CONTRACT ACT, 1872

CONTRACT ACT, 1872

Preliminary .

S.1 Short title

S.2 Interpretation-clause

S.3 Communication, acceptance and revocation of proposals

S.4 Communication when complete

S.5 Revocation of proposals and acceptances

S.6 Revocation how made

S.7 Acceptance must be absolute

S.8 Acceptance by performing conditions, or receiving consideration

S.9 Promises, express and implied

S.10 What agreements are contracts

S.11 Who are competent to contract

S.12 What is a sound mind for the purposes of contracting

S.13 "Consent" defined

S.14 "Free consent" defined

S.15 "Coercion" defined

S.16 "Undue influence" defined

S.17 "Fraud" defined

S.18 "Misrepresentation" defined

S.19 Voidability of agreements without free consent

S.19(a) Power to set aside contract induced by undue influence

S.20 Agreement void where both parties are under mistake as to matter of fact

S.21 Effect of mistakes as to law

S.22 Contract caused by mistake of one party as to matter of fact

S.23 What considerations and objects are lawful, and what not

S.24 Agreement void, if considerations and objects unlawful in part.

S.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.

S.26 Agreement in restraint of marriage, void.

S.27 Agreement in restraint of trade, void

S.28 Agreements in restraint of legal proceedings, void.

S.29 Agreements void for uncertainty

S.30 Agreements by way of wager void

S.31 "Contingent contract" defined

S.32 Enforcement of contracts contingent on an event happening

S.33 Enforcement of contracts contingent on an event not happening

S.34 When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

S.35 When contracts become void which are contingent on happening of specified event within fixed time

S.36 Agreement contingent on impossible events void

S.37 Obligation of parties to contracts

S.38 Effect of refusal to accept offer of performance

S.39 Effect of refusal of party to perform promise wholly

S.40 Person by whom promise is to be performed

S.41 Effect of accepting performance from third person

S.42 Devolution of joint liabilities

S.43 Any one of joint promisors may be compelled to perform

S.44 Effect of release of one joint promisor

S.45 Devolution of joint rights

S.46 Time for performance of promise, when no application is to be made and no time is specified

S.47 Time and place for performance of promise, where time is specified and no application to be made.

S.48 Application for performance on certain day to be at proper time and place

S.49 Place for performance of promise, where no application to be made and no place fixed for performance

S.50 Performance in manner or at time prescribed or sanctioned by promisee

S.51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform

S.52 Order of performance of reciprocal promises

S.53 Liability of party preventing event on which the contract is to take effect

S.54 Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises

S.55 Effect of failure to perform at fixed time, in contract in which time is essential

S.56 Agreement to do impossible act.

S.57 Reciprocal promise to do things legal, and also other things illegal

S.58 Alternative promise, one branch being illegal

S.59 Application of payment where debt to be discharged is indicated

S.60 Application of payment where debt to be discharged is not indicated

S.61 Application of payment where neither party appropriates

S.62 Effect of novation, rescission, and alteration of contract

S.63 Promise may dispense with or remit performance of promisee

S.64 Consequences of rescission of voidable contract

S.65 Obligation of person who has received advantage under void agreement, or contract that becomes void

S.66 Mode of communicating or revoking rescission of voidable contract

S.67 Effect of neglect of promisee to afford promisor reasonable facilities for performance

S.68 Claim for necessaries supplied to person incapable of contracting, or on his account.

S.69 Reimbursement of person paying money due by another, in payment of which he is interested.

S.70 Obligation of person enjoying benefit of non-gratuitous act

S.71 Responsibility of finder of goods

S.72 Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

S.73 Compensation for loss or damage caused by breach of contract

S.74 Compensation for breach of contract where penalty stipulated for

S.75 Party rightfully rescinding contract, entitled to compensation

S.124 "Contract of indemnity" defined

S.125 Rights of indemnity-holder when sued

S.126 "Contract of guarantee", "surety", "principal debtor" and "creditor"

S.127 Consideration for guarantee

S.128 Surety's liability

S.129 "Continuing guarantee"

S.130 Revocation of continuing guarantee

S.131 Revocation of continuing guarantee by surety's death

S.132 Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default

S.133 Discharge of surety by variance in terms of contract

S.134 Discharge of surety by release or discharge of principal debtor

S.135 Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor

S.136 Surety not discharged when agreement made with third person to give time to principal debtor

S.137 Creditor's forbearance to sue does not discharge surety

S.138 Release of one co-surety does not discharge others

S.139 Discharge of surety by creditor's act or omission impairing surety's eventual remedy

S.140 Rights of surety on payment or performance

S.141 Surety's right to benefit of creditor's securities

S.142 Guarantee obtained by misrepresentation invalid

S.143 Guarantee obtained by concealment invalid

S.144 Guarantee on contract that creditor shall not act on it until co-surety joins

S.145 Implied promise to indemnify surety

S.146 Co-sureties liable to contribute equally

S.147 Liability of co-sureties bound in different sums

S.148 "Bailment" "bailor" and "bailee" defined

S.149 Delivery to bailee how made

S.150 Bailor's duty to disclose faults in goods bailed

S.151 Care to be taken by bailee

S.152 Bailee when not liable for loss, etc., of thing bailed

S.153 Termination of bailment by bailee's act inconsistent with conditions

S.154 Liability of bailee making unauthorized use of goods bailed

S.155 Effect of mixture, with bailor's consent, of his goods with bailee's

S.156 Effect of mixture, without bailor's consent, when the goods can be separated

S.157 Effect of mixture, without bailor's consent, when the goods cannot be separated

S.158 Repayment, by bailor, of necessary expenses

S.159 Restoration of goods lent gratuitously

S.160 Return of goods bailed, on expiration of time or accomplishment of purpose

S.161 Bailee's responsibility when goods are not duly returned

S.162 Termination of gratuitous bailment by death

S.163 Bailor entitled to increase or profit from goods bailed

S.164 Bailor's responsibility to bailee

S.165 Bailment by several joint owners

S.166 Bailee not responsible on re-delivery to bailor without title

S.167 Right of third person claiming goods bailed

S.168 Right of finder of goods, may sue for specific reward offered

S.169 When finder of thing commonly on sale may sell it

S.170 Bailee's particular lien

S.171 General lien of bankers, factors, wharfingers, attorneys and policy-brokers

S.172 "Pledge" "pawnor", and "pawnee" defined

S.173 Pawnee's right of retainer

S.174 Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances

S.175 Pawnee's right as to extraordinary expenses incurred

S.176 Pawnee's right where pawnor makes default

S.177 Defaulting pawner's right to redeem

S.178 Pledge by mercantile agent

S.178(a) Pledge by person in possession under voidable contract

S.179 Pledge where pawnor has only a limited interest

S.180 Suit by bailor or bailee against wrong-doer

S.181 Apportionment of relief or compensation obtained by such suits

S.182 "Agent" and "principal" defined

S.183 Who may employ agent

S.184 Who may be an agent

S.185 Consideration not necessary

S.186 Agent's authority may be expressed or implied

S.187 Definitions of express and implied authority

S.188 Extent of agent's authority

S.189 Agent's authority in an emergency

S.190 When agent cannot delegate

S.191 "Sub-agent" defined

S.192 Representation of principal by sub-agent properly appointed

S.193 Agent's responsibility for sub-agent appointed without authority

S.194 Relation between principal and person duly appointed by agent to act in business of agency

S.195 Agent's duty in naming such person

S.196 Right of person as to acts done for him without his authority. Effect of ratification

S.197 Ratification may be expressed or implied

S.198 Knowledge requisite for valid ratification

S.199 Effect of ratifying unauthorized act forming part of a transaction

S.200 Ratification of unauthorized act cannot injure third person

S.201 Termination of agency

S.202 Termination of agency where agent has an interest in subject-matter

S.203 When principal may revoke agent's authority

S.204 Revocation where authority has been partly exercised

S.205 Compensation for revocation by principal, or renunciation by agent

S.206 Notice of revocation or renunciation

S.207 Revocation and renunciation may be expressed or implied

S.208 When termination of agent's authority takes effect as to agent, and as to third persons

S.209 Agent's duty on termination of agency by principal's death or insanity

S.210 Termination of sub-agent's authority

S.211 Agent's duty in conducting principal's business

S.212 Skill and diligence required from agent

S.213 Agent's accounts

S.214 Agent's duty to communicate with principal

S.215 Right of principal when agent deals, on his own account, in business of agency without principal's consent

S.216 Principal's right to benefit gained by agent dealing on his own account in business of agency

S.217 Agent's right of retainer out of sums received on principal's account

S.218 Agent's duty to pay sums received for principal

S.219 When agent's remuneration becomes due

S.220 Agent not entitled to remuneration for business misconducted

S.221 Agent's lien on principal's property

S.222 Agent to be indemnified against consequences of lawful acts

S.223 Agent to be indemnified against consequences of acts done in good faith

S.224 Non-liability of employer of agent to do a criminal act

S.225 Compensation to agent for injury caused by principal's neglect

S.226 Enforcement and consequences of agent's contracts

S.227 Principal how far bound, when agent exceeds authority

S.228 Principal not bound when excess of agent's authority is not separable

S.229 Consequences of notice given to agent

S.230 Agent cannot personally enforce, nor be bound by, contracts on behalf of principal

S.231 Rights of parties to a contract made by agent not disclosed

S.232 Performance of contract with agent supposed to be principal

S.233 Right of person dealing with agent personally liable

S.234 Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable

S.235 Liability of pretended agent

S.236 Person falsely contracting as agent not entitled to performance

S.237 Liability of principal inducing belief that agent's unauthorized acts were authorized

S.238 Effect, on agreement, of misrepresentation of fraud, by agent

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