PAPER: MERCANTILE LAW (100 MARKS)
Revised Scheme and Syllabus for CSS Competitive Examination-2016
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 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.
Revised Scheme and Syllabus for CSS Competitive Examination-2016
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 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.