The Indian Contract Act, 1872

The Indian Contract Act, 1872

 

CONTENTS

Sections

Particulars

    
  Preliminary
1 Short title
2 Interpretation clause
   

Chapter I

Of the communication, acceptance and revocation of proposals

3

Communication, acceptance and revocation of proposals

4

Communication when complete
5 Revocation of proposals and acceptances
6 Revocation how made
7 Acceptance must be absolute
8 Acceptance by performing conditions, or receiving consideration
9 Promises, express or implied

 

 

Chapter II

Of contracts, violable contracts and void agreements

10

What agreements are contracts

11

Who are competent to contract

12

What is a sound mind for the purposes of contracting

13

“Consent” defined

14

“Free consent” defined

15

“Coercion” defined

16

“Undue influence” defined

17

“Fraud” defined

18

“Misrepresentation” defined

19

Voidability of agreements without free consent

19A

Power to set aside contract induced by undue influence

20

Agreement void where both parties are under mistake as to matter of fact

21

Effect of mistakes as to law

22

Contract caused by mistake of one party as to matter of fact

23

What considerations and objects are lawful, and what not

24

Agreements void, if consideration and objects unlawful in part

25

Agreement without consideration void, unless it is in writing and registered, or is a promise to compensation for something done, or is a promise to pay a debt barred by limitation law

26

Agreement in restraint of marriage void
27 Agreement in restraint of trade void
28 Agreements in restraint of legal proceedings void
29 Agreement void for uncertainty
30 Agreements by way of wager, void
   

Chapter III

Of contingent contracts

31

“Contingent contract” defined

32

Enforcement of contracts contingent on an event happening

33

Enforcement of contracts contingent on an event not happening

34

When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

35

When contracts become void, which are contingent on happening of specified event within fixed time

36

Agreements contingent on impossible events, void
   

Chapter IV

Of the performance of contracts Contracts which must be performed

37

Obligation of parties to contracts

38

Effect of refusal to accept offer of performance

39

Effect of refusal of party to perform promise wholly

40

Person by whom promise is to be performed

41

Effect of accepting performance from third person

42

Devolution of joint liabilities
43 Any one of joint promisors may be compelled to perform
44 Effect of release of one joint promisor
45 Devolution of joint rights
46 Time for performance of promise, where no application is to be made and no time is specified
47 Time and place for performance of promise, where time is specified and no application to be made
48 Application for performance on certain day to be at proper time and place
49 Place for performance of promise, where no application to be made and no place fixed for performance
50 Performance in manner or at time prescribed or sanctioned by promisee
51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
52 Order of performance of reciprocal promises
53 Liability of party preventing event on which contract is to take effect
54 Effect of default as to taht promise which should be first performed, in contract consisting of reciprocal promises
55 Effect of failure to perform at fixed time, in contract in which time is essential
56 Agreement to do impossible act
57 Reciprocal promise to do things legal and also other things illegal
58 Alternative promise, one brach being illegal
59 Application of payment where debt to be discharged is indicated
60 Application of payment where debt to be discharged is not indicated
61 Application of payment neither party appropriates
62 Effect of novation, rescission and alteration of contract
63 Promisee may dispense with or remit performance of promise
64 Consequences of rescission of voidable contract
65 Obligation of person who has received advantage under void agreement, or contract that becomes void
66 Mode of communicating or revoking recission of voidable contract
67 Effect of neglect of promisee to afford promisor reasonable facilities for performance
   

Chapter V

Of certain relations resembling those created by contract

68

Claim for necessaries supplied to person incapable of contracting, or on his account

69

Reimburesement of person paying money due by another, in payment of which he is interested

70

Obligation of person enjoying benefit of non-grauitous act

71

Responsibility of finder of goods

72

Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
   

Chapter VI

Of the consequences of breach of contract

73

Compensation for loss or damage caused by breach of contract

74

Compensation for breach of contract where penalty stipulated for

75

Party rightfully rescinding contract entitled to compensation
   

Chapter VII

Sale of goods
76 to 123 Repealed
   
Chapter VIII Of indemnity and guarantee

124

“Contract of indemnity” defined

125

Rights of indemnity-holder when sued

126

“Contract of guarantee”, “surety”, principal debtor” and “Creditor”

127

Consideration for guarantee

128

Surety’s liability

129

“Continuing guarantee”

130

Revocation of continuing guarantee

131

Revocation of continuing guarantee by surety’s death

132

Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety in other’s default

133

Discharge of surety by variance in terms of contract

134

Discharge of surety by release of discharge of principal debtor

135

Discharge of surety shen cerditor compounds with, gives time to, or agrees not to sue principal debtor

136

Surety not discharged when agreement made with third person to give time to principal debtor

137

Creditor’s forbearance to sue does not discharge surety

138

Release of one co-surety does not discharge others

139

Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy

140

Rights of surety on payment or performance
141 Surety’s right to benefit of creditor’s securities
142 Guarantee obtaiend by misrepresentation, invalid
143 Guarantee obtained by concealment, invalid
144 Guarantee on contract that creditor shall not act on it until co-sureties joins
145 Implied promise to indemnify surety
146 Co-sureties liable to contribute equally
147 Liability of co-sureties bound in different sums
   
Chapter IX Of bailment
148 “Bailment”, “bailor” and “bailee” defined
149 Delivery to bailee how made
150 Bailor’s duty to disclose faults in goods bailed
151 Care to be taken by bailee

152

Bailee when not liable for loss, etc. of thing bailed

153

Termination of bailment by bailee’s act inconsistent with conditions

154

Liability of bailee making unauthorized use of goods bailed

155

Effect of mixture, with bailor’s consent, of his goods with bailee’s

156

Effect of mixture, without bailor’s consent when the goods can be separated

157

Effect of mixture, without bailor’s consent, when the goods cannot be separated

158

Repayment, by bailor, of necessary expenses

159

Restoration of goods bailed, on expiration of time or accomplishment of purpose

160

Return of goods bailed, on expiration of time or accomplishment of purpose

161

Bailee’s responsibility when goods are not duly returned

162

Termination of gratuitours bailment by death

163

Bailor entitled to increase or profit from goods bailed

164

Bailor’s responsibility to bailee

165

Bailment by several joint owners

166

Bailee not responsible on re-delivery to bailor without title

167

Right of third person claiming goods bailed

168

Right of finder of goods may sue for specific reward offered

169

When Finder of thing commonly on sale may sell it

170

Bailee’s particular lien

171

General lien of bankers, factors, w
harfingers, attorneys, and policy brokers

172

“Pledge”, “pownor” and “pawnee” defined

173

Pawnee’s right of retainer

174

Pawnee not to retain for debt or promise other than that for which goods pledged: Presumption in case of subsequent advances

175

Pawnee’s right to extraordinary expenses incurred

176

Pawnee’s right where pawnor makes default

177

Defaulting pawnor’s right to redeem

178

Pledge by mercantile agent

178A

Pledge by person in possession under voidable contract

179

Pledge where pawnor has only a limited interest suits by bailors against wrong-doers

180

Suit by bailor or bailee against wrong-doer

181

Apportionment of relief or compensation obtained by such suits

   
Chapter X Agency, Appointment and authority of agents
182 “Agent” and “Principal” defined
183 Who may employ agent
184 Who may be an agent
185 Consideration not necessary
186 Agent’s authority may be expressed or implied
187 Definitions of express and implied authority
188 Extent of agent’s authority
189 Agent’s authority in an emergency
190 When agent cannot delegate
191 “Sub-agent” defined
192 Representation of principal by sub-agent properly appointed
193 Agent’s responsibility for sub-agent appointed without authority
194 Relation between principal and person duly appointed by agent to act in business of agency
195 Agent’s duty in naming such person
196 Right of person as to acts done for him without his authority: effect of ratification
197 Ratification may be expressed or implied
198 Knowledge requisite for valid ratification
199 Effect of ratifying unauthorized act forming part of transaction
200 Ratification of unauthorized act cannot injure third person
201 Termination of agency
202 Termination of agency, where agent has an interest in subject-matter
203 When principal may revoke agent’s authority
204 Revocation where authority has been partly exercised
205 Compensation for revocation by principal, or renunciation by agent
206 Notice of revocation or renunciation
207 Revocation and renunciation may be expressed or implied
208 When termination of agent’s authority takes effect as to agent, and as to third persons
209 Agent’s duty on termination of agency by principal’s death or insanity
210 Termination of sub-agent’s authority
211 Agent’s duty in conducting principal’s business
212 Skill and diligence required from agent
213 Agent’s accounts
214 Agent’s duty to communicate with principal
215 Right of principal when agent deals, on his own account, in business of agenc
y without principal’s consent
216 Principal’s right to benefit gained by agent dealing on his own account in business of agency
217 Agent’s right of retainer out of sums received on principal’s account
218 Agent’s duty to pay sums received for principal
219 When agent’s remuneration becomes due
220 Agent not entitled to remuneration for business misconducted
221 Agent’s lien on principal’s property
222 Agent to be indemnified against consequences of lawful acts
223 Agent to be indemnified against consequences of acts done in good faith
224 Non-liability of employer of agent to do a criminal act
225 Compensation to agent for for injury caused by principal’s neglect
226 Enforcement and consequences of agent’s contracts
227 Principal how far bound, when agent exceeds authority
228 Principal not bound when excess of agent’s authority is not separable
229 Consequences of notice given to agent
230 Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
231 Rights of parties to a contract made by agent not disclosed
232 Performance of contract with agent supposed to be principal
233 Right of person dealing with agent personally liable
234 Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
235 Liability of pretended agent
236 Person falsely contracting as agent, not entitled to performance
237 Liability of principal inducing belief that agent’s unauthorised acts were authorised
238 Effect, on agreement, of misrep
resentation or fraud by agent
   
Chapter XI Of partnership
239 to 266 Repealed
   
Schedule Repealed

 

 

Indian Laws – Bare Acts

 

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