VidhiSangh

Bare Act · 239 sections

Indian Contract Act, 1872 (Contract Act)

Sections

  1. 1. Short title
  2. 2. Interpretation-clause

Chapter I — Of the Communication, Acceptance and Revocation of Proposals

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

Chapter II — Of Contracts, Voidable Contracts and Void Agreements

  1. 10. What agreements are contracts
  2. 11. Who are competent to contract
  3. 12. What is a sound mind for the purposes of contracting
  4. 13. “Consent” defined
  5. 14. “Free consent” defined
  6. 15. “Coercion” defined
  7. 16. “Undue influence” defined
  8. 17. “Fraud” defined
  9. 18. “Misrepresentation” defined
  10. 19. Voidability of agreements without free consent
  11. 19A. Power to set aside contract induced by undue influence
  12. 20. Agreement void where both parties are under mistake as to matter of fact
  13. 21. Effect of mistakes as to law
  14. 22. Contract caused by mistake of one party as to matter of fact
  15. 23. What considerations and objects are lawful, and what not
  16. 24. Agreements void, if considerations and objects unlawful in part
  17. 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
  18. 26. Agreement in restraint of marriage, void
  19. 27. Agreement in restraint of trade, void
  20. 28. Agreements in restraint of legal proceedings, void
  21. 29. Agreements void for uncertainty
  22. 30. Agreements by way of wager void

Chapter III — Of Contingent Contracts

  1. 31. “Contingent contract” defined
  2. 32. Enforcement of contracts contingent on an event happening
  3. 33. Enforcement of contracts contingent on an event not happening
  4. 34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
  5. 35. When contracts become void which are contingent on happening of specified event within fixed time
  6. 36. Agreement contingent on impossible events void

Chapter IV — Of the Performance of Contracts

  1. 37. Obligation of parties to contracts
  2. 38. Effect of refusal to accept offer of performance
  3. 39. Effect of refusal of party to perform promise wholly
  4. 40. Person by whom promise is to be performed
  5. 41. Effect of accepting performance from third person
  6. 42. Devolution of joint liabilities
  7. 43. Any one of joint promisors may be compelled to perform
  8. 44. Effect of release of one joint promisor
  9. 45. Devolution of joint rights
  10. 46. Time for performance of promise, when no application is to be made and no time is specified
  11. 47. Time and place for performance of promise, where time is specified and no application to be made
  12. 48. Application for performance on certain day to be at proper time and place
  13. 49. Place for performance of promise, where no application to be made and no place fixed for performance
  14. 50. Performance in manner or at time prescribed or sanctioned by promisee
  15. 51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
  16. 52. Order of performance of reciprocal promises
  17. 53. Liability of party preventing event on which the contract is to take effect
  18. 54. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
  19. 55. Effect of failure to perform at fixed time, in contract in which time is essential
  20. 56. Agreement to do impossible act
  21. 57. Reciprocal promise to do things legal, and also other things illegal
  22. 58. Alternative promise, one branch being illegal
  23. 59. Application of payment where debt to be discharged is indicated
  24. 60. Application of payment where debt to be discharged is not indicated
  25. 61. Application of payment where neither party appropriates
  26. 62. Effect of novation, rescission, and alteration of contract
  27. 63. Promisee may dispense with or remit performance of promisee
  28. 64. Consequences of rescission of voidable contract
  29. 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
  30. 66. Mode of communicating or revoking rescission of voidable contract
  31. 67. Effect of neglect of promisee to afford promisor reasonable facilities for performance

Chapter V — Of Certain Relations Resembling Those Created by Contract

  1. 68. Claim for necessaries supplied to person incapable of contracting, or on his account
  2. 69. Reimbursement of person paying money due by another, in payment of which he is interested
  3. 70. Obligation of person enjoying benefit of non-gratuitous act
  4. 71. Responsibility of finder of goods
  5. 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

  1. 73. Compensation for loss or damage caused by breach of contract
  2. 74. Compensation for breach of contract where penalty stipulated for
  3. 75. Party rightfully rescinding contract, entitled to compensation

Chapter VII.—SALES — Of Goods.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), S. 65.

  1. 76. ‘Goods’ of defined.] Rep. by s. 65,ibid
  2. 77. ‘Sale defined.] Rep. by s. 65,ibid
  3. 78. Sale how effected.] Rep. by s. 65,ibid
  4. 79. Transferofownershipofthingsold,whichhasyettobeascertained,madeorfinished.]Rep.bys. 65, ibid
  5. 82. Completion of sale, when goods are uncertained at date of contract.] Rep. by s. 65,ibid
  6. 83. Ascertainment of goods by subsequent appropriation.] Rep. by s. 65,ibid
  7. 84. Ascertainment of goods by seller’s selection.] Rep. by s. 65,ibid
  8. 86. Buyer to bear loss after good have become his property.] Rep. by s. 65,ibid
  9. 87. Transfer of ownership of goods agreed to be sold while non existent.] Rep. by s. 65,ibid
  10. 89. Determination of price not fixed by contract.] Rep. by s. 65,ibid
  11. 90. Delivery how made.] Rep. by s. 65,ibid
  12. 91. Effect of delivery to wharfinger or carrier.] Rep. by s. 65,ibid
  13. 92. Effect of part-delivery.] Rep. by s. 65,ibid
  14. 93. Seller not bound to deliver until buyer applies for delivery.] Rep. by s. 65,ibid
  15. 94. Place of delivery.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65
  16. 95. Seller’s lien.]Rep. by s. 65,ibid
  17. 98. Seller’s lien against subsequent buyer.] Rep. by s. 65,ibid
  18. 99. Power of seller to stop in transit.] Rep. by s. 65,ibid
  19. 100. When goods are to be deemed in transit.] Rep. by s. 65,ibid
  20. 101. Continuance of right of stoppage.] Rep. by s. 65,ibid
  21. 102. Cessation of right on assignment, by buyer, of document showing title.] Rep. by s. 65,ibid
  22. 103. How seller may stop where instrument of title assigned to secure specific advance.] Rep. by s
  23. 104. Stoppage how effected.] Rep. by s. 65,ibid
  24. 105. Notice of seller’s claim.] Rep. by s. 65, ibid
  25. 106. Right of seller on stoppage.] Rep. by s. 65,ibid
  26. 107. Resale on buyer’s failure to perform.] Rep. by s. 65,ibid
  27. 108. Title conveyed by seller of goods to buyer.] Rep. by s. 65,ibid
  28. 109. Seller’s responsibility for badness of title.] Rep. by s. 65,ibid
  29. 110. Establishment of implied warranty of goodness or quality.] Rep. by s. 65,ibid
  30. 111. Warranty of soundness implied on sale of provisions.] Rep. by s. 65,ibid
  31. 112. Warranty of bulk implied on sale of goods by sample.] Rep. by s. 65,ibid
  32. 113. Warranty implied where goods are sold as being of a certain denomination.] Rep. by s. 65,ibid
  33. 114. Warranty where goods ordered for a specified purpose.] Rep. by s. 65,ibid
  34. 115. Warranty on sale of article of well known ascertained kind.] Rep. by s. 65,ibid
  35. 116. Seller when not responsible for latent defects.] Rep. by s. 65,ibid
  36. 117. Buyer’s right on breach of warranty.] Rep. by s. 65,ibid
  37. 118. Right of buyer on breach of warranty in respect of goods not ascertained.] Rep. by s. 65,ibid
  38. 120. Effect of wrongful refusal to accept.] Rep. by s. 65,ibid
  39. 122. Sale and transfer of lots sold by auction.] Rep. by s. 65,ibid
  40. 123. Effect of use, by seller, of pretended biddings to raise price.] Rep. by s. 65,ibid

Chapter VIII — Of Indemnity and Guarantee

  1. 124. “Contract of indemnity” defined
  2. 125. Rights of indemnity-holder when sued
  3. 126. “Contract of guarantee”, “surety”, “principal debtor” and “creditor”
  4. 127. Consideration for guarantee
  5. 128. Surety’s liability
  6. 129. “Continuing guarantee”
  7. 130. Revocation of continuing guarantee
  8. 131. Revocation of continuing guarantee by surety’s death
  9. 132. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other’s default
  10. 133. Discharge of surety by variance in terms of contract
  11. 134. Discharge of surety by release or discharge of principal debtor
  12. 135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
  13. 136. Surety not discharged when agreement made with third person to give time to principal debtor
  14. 137. Creditor’s forbearance to sue does not discharge surety
  15. 138. Release of one co-surety does not discharge others
  16. 139. Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy
  17. 140. Rights of surety on payment or performance
  18. 141. Surety’s right to benefit of creditor’s securities
  19. 142. Guarantee obtained by misrepresentation invalid
  20. 143. Guarantee obtained by concealment invalid
  21. 144. Guarantee on contract that creditor shall not act on it until co-surety joins
  22. 145. Implied promise to indemnify surety
  23. 146. Co-sureties liable to contribute equally
  24. 147. Liability of co-sureties bound in different sums

Chapter IX — Of Bailment

  1. 148. “Bailment”“bailor” and “bailee” defined
  2. 149. Delivery to bailee how made
  3. 150. Bailor’s duty to disclose faults in goods bailed
  4. 151. Care to be taken by bailee
  5. 152. Bailee when not liable for loss, etc., of thing bailed
  6. 153. Termination of bailment by bailee’s act inconsistent with conditions
  7. 154. Liability of bailee making unauthorized use of goods bailed
  8. 155. Effect of mixture, with bailor’s consent, of his goods with bailee’s
  9. 156. Effect of mixture without bailor’s consent, when the goods can be separated
  10. 157. Effect of mixture, without bailor’s consent, when the goods cannot be separated
  11. 158. Repayment, by bailor, of necessary expenses
  12. 159. Restoration of goods lent gratuitously
  13. 160. Return of goods bailed, on expiration of time or accomplishment of purpose
  14. 161. Bailee’s responsibility when goods are not duly returned
  15. 162. Termination of gratuitous bailment by death
  16. 163. Bailor entitled to increase or profit from goods bailed
  17. 164. Bailor’s responsibility to bailee
  18. 165. Bailment by several joint owners
  19. 166. Bailee not responsible on re-delivery to bailor without title
  20. 167. Right of third person claiming goods bailed
  21. 168. Right of finder of goods, may sue for specific reward offered
  22. 169. When finder of thing commonly on sale may sell it
  23. 170. Bailee’s particular lien
  24. 171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers
  25. 172. “Pledge”“pawnor”,and “pawnee” defined
  26. 173. Pawnee’s right of retainer
  27. 174. Pawnee not to retain for debt or promise other than that for which goods pledged
  28. 175. Pawnee’s right as to extraordinary expenses incurred
  29. 176. Pawnee’s right where pawnor makes default
  30. 177. Defaulting pawner’s right to redeem
  31. 178. Pledge by mercantile agent
  32. 178A. Pledge by person in possession under voidable contract
  33. 179. Pledge where pawnor has only a limited interest
  34. 180. Suit by bailor or bailee against wrong-doer
  35. 181. Apportionment of relief or compensation obtained by such suits

Chapter X — Agency

  1. 182. “Agent” and “principal” defined
  2. 183. Who may employ agent
  3. 184. Who may be an agent
  4. 185. Consideration not necessary
  5. 186. Agent’s authority may be expressed or implied
  6. 187. Definitions of express and implied authority
  7. 188. Extent of agent’s authority
  8. 189. Agent’s authority in an emergency
  9. 190. When agent cannot delegate
  10. 191. “Sub-agent” defined
  11. 192. Representation of principal by sub-agent properly appointed
  12. 193. Agent’s responsibility for sub-agent appointed without authority
  13. 194. Relation between principal and person duly appointed by agent to act in business of agency
  14. 195. Agent’s duty in naming such person
  15. 196. Right of person as to acts done for him without his authority. Effect of ratification
  16. 197. Ratification may be expressed or implied
  17. 198. Knowledge requisite for valid ratification
  18. 199. Effect of ratifying unauthorized act forming part of a transaction
  19. 200. Ratification of unauthorized act cannot injure third person
  20. 201. Termination of agency
  21. 202. Termination of agency, where agent has an interest in subject-matter
  22. 203. When principal may revoke agent’s authority
  23. 204. Revocation where authority has been partly exercised
  24. 205. Compensation for revocation by principal, or renunciation by agent
  25. 206. Notice of revocation or renunciation
  26. 207. Revocation and renunciation may be expressed or implied
  27. 208. When termination of agent’s authority takes effect as to agent, and as to third persons
  28. 209. Agent’s duty on termination of agency by principal’s death or insanity
  29. 210. Termination of sub-agent’s authority
  30. 211. Agent’s duty in conducting principal’s business
  31. 212. Skill and diligence required from agent
  32. 213. Agent’s accounts
  33. 214. Agent’s duty to communicate with principal
  34. 215. Right of principal when agent deals, on his own account, in business of agency without principal’s consent
  35. 216. Principal’s right to benefit gained by agent dealing on his own account in business of agency
  36. 217. Agent’s right of retainer out of sums received on principal’s account
  37. 218. Agent’s duty to pay sums received for principal
  38. 219. When agent’s remuneration becomes due
  39. 220. Agent not entitled to remuneration for business misconducted
  40. 221. Agent’s lien on principal’s property
  41. 222. Agent to be indemnified against consequences of lawful acts
  42. 223. Agent to be indemnified against consequences of acts done in good faith
  43. 224. Non-liability of employer of agent to do a criminal act
  44. 225. Compensation to agent for injury caused by principal’s neglect
  45. 226. Enforcement and consequences of agent’s contracts
  46. 227. Principal how far bound, when agent exceeds authority
  47. 228. Principal not bound when excess of agent’s authority is not separable
  48. 229. Consequences of notice given to agent
  49. 230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
  50. 231. Rights of parties to a contract made by agent not disclosed
  51. 232. Performance of contract with agent supposed to be principal
  52. 233. Right of person dealing with agent personally liable
  53. 234. Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
  54. 235. Liability of pretended agent
  55. 236. Person falsely contracting as agent not entitled to performance
  56. 237. Liability of principal inducing belief that agent’s unauthorized acts were authorized
  57. 238. Effect, on agreement, of misrepresentation of fraud, by agent

Chapter XI.—[OF — Partnership.]rep. by the Indian Partnership Act, 1932 (9 of 1932), S. 73

  1. 239. ‘Partnership’ defined.] Rep. by s. 73 and the Second Schedule, ibid
  2. 243. Widow or child of deceased partner receiving annuity out of profits, not a partner.] Rep. by s
  3. 249. Partner’s liability for debts of partnership.] Rep. bys. 73 and the Second Schedule, ibid
  4. 251. Partner’s power to bind co-partners.] Rep. by s. 73 and the Second Schedule, ibid
  5. 254. When Court may dissolve partnership.] Rep. by s. 73 and the Second Schedule, ibid
  6. 264. Notice of dissolution.] Rep. by s. 73and the Second Schedule, ibid
  7. 266. Limited-liability partnerships, incorporate partnerships, and joint-stock companies.] Rep. by s

Source: official text.