Nalsar

ONE YEAR POST-GRADUATE DIPLOMA IN DRAFTING, NEGOTIATION AND ENFORCEMENT OF CONTRACTS

Learning Resources


Subject code	Subject
1.1	General Principles of Law of Contracts
1.2	Law related to Specific Contracts
1.3	Drafting and Negotiating Contracts
1.4	Remedies for Enforcement, Breach and Performance of Contracts

NOTE: The old question papers are made available to the candidates only as a model and to understand the examination pattern. The University reserves the right to change the pattern of the question papers. Hence, all the candidates are advised to prepare for the examination from the Self Learning (reading) Materials, PPTs and the inputs provided by the experts at the time of the Personal Contact Programme sessions.

Academic Year	Question Papers
2020-2021	Paper I	Paper II	Paper III	Paper IV

ONE YEAR POST-GRADUATE DIPLOMA IN DRAFTING, NEGOTIATION AND ENFORCEMENT OF CONTRACTS

Contact Sessions - 2nd Round (2020-21)

PROGRAMME SCHEDULE (Online)

Kindly Note: Webex Meeting links to join online class as per the below schedule has been emailed to you along with Meeting link, Meeting number & Password. The recorded Video links & PPTs will be uploaded on this page within 10 days after the closure of the classes.

Kindly Note: Password to access Video Links at Vimeo is - nalsar123

DAY 1-27 February- Saturday
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m	Negotiating a Contract: (a) Relationship between negotiation and contract drafting, (b) Different approaches to a negotiation, (c) Planning for a negotiation, (d) Stages of negotiation, (e) Proposals, Influence, and persuasion, (f) Post negotiation process This chapter will discuss the role of negotiation and its relation and relevance to contract drafting. It will focus on key negotiation terms, stages of negotiations, tools and techniques for an effective negotiation, different strategies for a negotiation, identifying other party’s goals and interests and other important concepts like BATNA, WATNA, MLATNA, bargaining power, etc.	Dr. Anurag Agarwal IIM Ahamdabad	Click here
	11.00 – 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Limitations on Freedom of Contract: Void and valid agreements - lawful and unlawful consideration - lawful and unlawful object - distinction between void and voidable agreement - illegal and unlawful agreements - effect of illegal and unlawful agreements Unlawful consideration and object - forbidden by law - defeating the provision of any law - fraudulent - injurious to person or property - immoral - against public policy Void agreements - agreements without consideration - agreements in restraint of trade - exceptions - sale of goodwill - restrictions under the partnership Act - trade combinations - exclusive dealing agreements - restraints on employees under agreements of service Agreements in restraint of legal proceedings - its exceptions - uncertain and ambiguous agreements	Mr. Rajesh Kapoor Course Coordinator & Asst. Professor, NALSAR [email protected]	Click here
	12.45 – 1.45 p.m.	Lunch Break
3	1.45 - 3.15 p.m	Limitations on Freedom of Contract Continue	Mr. Rajesh Kapoor	Click here
	3.15 - 3.30 p.m.	Tea Break
4	3.30 - 5.00 p.m.	Concluding a Contract and Post Contractual Obligations: (a) Closing a contract, (b) Contractual validity, (c) Attestation, (d)) Registration, (e) Notarization, (d) Stamping, (e) Enforcement, (f) Novation, (g) Alteration, (h) Post drafting checklist. This chapter will discuss how a contract and its drafting process is completed. It will also ensure the steps that need to be taken after a contract is drafted to ensure its validity and enforcement. These steps include but not limited to its registration, notarization, stamping etc.	Mr. Ajar Rab (ACIArb, MAIADR) Partner Rab & Rab Associates LLP Advocates & Solicitors	Click here	Click here

DAY 2 – 28 February- Sunday
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m.	Discharge of a contract and its various modes—By performance - conditions of valid tender of performance - how? by whom? Where? when? in what manner? - performance of reciprocal promises - time as the essence of a contract - assignment of contract - death and bankruptcy By breach - anticipatory breach and present breach Supervening impossibility of performance - specific grounds of frustration - application to leases theories of frustration - effect of frustration - frustration and restitution By expiry of period of limitation By agreement and novation - rescission and alteration - the effect of - remission and waiver of performance - extension of time - accord and satisfaction	Dr. Nilima Bhadbhade Lawyer and Consultant Pune,(Revised three editions of the 100-year old treatise ‘Pollock and Mulla’s Contract and Specific Relief Act’)	Click here	Click Here
	11.00 - 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Contracts with Government Government Contract a category in itself - Article 299 of the Constitution - the grund norm for government contracts, ratification and government contract, modification of government contract, no implied contract with government	Dr. Nilima Bhadbhade	Click here	Clich Here
	1.45 – 3.15 p.m.	Lunch Break
3	2.00 - 3.15 p.m.	Tenders-Notice inviting tenders - requirements of a valid tender - strict compliance with stipulations of notice - effect of minor deviations	Mr.Nagarjun Matangi Assistant Director, EY	Click here	Click here
	3.15 – 3.30 p.m	Tea Break
4	3.30 - 5.00 p.m.	Tenders- Continue	Mr. Nagarjun Matangi	Click here	Click here

DAY 3 – 6 March 2021- Saturday
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m	Agency: Agent’ and ‘Principal’ defined, Who may employ an agent- who may be appointed as agent, Kinds of agents and agencies- essentials of an agency transaction, Distinction between agent and servant, Various methods of creation of agency, Rights, duties and liabilities of principal and agent- scope and limitation, Delegation- ratification and revocation of authority, Methods of termination of agency contract, Liability of the principal and agent before and after such termination.	Mr. Rajesh Kapoor	Click here
	11.00 – 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Standard Form Contracts	Mr. Rohit Kumar	Click here	Click here
	12.45 – 2.00 p.m.	Lunch Break
3	2.00 - 3.15 p.m.	Damages for Breach of Contract An introduction to Section 73 of the Indian Contract Act, 1872 The relationship between damages in contract and tort The compensatory principle The kind and nature of damages – expectation interest, reliance interest, loss of chance etc. Damages in cases of fundamental breach Limitations: Remoteness of damages – the Hadley v. Baxendale rule in Indian law Duty of mitigation Contributory negligence The date of assessment of damages Section 74 of the Indian Contract Act and the rule against penalties	Dr. Nilima Bhadbhade	Click here	Click here Click here
	3.30 - 3.30p.m.	Tea Break
4	3.30 - 5.00 p.m.	Damages for Breach of Contract –Continue	Dr. Nilima Bhadbhade	Click here	Click here

DAY 4 – 7 March-2021- Sunday
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m.	Sample Agreements : Purchase and Supply Agreement Power of Attorney Franchisee and Licensing Agreement Escrow Agreement Employment Agreement Term Loan Agreements Government Contracts Rent and Lease Agreements	Mr.Ajar Rab	Click here
	11.00 – 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Sample Agreements to Continue…	Mr.Ajar Rab	Click here	Click here
	12.45 – 1.45 p.m.	Lunch Break
3	1.45 - 3.15 p.m.	Remedies arising out of void/voidable contracts An introduction to Sections 64 to 72 of the Indian Contract Act, 1872 Supervening impossibility, frustration and force majeure Fraud and mistake The existence of the law of unjust enrichment in India Defences to unjust enrichment	Mr. Nagarjun Matangi	Click here
	3.15 - 3.30p.m.	Tea Break
4	3.30 - 5.00 p.m.	Remedies arising out of void/voidable contracts to Continue..	Mr. Nagarjun Matangi	click here

Reschedule Classes Schedule

April 02, 2021,Friday
S.No.	Session	Topic	Resource Person	Video Link	PPTs
1	1.45 - 3.15 p.m.	Remedies arising out of void/voidable contracts An introduction to Sections 64 to 72 of the Indian Contract Act, 1872 Supervening impossibility, frustration and force majeure Fraud and mistake The existence of the law of unjust enrichment in India Defences to unjust enrichment	Mr. Nagarjuna	Click here
	3.15 - 3.30 p.m.	Tea Break
2	3.30 - 5.00 p.m.	Remedies arising out of void/voidable contracts to Continue..	Mr. Nagarjuna	Click here

Contact Sessions - 1st Round (2020-21)

PROGRAMME SCHEDULE (Online)

Kindly Note: Password to access Video Links at Vimeo is - nalsar123

DAY 1-Thursday 19 November 2020
S.No.	Session	Topic	Resource Person	Video Links	PPTs
	9.30 – 10.00 a.m	Orientation Session	Mr. Rajesh Kapoor Course Coordinator & Asst. Professor, NALSAR [email protected]	Click here
1	10.00 - 11.30 a.m.	General Introduction and Formation of an Agreement : History and nature of contractual obligations, Definition of agreement and contract - definition - communication and revocation - offer and acceptance - postal rule of communication - offer and invitation to treat, Place of formation of contract and jurisdiction of courts - formation of e-contracts	Mr. Rajesh Kapoor	Click here
	11.30 - 11.45 a.m	Tea Break
2	11.45 - 1.15 p.m.	Consideration & Capacity Meaning - basis and the nature of consideration - kinds (past, executed and executory) - doctrine of privity of contract - doctrine of consideration - exceptions to doctrine of consideration - adequacy of consideration - unlawful consideration and its effects Performance of existing obligations - forbearance to sue - composition and promissory estoppel Natural Person, Corporations and Unincorporated Bodies, Public Authorities	Mr. Rajesh Kapoor	Click here
	1.15 – 2.00 p.m	Lunch Break
3	2.00 - 3.30 p.m	Module III: Free Consent Definition of free consent - vitiating factors and their effect - coercion - definition, techniques of causing coercion Undue influence - definition - between which parties can it exist? - Burden of proof - presumption of undue influence - rescission Misrepresentation - definition - unwarranted statements - breach of duty - inducing mistake about subject matter - suppression of vital facts - means of discovering truth	Mr. Lalit Kumar Partner, JSA	Click here	Click here
	3.30 - 3.45p.m.	Tea Break
4	3.45 - 5.15 p.m.	Fraud - definition - essential elements – suggestion - falsi suppressio veri - when does silence amount to fraud? - active concealment of truth - importance of intention Mistake - definition - kinds - fundamental error - mistake of law and of fact - their effects - when does a mistake vitiate free consent and when does it not vitiate free consent	Mr. Lalit Kumar	Click here	Click here

DAY 2 – Friday 20 November
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m.	Indemnity & Guarantee	Mr. Rajesh Kapoor	Click here
	11.00 - 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Indemnity & Guarantee	Mr. Rajesh Kapoor	Click here
	1.45 – 3.15 p.m.	Lunch Break
3	2.00 - 3.15 p.m.	Introduction to Contract Drafting (a) Why should you draft a contract? (b) Understanding the drafting process, (c) Glossary of important terms used in a contract. Fundamental Rules of Drafting Contract (a) Elements of a contract (b) Structuring a contract, (c) Role of language, (d) Drafting techniques, (e) Pre drafting checklist	Mr. Ajar Rab	Click here	Click here
	3.15 – 3.30 p.m	Tea Break
4	3.30 - 5.00 p.m.	Clauses of a Contract- Introductory Clauses, Substantive Clauses, Endgame clauses, Boilerplate clauses,	Mr.Ajar Rab	Click here	Click here

DAY 3 – Saturday 21 November 2020
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m	Bailment & Pledge	Mr. Rajesh Kapoor	Click here
	11.00 – 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Bailment & Pledge	Mr. Rajesh Kapoor	Click here
	12.45 – 2.00 p.m.	Lunch Break
3	2.00 - 3.15 p.m.	Introduction to Commercial Law and Equity Injunctions -Types of injunctions – Temporary injunctions, Mandatory injunctions, Quia timet injunctions etc. Principles governing the grant of interlocutory injunctions, Relationship amongst the three factors; prima facie case, balance of convenience and irreparable harm The importance of an undertaking in damages Injunctions under special statutes; Arbitration and Conciliation Act, 1996, Companies Act, 2013 etc. Freezing Injunctions, Injunctions against invocation of bank guarantees	Mr. Nagarjun Matangi Assistant Director, EY	Click here	Click here
	3.30 - 3.30p.m.	Tea Break
4	3.30 - 5.00 p.m.	Injunctions to be continued	Mr. Nagarjun Matangi	Click here	Click here

DAY 4 – Sunday 22 November 2020
S.No.	Session	Topic	Resource Person	Video Links	PPTs
1	9.30 – 11.00 a.m.	Clauses of a Contract- Introductory Clauses, Substantive Clauses, Endgame clauses, Boilerplate clauses	Mr.Ajar Rab	Click here
	11.00 – 11.15 a.m.	Tea Break
2	11.15 - 12.45 p.m.	Concluding a Contract and Post Contractual Obligations: (a) Closing a contract, (b) Contractual validity, (c) Attestation, (d)) Registration, (e) Notarization, (d) Stamping, (e) Enforcement, (f) Novation, (g) Alteration, (h) Post drafting checklist	Mr.Ajar Rab	Click here	Click here
	12.45 – 1.45 p.m.	Lunch Break
3	1.45 - 3.15 p.m.	Specific Performance - Meaning of specific performance Fundamentals of specific performance Actions for an agreed sum Constant supervision The burden of proof to get a relief of specific performance Exceptions ; Section 14 of the Specific Relief Act, 1963 The statutory amendment in 2018 – rationale and effect Substituted performance	Mr. Nagarjun Matangi	Click here	Click here
	3.15 - 3.30p.m.	Tea Break
4	3.30 - 5.00 p.m.	Specific Performance to be continued	Mr. Nagarjun Matangi	Click here	Click here

ONE YEAR POST-GRADUATE DIPLOMA IN DRAFTING, NEGOTIATION AND ENFORCEMENT OF CONTRACTS

Learning Resources

ONE YEAR POST-GRADUATE DIPLOMA IN DRAFTING, NEGOTIATION AND ENFORCEMENT OF CONTRACTS

Contact Sessions - 2nd Round (2020-21)

PROGRAMME SCHEDULE (Online)

Reschedule Classes Schedule

Contact Sessions - 1st Round (2020-21)

PROGRAMME SCHEDULE (Online)

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