(Updated in 2023) (As Amended by Mediation Act, 2023 (Act 32 of 2023) dt 15/09/2023 - Amendments in Section 28 Act 34 of 2019) (9 of 1872) [25th April, 1872] Preamble - Whereas it is expedient to define and amend certain parts of the law relating to contracts; It is hereby enacted as follows:-

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S.Performance of reciprocal promises

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.17 Fraud defined.--

S.18 "Misrepresentation" defined.--

S.19 Voidability of agreements without free consent.--

S.19A 6[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.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 Agreements contingent on impossible events, void.--

S.Contracts which must be performed

S.By whom contracts must be performed

S.Time and place for performance

S.Appropriation of payments

S.Contracts which need not be performed

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.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.When Property in Goods Sold Passes

S.Delivery

S.Sellers Lien

S.Stoppage in Transit

S.Resale

S.Title

S.Warranty

S.Miscellaneous

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 Suretys liability.--

S.129 Continuing guarantee.--

S.130 Revocation of continuing guarantee.--

S.131 Revocation of continuing guarantee by suretys death.--

S.132 Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety in 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 Creditors forbearance to sue does not discharge surety.--

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

S.139 Discharge of surety by creditors act or omission impairing suretys eventual remedy.--

S.140 Rights of surety on payment or performance.--

S.141 Suretys right to benefit of creditors 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 Bailors 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 bailees act inconsistent with conditions.--

S.154 Liability of bailee making unauthorised use of goods bailed.--

S.155 Effect of mixture, with bailors consent, of his goods with bailees.--

S.156 Effect of mixture, without bailors consent, when the goods can be separated.--

S.157 Effect of mixture, without bailors 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 Bailees 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 Bailors 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 Bailees particular lien.--

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

S.Bailments of pledges

S.Suits by bailees or bailors against wrong-doers

S.Appointment and authority of agents

S.Sub-agents

S.Ratification

S.Revocation of authority

S.Agents duty to principal

S.Principals duty to agent

S.239 Partnership defined.--

S.240 Lender not a partner by advancing money for share of profits.--

S.241 Property left in business by retiring partner, or deceased partners representative.--

S.242 Servant or agent remunerated by share of profits, not a partner.--

S.243 Widow or child of deceased partner receiving annuity out of profits, not a partner.--

S.244 Person receiving portion of profits for sale of good-will, not a partner.--

S.245 Responsibility of person leading another to believe him a partner.--

S.246 Liability of person permitting himself to be represented as a partner.--

S.247 Minor partner not personally liable, but his share is.--

S.248 Liability of minor partner on attaining majority.--

S.249 Partners liability for debts of partnership.--

S.250 Partners liability to third person for neglect or fraud of co-partner.--

S.251 Partners power to bind co-partners.--

S.252 Annulment of contract defining partners rights and obligations.--

S.253 Rules determining partners mutual relations, where no contract to contrary.--

S.254 When Court may dissolve partnership.--

S.255 Dissolution of partnership by prohibition of business.--

S.256 Rights and obligations of partners in partnership continued after expiry of term for which it was entered into.--

S.257 General duties of partners.--

S.258 Account, to firm, of benefit derived from transaction affecting partnership.--

S.259 Obligations, to firm, of partner carrying on competing business.--

S.260 Revocation of continuing guarantee by change in firm.--

S.261 Non-liability of deceased partners estate for subsequent obligations.--

S.262 Payment of partnership-debts, and of separate debts.--

S.263 Continuance of partners rights and obligations after dissolution.--

S.264 Notice of dissolution.--

S.265 Right of partners to apply for winding-up by court after termination of partnership.--

S.266 Limited-liability partnerships, incorporated partnerships, and joint-stock companies.--

S.1 Enactment Repealed

S.Mediation Act, 2023 All Amendments incorporated at appropriate place

S.Void Agreements

S.16 4[Undue influence defined.--

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

S.2 Interpretation clause.--

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

S.Effect of agency on contracts with third persons