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

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