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Commercial Contracts
Commercial Contracts

Commercial Contracts

A Treatise on Legal Metrology Act, 2009 A Treatise on Legal Metrology Act, 2009
Law relating to WILLS, Nomination & Succession Front Law relating to WILLS, Nomination & Succession
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Book Details
Title Commercial Contracts
ISBN 978-81-1956-575-7
Edition 5th edn., 2024
Pages 1392
Authors R.Kumar
Publisher Bharat Publishers
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SKU: TG-BPG-CC Categories: , , ,

Description

Get your copy of “Commercial Contracts” and delve into its chapters covering historical backgrounds, constitution, provisions, and powers. Enjoy discounts on ISBN: 978-81-1956-575-7, Edition: 5th edn., 2024. Authored by R.Kumar, this edition spans across 1392 pages,  published by Bharat Publishers.

Chapter Content Page No.
  Bharat?  
Preface to the Fifth Edition 7
Alphabetical Index of Contents 19
Chapter 1 Commercial Contracts 1
Introduction 1
1. General Aspects of the Contract 2
2. Principles of English/French Contract Law 5
Chapter 2 Basics of Contract 9
1. What is a Contract? 9
2. Types of Contracts 9
3. Validity & Enforceability of Contracts 10
4. Negotiation 10
5. Breach of Contract & Available Remedies 13
Chapter 3 Contracts — Basic Elements 17
Mutual Assent 17

> The Offer

 17

> Intent

 18

> Contract

 19

> Content

 19

> Communication

 21

> Termination of Offer

 21

> Acceptance

 22
Consideration 24

> Bargain

 24

> Gratuitous Promises

 24

> Failure of Consideration

 25
Defenses 25

> Misunderstandings

 26

> Mistakes

 27

> Mutual Mistakes

 27

> Unilateral Mistakes

 27

> Concealment

 27

> Misrepresentation

 28

> Public Policy Defences

 28

> Illegality

 28

> Substantive Unconscionability

 28

> Standard Form Contracts

 28

> Disclaimers

 28

> Time Limitation Clauses

 29

> Infant’s Contracts and Mental Incapacity

 29

> Intoxicated Persons

 29

> Fraud

 30

> Value

 30

> Want of Consideration

 31

> Illusory Consideration

 31

> No Consideration — Pre-existing Legal Duty

 31
Chapter 4 Contract and Risk Management 33
 DIVISION A: COMMERCIAL AGREEMENTS
Chapter 5 Non-Disclosure Agreement 35
1. Meaning 35
2. Agreement — Format 35
Chapter 6 Foreign Supply Agreement 41
1. Meaning 41
2. Agreement — Format 41
Chapter 7 High Sea Sales Agreement 51
1. Meaning 51
2. Agreement — Format-1 51
3. Agreement — Format-2 52
Chapter 8 After Sales and Service Agreement 54
1. Meaning 54
2. Agreement — Format 54
Chapter 9 Annual Computer Maintenance Agreement 59
1. Meaning 59
2. Agreement — Format 59
Chapter 10 Software Licencing Agreement 63
1. Meaning 63
2. Agreement — Format 63
Chapter 11 Local Supply Agreement 68
1. Meaning 68
2. Agreement — Format 68
Chapter 12 Asset Purchase Agreement 75
1. Meaning 75
2. Agreement — Format 75
Chapter 13 Training Agreement 83
1. Meaning 83
2. Agreement — Format 83
Chapter 14 Installation and Commissioning Agreement 86
1. Meaning 86
2. Agreement — Format 86
Chapter 15 Business Processing Outsourcing Services Agreement 97
1. Agreement — Format 97
Chapter 16 Royalty-Free License Agreement 133
1. Agreement — Format 133
Chapter 17 Freelancer Work 139
Freelancer Work 139
Chapter 18 Data Conversion Associate Policy 143
Chapter 19 Consulting Services 152
1. Consulting Services Agreement — Format-1 152
2. Consulting Services Agreement — Format-2 156
Chapter 20 Industry Academic Consulting Services 164
Chapter 21 Business Agreement with Agency/Distributors 172
Chapter 22 Agreement Between Manufacturer and Commission Agent 177
Chapter 23 Agreement Between A Company and its Branch Manager 180
Chapter 24 Agreement Between a Company and Security Service Company for Providing Security Services to The Company’s Property 182
Chapter 25 Agreement between a Company and Sole Selling Agents 185
Chapter 26 Agreement between a Firm a Broker for Agency 188
Chapter 27 Distribution Agreement – Format-I 190
Chapter 28 Distribution Agreement – Format-II 213
Chapter 29 Transporter Service Agreement 230
DIVISION B: PURCHASE AGREEMENTS
Chapter 30 Civil Works Agreement 242
  1. Meaning 242
  2. Agreement — Format 242
Chapter 31 Labour Agreement 271
  1. Meaning 271
  2. Agreement — Format 271
Chapter 32 Local Purchase Order 275
  1. Meaning
  2. Agreement — Format
Chapter 33 Service Agreement 282
  1. Meaning 282
  2. Agreement — Format 282
Chapter 34 Power Purchase Agreement – Format A 289
  1. Meaning 289
Chapter 35 Power Purchase Agreement – Format B 337
DIVISION C: LEASE AGREEMENTS
Chapter 36 Lease Agreement 414
  1. Meaning 414
  2. Agreement — Format 414
Chapter 37 Sub-lease Agreement 417
  1. Meaning 417
  2. Agreement — Format 417
Chapter 38 Lease agreement with Bank for Office Premises 422
  1. Agreement — Format 422
Chapter 39 Lease Agreement for Residential Use 428
  1. Agreement — Format 428
Chapter 40 Surrender of Lease Agreement 431
  1. Agreement — Format 431
Chapter 41 Hire Purchase Agreement 433
  1. Meaning 433
  2. Agreement — Format 433
Chapter 42 Hire of Machinery Agreement 436
  1. Agreement — Format 436
Chapter 43 Hire Purchase Car Agreement 439
  1. Agreement — Format 439
Chapter 44 Maintenance Agreement 442
  1. Meaning 442
  2. Agreement — Format 442
Chapter 45 Security Deposit Agreement 444
  1. Agreement — Format 444
Chapter 46 Consultancy Services Agreement 446
  1. Meaning 446
  2. Agreement — Format 446
Chapter 47 Partnership Agreements 449
  1. Meaning 449
  2. Agreement — Format 449
Chapter 48 Admitting Minor to the Benefits of Partnership Agreement 454
  1. Agreement — Format 454
Chapter 49 Deed of Retirement 456
  1. Agreement — Format 456
Chapter 50 Dissolution — Partner Takes Over Assets and Liabilities Agreement 458
  1. Agreement — Format 458
DIVISION E: FOREIGN COLLABORATION
Chapter 51 Agreement for Use of Trade Mark Sub-Lease Agreement 460
  1. Meaning 460
  2. Agreement — Format 460
Chapter 52 Agreement to Supply Technical Know-how 464
  1. Meaning 464
  2. Agreement — Format 464
DIVISION F: RESTRUCTURING — MERGER, ACQUISITION AND AMALGAMATION
  1. Meaning 470
Chapter 53 Non-Disclosure Agreement 471
  1. Agreement — Format 471
Chapter 54 Amalgamation Agreement 478
  1. Agreement — Format 478
Chapter 55 Slump Sale Agreement 485
  1. Agreement — Format 485
Chapter 56 Spin Off Agreement 508
  1. Agreement — Format 508
Chapter 57 Technical Collaboration Agreement 515
  1. Agreement — Format 515
Chapter 58 Purchase of Company Shares Agreement 522
  1. Agreement — Format 522
Chapter 59 Limited Liability Partnership Agreement 530
  1. Agreement — Format 530
Chapter 60 Private Equity Confidentiality Agreement 546
  1. Meaning 546
  2. Agreement — Format 546
Chapter 61 Private Equity Investment Agreement 551
  1. Meaning 551
Chapter 62 Joint Venture Agreement 578
  1. Format 1 — Normal Project 578
  2. Format 2 — Turnkey Project 578
Chapter 63 Sale of Business Undertaking as Going Concern Agreement 620
  1. Agreement — Format 620
Chapter 64 Scheme of Arrangement Agreement 627
  1. Agreement — Format
DIVISION G: BANKING/FINANCIAL AGREEMENT
Chapter 65 Loans-cum-Hypothecation Agreement 641
  1. Meaning 641
  2. Agreement — Format 641
Chapter 66 Bank Guarantee 675
  1. Meaning 675
  2. Agreement — Format 675
Chapter 67 Promissory Note Agreement 688
  1. Meaning 688
  2. Agreement — Format 688
Chapter 68 Personal Guarantee Agreement 680
  1. Agreement — Format 680
Chapter 69 Loan Agreement with Bank 684
  1. Meaning 684
  2. Agreement — Format 684
Chapter 70 Composition Deed with Creditors Agreement 699
  1. Meaning 699
  2. Agreement — Format 699
Chapter 71 Escrow Agreement 701
  1. Meaning 701
  2. Agreement — Format 701
Chapter 72 Provident Fund Trust Agreement 718
  1. Provident Fund Trust 718
  2. Agreement — Format 718
Chapter 73 Leveraged Finance/Structured Finance Agreement 758
  1. Meaning 758
  2. Agreement — Format 758
Chapter 74 Loan Agreement 888
  1. Agreement — Format 888
Chapter 75 Sell the Financial Product-Business Associates 909
Chapter 76 Deed of Corporate Guarantee 925
Chapter 77 Reverse Mortgage loan 951
DIVISION H: REAL ESTATE CONSTRUCTION & SERVICE CONTRACTS
Chapter 78 EPC Agreement 965
  1. Agreement — Format 965
Chapter 79 Agreement between a Broker and a Prospective Purchaser 1050
  1. Agreement — Format 1050
Chapter 80 Agreement between Owner and Builder for Construction of a Building 1054
  1. Agreement — Format 1054
Chapter 81 Collaboration Agreement 1059
Chapter 82 Memorandum of Understanding — IT Service 1066
  1. Agreement — Format 1066
Chapter 83 Hotel Operations Agreement 1070
  1. Agreement — Format 1070
Chapter 84 Memorandum of Understanding — Commercial Projects 1082
  1. Agreement — Format High Street Retail and Commercial Space 1082
  2. Agreement — Format Running Restaurants 1086
Chapter 85 Development Agreement between the Owner and Developer 1091
  1. Agreement — Format 1091
Chapter 86 Project Agreement for the Construction of a Bridge 1096
  1. Agreement — Format 1096
Chapter 87 Agreement for Appointment of Broker for Lease of Property 1107
  1. Agreement — Format 1107
Chapter 88 Agreement for Sale of a House 1109
  1. Agreement — Format 1109
Chapter 89 Initial Investment with Developer under Guaranteed Buy Back Scheme 1111
Chapter 90 Sale Associate Agreement 1124
Chapter 91 Appointment as Sales Organiser 1131
Chapter 92 Building Agreement between the Owners and the Contractor on Fee Plus Cost of Labour and Materials 1137
Chapter 93 Agreement for Building Owner for Supplies Plot of Land Only 1140
Chapter 94 Agreement between an Owner & An Architect for Construction of a Building 1143
Chapter 95 Appointment of Selling Agent for a District or Town 1148
DIVISION I:
DIGITAL MARKETING SERVICE CONTRACTS
Chapter 96 Digital Marketing Services 1052
Chapter 97 Search Engine Optimization and Reporting Agreement 1158
DIVISION J:
INTELLECTUAL PROPERTY RIGHTS
Chapter 98 Intellectual Property Rights 1161
Chapter 99 Agreement for Sale of Technical Know-How 1162
Chapter 100 Patent Purchase Agreement 1168
Chapter 101 Agreement of License to Publish on Royalty Basis 1173
Chapter 102 Patent License Agreement 1176
Chapter 103 Assignment of Intellectual Property Rights 1185
Chapter 104 Confidentiality and Intellectual Property 1189
Chapter 105 Intellectual Property Ownership Agreement 1197
Chapter 106 Intellectual Property Assignment Agreement 1201
DIVISION K: CORPORATE AGREEMENTS
Chapter 107 Shareholders’ Agreement 1205
Chapter 108 Agreement for Underwriting Shares of a Company 1210
Chapter 109 To Underwrite Debenture Stock 1214
Chapter 110 Listing Agreement 1216
Chapter 111 Share Purchase Agreement 1243
DIVISION L: PUBLICITY AND ADVERTISEMENT
Chapter 112 Brand Ambassador Agreement 1245
Chapter 113 Contract between an Advertising Agency and Advertiser (Commission) 1249
Chapter 114 Advertisement Agreement — Advertisement Via Moveable Assets 1255
Chapter 115 Radio Advertising 1261
DIVISION M: SOLAR ENERGY
Chapter 116 Solar Energy – Material Supply Contract 1271
Chapter 117 Solar Energy – Service Contract 1312
Chapter 118 Solar Energy – Memorandum of Understanding 1356
Chapter 119 Solar Equipment/Solar Material Purchase Cum O & M Agreement 1361

Alphabetical Index of Contents

Content Page No
Academic Consulting Services 164
Admitting Minor to the Benefits of Partnership Agreement 454
Advertisement Agreement — Advertisement Via Moveable Assets 1255
After Sales and Service Agreement 54
Agency, Agreement between a Firm, a Broker, for 188
Agency/Distributors, Business Agreement with 172
Agent (Selling) for a District or Town, Appointment of 1148
Agreement between a Broker and a Prospective Purchaser 1050
Agreement Between A Company and its Branch Manager 180
Agreement Between a Company and Security Service Company for Providing Security Services to The Company’s Property 182
Agreement between a Firm, a Broker, for Agency 188
Agreement between an Owner & An Architect for Construction of a Building 1143
Amalgamation Agreement 478
Annual Computer Maintenance Agreement 59
Appointment of Broker for Lease of Property, Agreement for 1107
Asset Purchase Agreement 75
Bank Guarantee 675
Brand Ambassador Agreement 1245
Broker and a Prospective Purchaser, Agreement between a 1050
Broker for Lease of Property, Agreement for Appointment of 1107
Building Agreement between the Owners and the Contractor on Fee Plus Cost of Labour and Materials 1137
Building Construction, Agreement between an Owner & An Architect for 1143
Building Construction, Agreement between Owner and Builder for 1054
Building Owner for Supplying Plot of Land Only, Agreement for 1140
Business Associates, Sell the Financial Product 909
Business Processing Outsourcing Services Agreement 97
Car Hire Purchase Agreement 439
Civil Works Agreement 242
Collaboration Agreement 1059
Commercial Contracts 1
Commission Agent, Agreement Between Manufacturer and 177
Composition Deed with Creditors Agreement 699
Confidentiality and Intellectual Property 1189
Consultancy Services Agreement 446
Consulting Services 152
Contract and Risk Management 33
Contract between an Advertising Agency and Advertiser (Commission) 1249
Contract, Basics of 9
Contracts — Basic Elements 17
Corporate Guarantee, Deed of 925
Data Conversion Associate Policy 143
Debenture Stock Underwriting 1214
Development Agreement between the Owner and Developer 1091
Digital Marketing Services 1052
Dissolution — Partner Takes Over Assets and Liabilities Agreement 458
Distribution Agreement – Format-I 190
Distribution Agreement – Format-II 213
Engineering, Procurement and Construction Agreement 965
Escrow Agreement 701
Finance Leveraged/Structured Finance Agreement 758
Foreign Supply Agreement 41
Freelancer Work 139
High Sea Sales Agreement 51
Hire of Machinery Agreement 436
Hire Purchase Agreement 433
Hire Purchase Car Agreement 439
Hotel Operations Agreement 1070
House, Agreement for Sale of a 1109
Hypothecation-cum-Loans Agreement 641
Initial Investment with Developer under Guaranteed Buy Back Scheme 1111
Installation and Commissioning Agreement 86
Intellectual Property Assignment Agreement 1201
Intellectual Property Ownership Agreement 1197
Intellectual Property Rights 1161
Intellectual Property Rights, Assignment of 1185
Joint Venture Agreement 578
Labour Agreement 271
Lease Agreement for Residential Use 428
Lease Agreement with Bank for Office Premises 422
Lease Agreement 414
Lease Agreement, Surrender of 431
Leveraged Finance/Structured Finance Agreement 758
Limited Liability Partnership Agreement 530
Listing Agreement 1216
Loan Agreement with Bank 684
Loan Agreement 888
Loans-cum-Hypothecation Agreement 641
Local Purchase Order 275
Local Supply Agreement 68
Machinery Hire Agreement 436
Maintenance Agreement 442
Manufacturer and Commission Agent, Agreement Between 177
Memorandum of Understanding — Commercial Projects 1082
Memorandum of Understanding — IT Service 1066
Non-Disclosure Agreement 471
Partnership Agreement, Admitting Minor to the Benefits of 454
Partnership Agreements 449
Patent License Agreement 1176
Patent Purchase Agreement 1168
Personal Guarantee Agreement 680
Power Purchase Agreement – Format A 289
Power Purchase Agreement – Format B 337
Private Equity Confidentiality Agreement 546
Private Equity Investment Agreement 551
Project Agreement for the Construction of a Bridge 1096
Promissory Note Agreement 688
Provident Fund Trust Agreement 718
Publish on Royalty Basis, Agreement of License to 1173
Purchase of Company Shares Agreement 522
Radio Advertising 1261
Retirement, Deed of 456
Reverse Mortgage loan 951
Royalty-Free License Agreement 133
Sale Associate Agreement 1124
Sale of Business Undertaking as Going Concern Agreement 620
Sales Organiser, Appointment as 1131
Scheme of Arrangement Agreement 627
Search Engine Optimization and Reporting Agreement 1158
Security Deposit Agreement 444
Security Service Company (Agreement Between a Company and) for Providing Security Services to the Company’s Property 182
Sell the Financial Product-Business Associates 909
Service Agreement 282
Share Purchase Agreement 1243
Shareholders’ Agreement 1205
Slump Sale Agreement 485
Software Licencing Agreement 63
Solar Energy – Material Supply Contract 1271
Solar Energy – Memorandum of Understanding 1356
Solar Energy – Service Contract 1312
Solar Equipment/Solar Material Purchase Cum O & M Agreement 1361
Sole Selling Agents, Agreement between a Company and 185
Spin Off Agreement 508
Sub-lease Agreement 417
Surrender of Lease Agreement 431
Technical Collaboration Agreement 515
Technical Know-How, Agreement for Sale of 1162
Technical Know-How, Agreement to Supply 464
Trade Mark Sub-Lease Agreement, Agreement for Use of 460
Training Agreement 83
Transporter Service Agreement 230
Underwrite Debenture Stock 1214
Underwriting Shares of a Company, Agreement for 1210

Additional information

Publisher

Bharat

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