Commercial Contracts
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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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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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