CLAT PG Substantive Law (LLM) Syllabus

PG Substantive Law (LLM) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for PG Substantive Law (LLM) in CLAT, not a summary of it.

1. 1

   Law of Contracts and Commercial Law

   3 topics

   • Indian Contract Act Principles
     • Formation, consideration and consent
     • Quasi-contracts and remedies
   • Specific Relief and Sale of Goods
     • Specific performance and injunctions
     • Conditions and warranties
   • Negotiable Instruments and Partnership
     • Liability on instruments
2. 2

   Criminal Law and Procedure

   3 topics

   • General Principles of Criminal Liability
     • Mens rea, actus reus and joint liability
   • Major Offences
     • Offences against person and property
   • Criminal Procedure and Evidence
     • Investigation, trial and appeals
     • Relevancy and admissibility of evidence
3. 3

   Torts, Family and International Law

   3 topics

   • Law of Torts
     • Negligence and liability principles
   • Family Law
     • Marriage, divorce and succession across personal laws
   • Public International Law
     • Sources of international law and treaties
     • State responsibility and human rights

PG Substantive Law (LLM) flashcards for CLAT

20 of 51 cards from the PG Substantive Law (LLM) deck — real questions with worked answers.

1. Under the Indian Contract Act, 1872, what is the definition of an 'agreement' and a 'contract' (Sections 2(e) and 2(h))?

   An agreement (S.2(e)) is every promise and set of promises forming the consideration for each other. A contract (S.2(h)) is an agreement enforceable by law. Thus, Contract = Agreement + Enforceability.

2. What are the essential elements of a valid contract under Section 10 of the Indian Contract Act, 1872?

   Free consent of parties competent to contract, lawful consideration, lawful object, and the agreement not being expressly declared void. Parties must intend to create legal relations.

3. What constitutes 'free consent' under Section 14 of the Indian Contract Act, and what vitiates it?

   Consent is free when not caused by coercion (S.15), undue influence (S.16), fraud (S.17), misrepresentation (S.18), or mistake (S.20-22). The first four make a contract voidable; bilateral mistake of fact makes it void.

4. What is the rule in Carlill v. Carbolic Smoke Ball Co. regarding offers, as applied in Indian contract law?

   A general offer made to the world at large can be accepted by anyone who performs the conditions, and performance itself constitutes acceptance and communication. It is a unilateral contract.

5. Under Section 25 of the Indian Contract Act, what is the general rule about consideration, and name two exceptions?

   An agreement without consideration is void (ex nihilo nihil fit). Exceptions: (1) natural love and affection between near relatives in writing and registered; (2) compensation for past voluntary services; (3) a written promise to pay a time-barred debt.

6. What is the difference between a void agreement and a voidable contract under the Indian Contract Act?

   A void agreement (S.2(g)) is not enforceable by law from the outset. A voidable contract (S.2(i)) is enforceable at the option of one party (the aggrieved party) and valid until rescinded.

7. What is the doctrine of 'quantum meruit', and when does it apply in contract law?

   Quantum meruit means 'as much as earned'. It allows a party to claim reasonable remuneration for work done when a contract is discharged before completion (e.g., by breach by the other party), preventing unjust enrichment.

8. Under Section 73 of the Indian Contract Act, what is the measure of damages for breach of contract (rule in Hadley v. Baxendale)?

   The injured party may recover compensation for loss naturally arising in the usual course of things from the breach, plus loss the parties knew at the time of contracting to be a likely result. Remote or indirect loss is not recoverable.

9. What is a 'contingent contract' under Section 31 of the Indian Contract Act?

   A contract to do or not do something if some collateral event, which is uncertain, does or does not happen (e.g., a contract of insurance or indemnity). It is enforceable only on the happening of that event.

10. Under the Specific Relief Act, 1963, what are the main kinds of specific relief available?

    Recovery of possession of property, specific performance of contracts, rectification and cancellation of instruments, rescission of contracts, declaratory decrees, and preventive relief by injunction.

11. When will specific performance of a contract generally NOT be granted under the Specific Relief Act, 1963?

    Where compensation in money is adequate relief, where the contract involves personal/continuous duties the court cannot supervise, where terms are uncertain, or where the contract is determinable in nature.

12. What is the difference between a temporary (interlocutory) injunction and a perpetual (permanent) injunction under the Specific Relief Act?

    A temporary injunction continues for a specified time or until further court order and is granted at any stage of a suit (CPC Order 39). A perpetual injunction is granted by final decree, permanently restraining the defendant.

13. Under the Sale of Goods Act, 1930, what is the distinction between a 'sale' and an 'agreement to sell'?

    In a sale, property (ownership) in the goods is transferred immediately; it is an executed contract. In an agreement to sell, transfer of property happens at a future time or subject to conditions; it is an executory contract.

14. Under the Sale of Goods Act, 1930, what is the difference between a 'condition' and a 'warranty' (Section 12)?

    A condition is a stipulation essential to the main purpose; its breach gives a right to repudiate the contract. A warranty is collateral; its breach gives only a right to claim damages, not to reject the goods.

15. What does the doctrine 'nemo dat quod non habet' mean under the Sale of Goods Act, and name an exception?

    It means no one can give a better title than they have; a non-owner cannot transfer good title. Exceptions include sale by a mercantile agent, sale by a person with voidable title, and estoppel.

16. What is the meaning of 'caveat emptor' under the Sale of Goods Act, and what is its main exception?

    'Let the buyer beware' — the buyer is responsible for checking goods before purchase, and there is no implied condition as to quality. Exception: where the buyer relies on the seller's skill for a particular purpose, an implied condition of fitness arises.

17. Under the Negotiable Instruments Act, 1881, what is a 'promissory note' (Section 4)?

    An instrument in writing (not a bank/currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person or to the bearer.

18. Under the Negotiable Instruments Act, 1881, what are the three parties to a bill of exchange and a cheque?

    A bill of exchange has the drawer, drawee (acceptor), and payee. A cheque is a bill of exchange drawn on a specified banker, payable on demand; its parties are drawer, drawee bank, and payee.

19. What is the offence under Section 138 of the Negotiable Instruments Act, 1881 (cheque dishonour)?

    Dishonour of a cheque for insufficiency of funds or because it exceeds the arrangement. It is punishable with imprisonment up to two years or fine up to twice the cheque amount, or both, subject to notice and complaint conditions.

20. Under the Indian Partnership Act, 1932, what is the definition of 'partnership' (Section 4)?

    The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The persons are 'partners' and collectively a 'firm'.

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