• Mode of Registration.
• Effect of Non – registration.
Cases:
PART III
Topic 6: Limited Liability Partnerships
• Limited Liability Partnerships Abroad and in India.
• Salient Features of the Limited Liability Partnership Act,2008.
• Advantages and Disadvantages of LLPs.
• Nature of Limited Liability Partnership.
• Incorporation.
• Extent and Limit of Liability of LLPs and Partners.
Case Laws:
20
1. Shantabai v. State of Bombay and Ors.,AIR 1958 SC 532.
2. State of Orissa v. Titaghur Paper Mills Company Limited,AIR 1958 SC 1293
3. Bamdev Panigrahi v. Monorama Raj,AIR 1974 AP 226.
4. Duncans Industries Ltd v. State of UP,(2000) 1 SCC 633.
PART IV
Topic 7: Joint Venture Agreements
• Types of Joint Ventures.
• Disclosure Problems in case of Conflict of Interest.
• Antitrust and Joint Venture.
• Foreign Collaborations and Foreign Direct Investment.
• Contents of Joint Venture Agreements and their Enforceability.
Case Laws:
1.New Horizons Ltd v.Union of India, MANU/SC/0564/1995.
2.Faqir Chand Gulati v.UppalAgencies, MANU/SC/3133/2008.
3.Seager v.Copydex Ltd., [1967] 1 WLR 923.
1. TEXT BOOKS
• Dr. RG Padia and Nilima Bhadbhade (eds.), Pollock and Mulla: Indian Contract and
Specific Relief Acts, Volume II (13th ed., 2006).
• GC Bharuka (ed.), Pollock and Mulla: The Indian Patnership Act (7th ed., 2011).
2. REFERENCE
21
G. Lecture Plan:
MODE OF
LECTURE TOPICS DELIVERY
NO
Lecture, self-
study, CRE
and Discussion
31-40 Agency
Lecture, self-
study, CRE and Discussion
41-50 Partnership
Lecture, self-
study, CRE and Discussion
22
51-55 LLP
Lecture, self-
study, CRE
and Discussion
Total Hours: 80
Lecture Hours: 60
• Part I: 40 Hrs
• Part II-IV: 20 Hrs
CRE: 16 Hrs
Continuous Assessment: 4 Hr
23
Course curriculum
Subject: Constitutional Governance - II| 6 credits|
Session: January to May, 2020 | Faculty: Sayantani Bagchi |
Class: BA/BBA LLB II Semester
A. INTRODUCTION
B. COURSE OUTCOMES
At the end of the course students will be able to
[CO. 1 ] have an idea about the different systems of governance in the world and the
peculiarities of the Indian governance setup with respect to them;
[CO. 2 ] understand Indian Federalism and division of powers between the Centre and the
States;
[CO. 3 ] understand judicial appointments and role of the Judiciary in the Indian polity;
[CO. 4] understand the dynamic nature of the Indian Constitution and the debate on its
amendability;
[CO. 5 ] demonstrate a practical understanding of Constitutional Governance by recognising
commonly encountered issues and by applying relevant standards and rules when presented
in hypothetical and unfamiliar fact patterns;
C. PROGRAM OUTCOMES
[PO.1].Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2].Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3].Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4].An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5].Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
24
[PO.6].Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7].Using technology in legal practice
[PO.8].Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9].Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESMENT PLAN
Project 20%
E. Curriculum
• Legislative Powers and its Distribution between the Union and the States: Articles
245-254, Schedule VII: the Union List(I), the State List (II) and the Concurrent List
(III);
• The extent of Legislative Powers:
The Doctrine of Territorial Nexus
Colourable Legislation
Delegatus non potest deligare
Interpretation of subjects of Legislation
Plenary Power & Retroactive Legislative Power
Ancillary and Incidental Power
The Doctrine of Pith and Substance
The Doctrine of Harmonious Construction
The Doctrine of Repugnancy
The Doctrine of Occupied Field
Residuary Powers
• Administrative Powers and its Distribution between the Centre and the States-
Administrative or functional relations between the Union and the States to ensure
25
maximum efficiency and effectiveness in the working of the two levels of the
Governments under the system created by the Indian Constitution;
• Distribution of Financial Powers and areas of friction between the Centre and the
States- Articles 264-268, 276, 280, 281.
Reading materials:
1. H. M. Seervai, Constitutional Law of India,Vol. III, Universal Law Publishing Co. Pvt.
Ltd., 2006, Chapter XXII
2. M. P. Jain, Indian Constitutional Law, Wadhwa Nagpur, 2012, Chapter X
3. Granvile Austin, The Indian Constitution: Corner Stone of a Nation, Oxford University
Press, 2004, Chapter 6
4. O. P. Tiwari, Federalism and Centre-State Relations: Towards a new era of Mutual
Cooperation, Deep and Deep Publications, New Delhi, 1996, Chapter 8
5. K. L. Bhatia, Federalism- Frictions in Centre-State Relations, 2001
6. D. D. Basu, Indian Constitutional Law, 2012
7. V. N. Shukla (Ed. M. P. Singh), Constitution of India, 2012
8. Sarkaria Commission Report: Centre-State Relations
Case laws:
• Executive Powers of the Union and the States: Articles 52, 53, 61, 70, 73, 74 and 75
and Articles 153, 154, 155, 156, 160, 162, 163 and164
• Legislative Powers of the Executive: Articles 123 and 213
• Judicial Powers of the Executive: Articles 72 and 161
Reading materials:
1. H. M. Seervai, Constitutional Law of India, Vol. III, Universal Law Publishing Co. Pvt.
Ltd., 2006, Chapter XVII
2. M. P. Jain, Indian Constitutional Law, Wadhwa Nagpur, 2006, Chapter XII
26
3. Granvile Austin, The Indian Constitution: Corner Stone of a Nation, Oxford University
Press, 2004, Chapters 4 & 5
4. O. P. Tiwari, Federalism and Centre-State Relations: Towards a new era of Mutual
Cooperation, Deep and Deep Publications, New Delhi, 1996, Chapter 9
5. D. D. Basu, Indian Constitutional Law, 2012
6. V. N. Shukla, (Ed. M. P. Singh), Constitution of India, 2012
Case Laws
1. B. P. Singhal v. Union of India and Anr, Writ Petition (Civil) No. 296 Of 2004, SC
Decision of May 07, 2010.
2. D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579
3. K. M. Sharma v. Devi Lal, AIR 1990 SC 528
4. Kehar Singh v. Union of India, AIR 1989 SC 653
5. Maru v. Union of India, AIR 1980 SC 2147
6. Ram Jawaya Kapoor v. State of Punjab, AIR 1955 SC 549
7. S. R. Bommai v. Union of India, (1994) 3 SCC 1
8. Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
9. Sri LekhaVidharathi v. State of U.P., (1991) 1 SCC 212
10. State of Punjab v. Joginder, AIR 1990 SC 1396
11. Manoj Narula v. Union of India, WRIT PETITION (CIVIL) NO. 289 OF 2005,
Judgment of SC, dated August 27, 2014
Reading Materials
1. H.M. Seervai, Constitutional Law of India, Vol. III, Universal Law Publishing Co. Pvt.
Ltd., 2006, Chapter XXVI and appx to Part I
2. M. P. Jain, Indian Constitutional Law, Wadhwa Nagpur, 2006, Chapter IV, VIII and
XXXIII
3. Granvile Austin, The Indian Constitution: Corner Stone of a Nation, Oxford University
Press, 2004, Chapter 7
4. O. P. Tiwari, Federalism and Centre-State Relations: Towards a new era of Mutual
Cooperation, Deep and Deep Publications, New Delhi, 1996, Chapter 12
5. Subhash Chandra Gupta, Supreme Court of India: An Instrument of Socio-legal
Advancement, Deep and Deep Publications, NewDelhi, 1995
6. K. L. Bhatia (Ed.) Juris Vicissitude: Law and Change towards 21st Century India, Deep
and Deep Publications, 1995, Part-III, Chapters 5 & 6
7. D. D. Basu, Indian Constitutional Law, 2012
8. V. N. Shukla (Ed. M. P. Singh), Constitution of India, 2012
27
9. Zia Mody, Courting Liberty: Independence of the Judiciary as envisaged by the
Constitution of India in 10 Judgements That Changed India, 163-185 (Zia Mody,
Shobhaa De Books, Penguin Group, New Delhi, 2013)
Case Laws:
Topic 4: Powers, privileges and immunities of the legislature and its members (Articles
105 and 194)
Reading Materials:
Case Laws:
28
Topic 5: Civil Services: Constitutional Safeguards (Articles 309-311)
Reading Materials:
Case Laws:
• National Emergency: Articles 352, 353, 354, 355, 358 & 359
• Failure of Constitutional Machinery: Articles 356 &357
• Civil Liberties and Emergency: Articles 358 & 359
• Financial Emergency: Article 360
Reading Materials:
1. H. M. Seervai, Constitutional Law of India, Vol. III, Universal Law Publishing Co. Pvt.
Ltd., 2006, Chapter XIX
2. M. P. Jain, Indian Constitutional Law, Wadhwa Nagpur, 2006, Chapter XIII & XXIII
3. O. P. Tiwari, Federalism and Centre-State Relations: Towards a new era of Mutual
Cooperation, Deep and Deep Publications, New Delhi, 1996, Chapter 5
Case Laws:
29
Topic 7: Amendment of the Constitution
Reading Materials:
1. H.M. Seervai, Constitutional Law of India, Vol. III, Universal Law Publishing Co. Pvt.
Ltd., 2006, Chapter XXX
2. M. P. Jain, Indian Constitutional Law, Wadhwa Nagpur, 2006, Chapters IV, VIII & XLI
3. Granvile Austin, The Indian Constitution: Corner Stone of a Nation, Oxford University
Press, 2004, Chapter 11
Case Laws:
N.B:The lists of readings and cases are not exhaustive. Additional cases and readings will be
provided in the course of the semester.
F. Lecture Plan:
30
17-19 Distribution of Financial Powers Lecture, self-
study, &
Discussion
Total Hours: 80
Lecture Hours: 60
CRE: 16 Hrs
Continuous Assessment: 4 Hrs
31
Course Curriculum
LEGAL LANGUAGE & ART OF ADVOCACY
Session: JAN – APR 2020 | Faculty: Dr.RashmiMathur|
Class: BA/BBA LLB II SEMESTER
A. INTRODUCTION:
This paper traces the history of legal language, legal terms, expressions and maxims
employed in writing. Legal Affectation is discussed at length so that those starting out on a
legal career should be given guidance and good practice from the outset to eliminate bad
habits involving circumlocution in legal writing. The paper also introduces the students to the
concept of narrative jurisprudence. Various literary texts with a substantial legal background
are studied to help the learners build up a jurisprudential perspective that invites them to re-
examine the stories and narratives within which law is practised. Legal Drafting is taught at a
preliminary level to help students learn the nuances of legal writing.
Writing and interpreting legal documents, contracts and letters require the utmost clarity and
acumen with a sound knowledge of the relevant laws and legislations. Hence, a brief
statutory overview is accompanied by the actual requirements of legal drafting.
B.COURSE OUTCOMES:
C. PROGRAM OUTCOMES
[P.O.1] Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[P.O.2] Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[P.O.3] Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[P.O.4] An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[P.O.5] Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for life-
long learning and continuing improvement;
[P.O.6] Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
32
[P.O.7] Using technology in legal practice
[P.O.8] Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[P.O.9] Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D.ASSESSMENT PLAN
E. CURRICULUM
• Power of Attorney
• Adoption Deed
• Gift deed
• Leases
• License
• Partition
• Partnership
33
• Will
1. TEXT BOOKS
• Peter Tiersma, Legal Language, University of Chicago Press, 2000
• Granville Williams, Learning the Law, Universal Law, New Delhi, 2000
• Michele.M .Asprey, Plain Language for Lawyers, Universal Law, New Delhi, 2002.
• Peter M. Tiersma& Lawrence M. Solan, The Oxford Handbook of Language & Law,
OUP, 2012
• George Orwell, Animal Farm, OUP, New Delhi, 1994.
• Harper Lee, To Kill a Mocking Bird, Penguin, London, 2001
• John Galsworthy, Justice, Harper Collins, New York, 1998
2. REFERENCE BOOKS
• James Boyd White, The Legal Imagination, University of Chicago Press, 1985
• R.P.Bhatnagar, Law and Language, Macmillan, 2009
• S.P.Agarwal, Pleadings, LexisNexis, New Delhi, 2003.
• Mogha, The Indian Conveyancer, Eastern Law House, Calcutta, 2004 .
• MurliManohar, Art of Conveyancing and Pleading, Eastern Book Company,
Lucknow, 2004
• Trayner’s Latin Maxims, Universal Law, New Delhi, 2010.
• Donald N. Zilliman, Strategic Legal Writing, Cambridge University Press, 2008
G. LECTURE PLAN:
34
John Galsworthy’s Justice study, &
Discussion
21-26 George Orwell’s Animal Farm Lecture, self-
study &
Discussion
27-36 Harper Lee’s To Kill a Mocking Bird Lecture, self-
study &
Discussion
37-40 Pleadings - Plaint and Written statement Lecture, self-
study &
Practice
41-42 Affidavits Lecture, self-
study &
Practice
43-44 Drafting of Legal Notices Lecture, self-
study &
Practice
45-47 Power of Attorney Lecture, self-
study &
Practice
48-49 Adoption Deed Lecture, self-
study &
Practice
50-51 Gift deed Lecture, self-
study &
Practice
52-55 Leases Lecture, self-
study &
Practice
56-58 License Lecture, self-
study &
Practice
59-61 Partition Lecture, self-
study &
Practice
62-66 Partnership Lecture, self-
study &
Practice
67-70 Will Lecture, self-
study &
Practice
71-72 Legal Essay Writing Lecture, self-
study &
Discussion
73-74 Law Reporting, Presenting Case Lecture, self-
critiques and Analyzing judgments study &
Discussion
75-76 Legal story and Play Writing from Lecture, self-
Court room reports study &
35
Discussion
Total Hours: 80
Lecture Hours: 76
Continuous Assessment Hours: 4
36
Course Curriculum
General Principles of Microeconomics-Economics-I | 6 Credits |
Session: Jan –May 2020 | Faculty: Dr.ChitraSaruparia
Class: BA LLB IISEMESTER
A. INTRODUCTION
The knowledge of Economics is important in the Legal Profession. Most of the Economists
favour changes that lead to efficiency and law practitioners aims to increase the profits of the
firm by helping them to reduce cost of production. Therefore it is necessary for the students
of law to be thoroughly conversant with fundamental and intricate principles of economics.
The course covers the basic concepts and tools needed to undertake the analysis of problems
that arise due to the law of scarcity and help students to understand the decision making
process at the micro level. It would also consist of discussions over the laws that help in
decision making at the individual level.
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
37
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
Topic1:Introduction to Economics
38
• Elasticity in Demand and Supply Curve- Measurement and applications, Case Studies
– OPEC and Oil Price, Illegal Drugs.
• Economic Role of Government with respect to Market -Price Ceiling, Price Floor
and Market adjustment , Black market, Tax and market adjustment , Elasticity and
Tax incidence. Case studies on -agricultural administered prices, minimum wage and
rent control.
• Relation between economics and law- economic offences and economic legislation
• Perfect Competition- allocative, distributive and productive efficiency, short and long
run equilibrium, relevance to competition Law and IPR
• Monopoly – short run and long run equilibrium , dead weight loss of monopoly ,price
discrimination, measure of monopoly power
• Monopolistic Competition and Oligopoly- barriers to entry, cartels and collisions,
Game theory, Nash equilibrium, Prisoner’s Dilemma
39
• Externalities and property rights
• Public and Private response to Market Failure: Ronald Coase theorem
• Economics as a tool to measure efficiency of laws:Pareto efficiency and
Compensation principles.
G. Lecture Plan:
40
35-36 Decomposition of price effect into income Lecture & Interaction
and substitution effect
Total Hours: 85
Lecture Hours: 81
Continuous Assessment: 4 Hrs
41
Course Curriculum
Political Science II {Indian Government and Politics} 6 Credits
Session: January – April 2020 | Faculty: Dr. ManishaMirdha|
Class: BA/ LLB II SEMESTER
A. INTRODUCTION
Political Science (II) – Indian Government and Politics, provides a clear and concise account of
the contemporary Indian political system. It explains the historical legacies that have shaped the
structures of Indian government and influenced the patterns of its politics. Simultaneously the
course describes the network of Indian institutions at federal and provincial level. It conveys a
sense of where power is located, how it is used and the constraints on its exercise. This course
not merely describes the well established framework of Government and Law but also elaborates
and analyzes these structures with reference to the constantly changing socioeconomic and
political milieu. It aims to provoke a debate amongst students on issues that are critical in
grasping contemporary India
B. COURSE OUTCOMES
At the end of the course the student will be able to
[CO.1] Understand the basics of the political system which undergirds the Indian legal
system
[CO.2] Appreciate the historical legacies that have shaped the structures of Indian
government and influenced the patterns of its politics
[CO.3] Have a clear understanding of the network of Indian institutions at federal and
provincial level
[CO.4] Analyze critically the well established framework of Government, Law and the
institutional structures with reference to the constantly changing socioeconomic and political
milieu
[CO.5] Form independent opinions on the contemporary political issues in the country
42
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research
and collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose
of ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong
learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
andachieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
TOPIC I
OVERVIEW OF THE INDIAN POLITICAL SYSTEM
43
• Salient Features of the Working process of the Constituent Assembly
• Granville Austin’s views
• Criticisms of the Constituent Assembly
• India: Social Structure and Democratic Process
Essential Readings:
TOPIC II
FEDRALISM AND STATE POLITICS IN INDIA
Essential Readings:
44
TOPIC III
UNION GOVERNMENT
Essential Readings:
Essential Readings:
1. Fadia B. L. and FadiaKuldeep, (2016) Government and Politics, SahityaBhawan
2. Manor, J. (1995) ‘Regional Parties in Federal Systems’, in Arora, B. and Verney,
D.V. (eds.) Multiple Identities in a Single State: Indian Federalism in Comparative
Perspective. Delhi: Konark
3. Yadav, Y. and Palshikar, S. (2006) ‘Party System and Electoral Politics in the Indian
States, 1952-2002: From Hegemony to Convergence’, in deSouza, P.R. and
Sridharan, E. (eds.) India’s Political Parties. New Delhi: Sage
45
4. Chibber. P. and Petrocik, J.R. (2002) ‘Social Cleavages, Elections and the Indian
Party System’, in Hasan, Z. (ed.) Parties and Party Politics in India. New Delhi:
Oxford University Press
TOPIC V
CHALLENGES TO INDIAN DEMOCRACY
Essential Readings:
TOPIC VI
46
• Forces in the Policy Making Process—The Individual Citizen; Electoral Pledges;
Influence of the Media, Pressure Groups, Political Parties
• Meaning, nature and scope of Public Administration in a State - Public & Private
administration
• Public Administration and Policy making
• Approaches to Public Policy and Its Implementation
• Policy Evaluation
• Theories of Organization - Scientific Management - Bureaucratic theory of organization -
Classic theory of organization - Human Relations theory of organization.
• Principles of Organization - Hierarchy - Span of Control - Unity of Command -
Centralised and decentralized administration.
Essential Readings
1. Fadia B. L.andKuldeepFadia (2015) Public Administration, SahityaBhawan,
2. R.K. Sapru, Public Policy-formulation, implementation and evaluation (Sterling
Publishers Pvt. Ltd., New Delhi, 2004)
3. James E. Anderson, Public Policy Making (Holt Rinehart, New York 3rd Edition, 1984)
4. Thomas R. Dye, Understanding Public Policy, Prentice Hall, Englewood Cliffs, 1978)
Reference Readings
47
2. B.N. Puri : Some Aspects of the Evolution of Indian Administration
3. B.S. Khanna : Panchayati Raj in India
4. Bhabani Sen Gupta : India – Problems of Governance, Konark Publishers, Delhi –
1996
5. Bhavani Singh : Recent Trends in Indian Government and Politics, Vol.II(1991)
6. Bipan Chandra : India After Independence, Penguin Books – 2000
7. C.P.Bhambri, The Indian States : fifty years, New Delhi, Shipra, 1999. Granville
8. G. Ram Reddy : Patterns of Panchayati Raj
9. Granville Austin : The Indian Constitution : Cornerstone of a Nation
10. Gupta, D.C. : Indian Government and Politics
11. Henry Maddick : Panchayati Raj in India
12. Hoshair Singh : Urban Local Government & Administration in India
13. J.R.Siwach : Dynamics of Indian Government and Politics, Streling, New Delhi –
1990
14. M. Shattacharya : Bureaucracy and Development Administration (N.D. Uppal, 1978)
15. M.A. Muttalib : Theory of Local Governance
16. M.V. Pylee : Constitutional Government in India.
17. Morris Jones : Government and Politics in India
18. Myron Weiner : Party Building in a New Nation : The Congress Party of India
19. Norman D. Palmer : The Indian Political System
20. P.R.Brass, Politics of India Since Independence, 2nd edn., Cambridge, Cambridge
University Press,
21. Ramesh K. Arora : Administrative Change in India (Jaipur: Alakh Publishers)
22. Rasheeduddin Khan : Federal India – A design for change, Vikas – 1992
23. S.K. Sharma & V.N. Chawla : Municipal Administration in India
24. S.R. Maheswari : Local Government in India
25. ShriramMaheswari : Indian Administration (New Delhi: Orient Longman, 1998)
26. SubhashC.Kashyap : Our Parliament, National Book Trust, New Delhi – 1992
27. ZoyaHasan : Politics and The State in India(ed.) Sage Publication, New Delhi – 2000
G. TEACHING PLAN
Lecture Topic
Number
1 Indian Political Thought
2-4 The Constituent Assembly of India- Background, Composition and
Working
48
11 India: Social Structure and Democratic Process
33 The Parliament: Powers and Functions of Lok Sabha and Rajya Sabha
49
52 Types of Public Policy
54-55 Meaning, nature and scope of Public Administration in a State - Public &
Private administration
59 Policy Evaluation
Total Periods: 80
Lecture Periods: 65
Presentation +Continuous Assessment: 15 periods
50
Curriculum
HUMAN RESOURCES MANAGEMENT
6 Credits | Session: January – May 2020|
Faculty: Dr. Vedantam Leela | Class: BBA/LL.B COURSE (U.G) II SEMESTER
A INTRODUCTION
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think and predict the behavior of other managers and
employees and to decide and develop reasoning, and problem solving
[PO.2]. Demonstrate the ability to forecast behaviour deviation. Prevent the same by
appropriately communicating through relevant managerial skills, including effective
listening and critical thinking.
[PO.3]. Demonstrate the ability to evaluation the demonstrable behavior and assess why
individuals’ behavior the way they are behaving in different situations;
[PO.4]. Understand the dimensions of behavior changes when employees work as individuals
and in groups and to operationalise business in different business scenarios and assess the
environment internally and externally;
51
[PO.5]. Critically appreciate the available literature and evidence for the purpose of ongoing
improvement of the practice of business managers
[PO.6]. Understand the impact of professional managerial skills in conducting assessment,
learning outcomes and implement relevant strategies to prevent deviant behavior.
[PO.7]. Using technology in taking behavioral decisions
[PO.8]. Equip with knowledge, passion and drive to excel managerial with analytical skills in
profession.
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. COURSE OUTLINE:
• HRM functions
• Outsourcing HR Functions
52
TOPIC III - HUMAN RESOURCES PLANNING AND MANAGEMENT
• Socialization
• Career planning.
• Promotion Policy
• Transfers Policy
1. Dwivedi R.S, Human Relations and Organizational Behaviour- A Global Perspective, 5th
Edn, Macmillan Business Books New Delhi, 2004, P 764 - 806
53
TOPIC VI HUMAN RESOURCES AUDIT
• Need for Human Resources Accounting
• HR Audit
• Collective Bargaining
F. REFRENCES
1. Mamoria, C.B & Satish Mamoria, Dynamics of Industrial Relations, Himalaya
Publishing House, Mumbai, 2007
2. Mishra, S.N, Labour and Industrial law, Central Law Publications, Allahabad, 2004
3. Pillai, K.M, Labour and Industrial law, Allahabad, Law Agency, Faridabad, Haryana
2004
4. Edwin B Flippo, “Personnel Management” McGraw-Hill International Editions, 6th
Edition, 1984, Chapter 24, Pp 568- 584
5. Gary Dessler, “Human Resource Management” Prentice-Hall of India, New Delhi,
10th Edition, 2005, Chapter 17, Pp 654 - 678
6. Ian Beardwell and Len Holden, “Human Resource Management: A contemporary
perspective” Prentice-Hall of India, New Delhi, 10th Edition, 2005, Chapter 15 to 18,
Pp 599 - 678
7. David A DeCenzo and Stephen P Robbins, “Personnel / Human Resources
Management”, Prentice-Hall of India, New Delhi, 10th Edition, Chapter 23, Pp 599 -
605
54
8. Luis R. Gomez-Mejia, David B.Balkin and Robert L.Cardy, “Managing Human
Resources”, Prentice-Hall of India, New Delhi, 4th Edition, 2004, Chapter 17, Pp 574
– 602
9. K.Aswathappa, “Human Resources and Personnel Management”, Tata McGraw-Hill
Publishing Company Limited, New Delhi, First Reprint, 2002, Chapter 7, Pp 531 -
570
10. Wayne F. Cascio, “Managing Human Resources: Productivity, Quality of Work Life,
Profits”, Tata McGraw Hill Publishing Company Limited, New Delhi, 6th Edition, 3rd
Reprint, 2003, Chapter 16, Pp 616 – 650
G. LECTURE PLAN
55
31-32 Coaching and counseling Lecture, Discussion Case Study &
Self Study
33-34 Promotion Policy Lecture, Discussion Case Study &
Self Study
35-36 Transfers Policy Lecture, Discussion Case Study &
Self Study
37-38 Employee turnover – causes and Lecture, Discussion Case Study &
measures to control employee turnover Self Study
39-40 Termination – forms of terminations Lecture, Discussion Case Study &
Self Study
41-42 Termination – forms of terminations Lecture, Discussion Case Study &
Self Study
43-45 Termination – forms of terminations Lecture, Discussion Case Study &
Self Study
46-47 Workers participation in management Lecture, Discussion Case Study &
Self Study
48-49 Workers participation in management Lecture, Discussion Case Study &
Self Study
50-51 Workers participation in management Lecture, Discussion Case Study &
Self Study
52-53 Models of participatory management Lecture, Discussion Case Study &
Self Study
54-55 Factors influencing participation Lecture, Discussion Case Study &
Self Study
56-57 Some issues of participatory Lecture, Discussion Case Study &
management and HRM. Self Study
58-59 Industrial Relations and HRM Lecture, Discussion Case Study &
Self Study
60-61 Grievance Redressal Mechanisms Lecture, Discussion Case Study &
Self Study
62-64 Collective Bargaining Lecture, Discussion Case Study &
Self Study
65-66 Challenges of Collective Bargaining Lecture, Discussion Case Study &
failure, Issues of indiscipline and Self Study
misconduct
67-68 Need for Human Resources Accounting Lecture, Discussion Case Study &
Self Study
69-70 Models of valuation of Human Lecture, Discussion Case Study &
Resources Accounting Self Study
71-72 HR Audit Lecture, Discussion Case Study &
Self Study
73-74 Distinction between HR Accounting and Lecture, Discussion Case Study &
HR Audit Self Study
76-77 Case Study Lecture, Discussion Case Study &
Self Study
78-79 Case study Lecture, Discussion Case Study &
Self Study
80-81 Case Study Lecture, Discussion Case Study &
Self Study
56
82-84 Case study Lecture, Discussion Case Study &
Self Study
85-86 Case Study Lecture, Discussion Case Study &
Self Study
87-88 Case study Lecture, Discussion Case Study &
Self Study
89-90 Case Study Lecture, Discussion Case Study &
Self Study
Total Hours: 90
Lecture Hours: 86
Continuous Assessment: 4 Hrs
57
Course Curriculum
FUNCTIONAL MANAGEMENT II (MARKETING MANAGEMENT) | 6 Credits |
Session: January – May 2020 | Faculty: Dr. Archi Mathur
Class: BBA LLB II SEMESTER
A. INTRODUCTION
In a hypercompetitive market, the course on Marketing Management equips the students with
the requisite marketing skills required to keep their organization on the growth path. Market
has now become a battlefield for the companies and this course prepares the students to
tackle the tumultuous markets to succeed in business.
B. COURSE OUTCOMES
[CO.2] Be able to formulate the marketing mix required to make the product successful in the
market
[CO.3] Be in a position to identify the consumer behavior and formulate marketing strategies
accordingly
[CO.6] Be able to learn the promotional tools required to sell the products in the market
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation
of clients, performance of duties as an officer of the courts, and behaves in a sensitive
manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
58
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
Meaning and Importance, Determinants of Buying Behavior, Buyer Decision Process, Market
Segmentation, Market Targeting.
59
2. Kotler Philips, Marketing Management, 11th Edition, Prentice Hall of India, 2002;
Chapter 7, pg 183-208; Chapter 10, pg 279-300; Chapter 5, pg 129-139; Chapter 9,
pg 242-270.
3. Hoffman Douglas K et al: Marketing: Best Practices, 2nd Edition, Thomson South
Western Limited, 2004; Chapter 4, pg 98-127; Chapter 5, pg 136-157; Chapter 7, pg
196-227.
1. Kotler Philips, Marketing Management, 11th Edition, Prentice Hall of India, 2002;
Chapter 10, pg 279-300; Chapter 5, pg 129-139; Chapter 9, pg 242-270.
TOPIC 4 Product:
Definition, Levels & Evolution of Product, Classification of Product, Product Life Cycle,
New Product Development, Product Mix, Branding, Packaging, Labeling, Product
Positioning, Product Diversification, Product Differentiation, Product Simplification and
Obsolescence.
TOPIC 5 Pricing:
60
4. Evans Joel R & Berman Berry; Marketing, 8th Edition, Biztantra, 2003; Chapter 7, pg
594-614.
Promotion Mix, Advertising, Sales Promotion, Publicity, Personal Selling, Direct Marketing.
Definition of Sales Management & Salesforce, , Designing the Salesforce, Managing the
Salesforce.
61
TOPIC 9 Market Planning and Control:
Books:
1. Ramaswamy V S & Namakumari S, Marketing Management: Planning,
Implementation & Control: Global Perspective, Indian Context, 3rd Edition,
Macmillan India Limited, 2003.
2. Kotler Philips, Marketing Management, 11th Edition, Prentice Hall of India, 2002.
3. Hoffman Douglas K et al: Marketing: Best Practices, 2nd Edition, Thomson South
Western Limited, 2004.
4. Evans Joel R & Berman Berry; Marketing, 8th Edition, Biztantra, 2003.
5. Moorthi YLR, Brand Management: The Indian Context, 2003, Vikas Publishing
House Pvt. Ltd.
6. Nair Suja R, Consumer Behaviour in Indian Perspective, Himalaya Publishing
House, 2001.
7. Lal Rajiv, Quelch John A., & Rangan V. Kasturi, Marketing Management: Text and
Cases, Indian Adapted Edition, Tata McGraw Hill Publishing Company Limited,
2005.
Articles from ‘Brand Equity’ and ‘The Strategists’ to be taken up at appropriate time in the
class either in the form of discussion, exercise or case study.
Day Topic
Day 1 Introduction
Day 2 Meaning and Definition
Day 3 Marketing Functions
Day 4 Concept of Marketing Mix
Day 5 Concept of Marketing Mix- Exercise
Day 6 Concept of Marketing Mix-Exercise
Day 7 Concept of Marketing Mix-Exercise
Day 8 Concept of Marketing Mix-Exercise
Day 9 Marketing Environment.
Day 10 Marketing Environment.
Day 11 Case Study
Day 12 Case Study
Day 13 Case Study
Day 14 Case Study
Day 15 Meaning and Importance of Consumer Behaviour
Day 16 Determinants of Buying Behavior
Day 17 Determinants of Buying Behavior
Day 18 Determinants of Buying Behavior-Exercise
Day 19 Determinants of Buying Behavior-Exercise
Day 20 Determinants of Buying Behavior-Exercise
62
Day 21 Buyer Decision Process
Day 22 Buyer Decision Process
Day 23 Market Segmentation
Day 24 Market Targeting.
Day 25 Case Study
Day 26 Case Study
Day 27 Case Study
Day 28 Case Study
Day 29 Identification & Selection of Competitors, Competitive Intelligence System
Day 30 Competitive Strategies
Day 31 Marketing Research: Meaning, Importance and Types
Day 32 Techniques of Marketing Research
Day 33 Case Study
Day 34 Case Study
Day 35 Case Study
Day 36 Case Study
Day 37 Definition of Product, Levels & Evolution of Product
Day 38 Classification of Product
Day 39 Product Life Cycle
Day 40 New Product Development
Day 41 Product Mix, Branding, Product Simplification
Day 42 Exercise
Day 43 Exercise
Day 44 Packaging, Labeling, Product Differentiation
Day 45 Product Positioning, Product Diversification and Product Obsolescence.
Day 46 Case Study
Day 47 Case Study
Day 48 Case Study
Day 49 Case Study
Day 50 Definition, Types of Pricing Strategies
Day 51 Case Study
Day 52 Case Study
Day 53 Case Study
Day 54 Case Study
Day 55 Promotion Mix, Advertising
Day 56 Advertising, Sales Promotion, Publicity
Day 57 Direct Marketing
Day 58 Case Study
Day 59 Case Study
Day 60 Case Study
Day 61 Case Study
Day 62 Definition of Sales Management & Salesforce, Designing the Salesforce
Day 63 Managing the Salesforce.
Day 64 Definition of Distribution Channel, Types of Channels, Process of Distribution
Channel
Day 65 Channel Design Decisions
Day 66 Channel Management Decisions, Channel Dynamics
Day 67 Case Study
Day 68 Case Study
Day 69 Case Study
Day 70 Case Study
Day 71 Definition and process of Marketing Planning
Day 72 Definition and process of Marketing Control
63
Day 73 Case Study
Day 74 Case Study
Day 75 Case Study
Day 76 Case Study
Day 77- 80 Class Test
Total Hours: 80
Lecture Hours:65
Case Study: 10-15 days
Class Test: 04
64