| Contents |
| Sections |
Particulars |
| |
Preliminary |
| 1 |
Short
title |
| 2 |
Interpretation-clause |
| Chapter I |
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 and implied |
| Chapter II |
Contracts, Voidable 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
consideration and objects are lawful, and what not |
| 24 |
Agreements void, if considerations and objects unlawful in part |
| 25 |
Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate 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 |
Agreements void for uncertainty |
| 30 |
Agreements by way of wager, void |
| Chapter III |
Contingent Contracts |
| 31 |
"Contingent contract" defined |
| 32 |
Enforcement of contracts contingent on an event happening |
| 33 |
Enforcement of contract 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 |
Performance of
Contracts which must be Performed |
| 37 |
Obligations 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 the 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 the promise which should be 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 |
Alterative promise, one branch 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 where neither party appropriates |
| 62 |
Effect of novation, rescission, and alteration of contract |
| 63 |
Promise may dispense with or remit performance of promise |
| 64 |
Consequence of rescission of a voidable contract |
| 65 |
Obligation of person who has received advantage under void agreement, or contract that becomes void |
| 66 |
Mode
of communicating or revoking rescission of voidable contract |
| 67 |
Effect of neglect of promisee to afford promisor reasonable facilities for performance |
| Chapter V |
Certain Relations Resembling those created by Contract |
| 68 |
Claim for necessaries supplied to person incapable of contracting, or on his account |
| 69 |
Reimbursement of person paying money due by another, in payment of which he is interested |
| 70 |
Obligation of person enjoying benefit of non-gratuitous 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 |
The Consequences of Breach of Contract |
| 73 |
Compensation of 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 |
Sections 76-123 |
| Chapter VIII |
Indemnity and Guarantee |
| 124 |
"Contract of indemnity" defined |
| 125 |
Right 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 on other's default |
| 133 |
Discharge of surety by variance in terms of contract |
| 134 |
Discharge of surety by release or discharge of principal debtor |
| 135 |
Discharge of surety when creditor 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 obtained by misrepresentation, invalid |
| 143 |
Guarantee obtained by concealment, invalid |
| 144 |
Guarantee on contract that creditor shall not act on it until co-surety 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 |
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 lent gratuitously |
| 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 gratuitous bailment by death |
| 163 |
Bailer 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 redelivery to bailor without title |
| 167 |
Right of third person claiming goods bailed |
| 168 |
Right of finder of goods may sue for specified reward offered |
| 169 |
When finder of thing commonly on sale may sell it |
| 170 |
Bailee's particular lien |
| 171 |
General lien of bankers, factors, wharfingers, attorneys and policy brokers |
| 172 |
"Pledge", "pawnor", 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 as 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 |
| 180 |
Suit by bailor or bailee against wrong-doer |
| 181 |
Appointment of relief or compensation obtained by such suits |
| Chapter X |
Agency Appointment and Authority of agents |
| 182 |
"Agent" and "principal" defined or to represent another |
| 183 |
Who
may employ agent |
| 184 |
Who
may be an agent |
| 185 |
Consideration not necessary |
| 186 |
Agent's authority may be express 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 a 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 agency 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 injury caused by principal's neglect |
| 226 |
Enforcement and consequences of agent's contract |
| 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 |
Right 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 unauthorized acts were authorized |
| 238 |
Effect, on agreement, of misrepresentation or fraud by agent |
| Chapter XI |
Of Partnership [ Repealed by the Indian Partnership Act, 1932 (9 of 1932)] |
| Schedule |
Enactments [Repealed by the Repealing and Amending Act, 1914 (10 of 1914)] |
| |
Foot Notes |
