Bare Acts

The Indian Contract Act, 1872

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Act Details

Act Number:

Act Year:

1872

Location:

Chhattisgarh

Enactment Date:

4/25/1872

Enforcement Date:

01-09-1872

Department:

Department of LAW AND LEGISLATIVE AFFAIRS

Full List of ContractAct Sections

OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS

Section 3 to Section 9

Section 3

Communication, acceptance and revocation of proposals.

Section 4

Communication when complete.

Section 5

Revocation of proposals and acceptances.

Section 6

Revocation how made.

Section 7

Acceptance must be absolute.

Section 8

Acceptance by performing conditions, or receiving consideration.

Section 9

Promises, express and implied.

OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

Section 10 to Section 23

Section 10

What agreements are contracts.

Section 11

Who are competent to contract.

Section 12

What is a sound mind for the purposes of contracting.

Section 13

Consent" defined.

Section 14

Free consent" defined.

Section 15

Coercion" defined.

Section 16

Undue influence" defined.

Section 17

Fraud" defined.

Section 18

Misrepresentation" defined.

Section 19

Voidability of agreements without free consent.

Section 19A

Power to set aside contract induced by undue influence.

Section 20

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

Section 21

Effect of mistakes as to law.

Section 22

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

Section 23

What considerations and objects are lawful, and what not.

Void agreements

Section 24 to Section 30

Section 24

Agreement void, if considerations and objects unlawful in part.

Section 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.

Section 26

Agreement in restraint of marriage, void.

Section 27

Agreement in restraint of trade, void.

Section 28

Agreements in restraint of legal proceeding void.

Section 29

Agreements void for uncertainty.

Section 30

Agreements by way of wager, void.

OF CONTINGENT CONTRACTS

Section 31 to Section 36

Section 31

Contingent contract" defined.

Section 32

Enforcement of contracts contingent on an event happening.

Section 33

Enforcement of contracts contingent on an event not happening.

Section 34

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

Section 35

When contracts become void which are contingent on happening of specified event within fixed time . When contracts may be enforced, which are contingent on specified event not happening within fixed time.

Section 36

Agreement contingent on impossible events void.

Contracts which must be performed

Section 37 to Section 39

Section 37

Obligation of parties to contracts.

Section 38

Effect of refusal to accept offer of performance.

Section 39

Effect of refusal of party to perform promise wholly.

By whom contracts must be performed

Section 40 to Section 45

Section 40

Person by whom promise is to be performed.

Section 41

Effect of accepting performance from third person.

Section 42

Devolution of joint liabilities.

Section 43

Any one of joint promisors may be compelled to perform.

Section 44

Effect of release of one joint promisor.

Section 45

Devolution of joint rights.

Time and place for performance

Section 46 to Section 50

Section 46

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

Section 47

Time and place for performance of promise

Section 48

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

Section 49

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

Section 50

Performance in manner or at time prescribed or sanctioned by promise.

Performance of reciprocal promises

Section 51 to Section 58

Section 51

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

Section 52

Order of performance of reciprocal promises.

Section 53

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

Section 54

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

Section 55

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

Section 56

Agreement to do impossible act.

Section 57

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

Section 58

Alternative promise, one branch being illegal.

Appropriation of payments

Section 59 to Section 61

Section 59

Application of payment where debt to be discharged is indicated.

Section 60

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

Section 61

Application of payment where neither party appropriates.

Contracts which need not be performed

Section 62 to Section 67

Section 62

Effect of novation, rescission, and alteration of contract.

Section 63

Promise may dispense with or remit performance of promise.

Section 64

Consequences of rescission of voidable contract.

Section 65

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

Section 66

Mode of communicating or revoking rescission of voidable contract.

Section 67

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

OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Section 68 to Section 72

Section 68

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

Section 69

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

Section 70

Obligation of person enjoying benefit of non-gratuitous act.

Section 71

Responsibility of finder of goods.

Section 72

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

OF THE CONSEQUENCES OF BREACH OF CONTRACT

Section 73 to Section 75

Section 73

Compensation for loss or damage caused by breach of contract.

Section 74

Compensation for breach of contract where penalty stipulated for.

Section 75

Party rightfully rescinding contract, entitled to compensation.

SALE OF GOODS Repealed

Section 76 to Section 89

Section 76

Section 77

Section 78

Section 79

Section 80

Section 81

Section 82

Section 83

Section 84

Section 85

Section 86

Section 87

Section 88

Section 89

DELIVERY Repealed..

Section 90 to Section 94

Section 90

Section 91

Section 92

Section 93

Section 94

SELLER'S LIEN. Repealed..

Section 95 to Section 98

Section 95

Section 96

Section 97

Section 98

STOPPAGE IN TRANSIT. Repealed..

Section 99 to Section 106

Section 99

Section 100

Section 101

Section 102

Section 103

Section 104

Section 105

Section 106

RESALE. Repealed..

Section 107

Repealed.

TITLE. Repealed..

Section 108

Repealed.

WARRANTY. Repealed..

Section 109 to Section 118

Section 109

Section 110

Section 111

Section 112

Section 113

Section 114

Section 115

Section 116

Section 117

Section 118

MISCELLANEOUS. Repealed..

Section 119 to Section 123

Section 119

Section 120

Section 121

Section 122

Section 123

OF INDEMNITY AND GUARANTEE

Section 124 to Section 147

Section 124

Contract of indemnity" defined

Section 125

Rights of indemnity-holder when sued.

Section 126

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

Section 127

Consideration for guarantee.

Section 128

Surety's liability.

Section 129

Continuing guarantee".

Section 130

Revocation of continuing guarantee.

Section 131

Revocation of continuing guarantee by surety's death.

Section 132

Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on others default.

Section 133

Discharge of surety by variance in terms of contract.

Section 134

Discharge of surety by release or discharge of principal debtor.

Section 135

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

Section 136

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

Section 137

Creditor's forbearance to sue does not discharge surety.

Section 138

Release of one co-surety does not discharge others.

Section 139

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

Section 140

Rights of surety on payment or performance.

Section 141

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

Section 142

Guarantee obtained by misrepresentation invalid.

Section 143

Guarantee obtained by concealment invalid.

Section 144

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

Section 145

Implied promise to indemnify surety.

Section 146

Co-sureties liable to contribute equally.

Section 147

Liability of co-sureties bound in different sums.

OF BAILMENT

Section 148 to Section 171

Section 148

Bailment", "bailor" and "bailee" defined.

Section 149

Delivery to bailee how made.

Section 150

Bailor's duty to disclose faults in goods bailed.

Section 151

Care to be taken by bailee.

Section 152

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

Section 153

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

Section 154

Liability of bailee making unauthorized use of goods bailed.

Section 155

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

Section 156

Effect of mixture, without bailor's consent, when the good can be separated.

Section 157

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

Section 158

Repayment, by bailor, of necessary expenses.

Section 159

Restoration of goods lent gratuitously.

Section 160

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

Section 161

Bailee's responsibility when goods are not duly returned.

Section 162

Termination of gratuitous bailment by death.

Section 163

Bailor entitled to increase or profit from goods bailed.

Section 164

Bailor's responsibility to bailee.

Section 165

Bailment by several joint owners.

Section 166

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

Section 167

Right of third person claiming goods bailed.

Section 168

Right of finder of goods.

Section 169

When finder of thing commonly on sale may sell it.

Section 170

Bailee's particular lien.

Section 171

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

Bailments of pledges

Section 172 to Section 179

Section 172

Pledge", "Pawnor" and "Pawnee" defined.

Section 173

Pawnee's right of retainer.

Section 174

Pawnee not to retain for debt or promise other than that for which goods pledged.

Section 175

Pawnee's right as to extraordinary expenses incurred.

Section 176

Pawnee's right where pawnor makes default.

Section 177

Defaulting pawnor's right to redeem.

Section 178

Pledge by mercantile agent.

Section 178A

Pledge by person in possession under voidable contract.

Section 179

Pledge where pawnor has only a limited interest.

Suits by bailees or bailors against wrong-doers

Section 180 to Section 181

Section 180

Suit by bailor or bailee against wrong-doer.

Section 181

Apportionment of relief or compensation obtained by such suits.

Appointment and authority of agents

Section 182 to Section 189

Section 182

Agent" and "principal" defined.

Section 183

Who may employ agent.

Section 184

Who may be an agent.

Section 185

Consideration not necessary.

Section 186

Agent's authority may be expressed or implied.

Section 187

Definitions of express and implied authority.

Section 188

Extent of agent's authority.

Section 189

Agent's authority in an emergency.

Sub-agents

Section 190 to Section 195

Section 190

When agent cannot delegate.

Section 191

Sub-agent" defined.

Section 192

Representation of principal by sub-agent properly appointed.

Section 193

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

Section 194

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

Section 195

Agent's duty in naming such person.

Ratification

Section 196 to Section 200

Section 196

Right of person as to acts done for him without his authority.

Section 197

Ratification may be expressed or implied.

Section 198

Knowledge requisite for valid ratification.

Section 199

Effect of ratifying unauthorized act forming part of a transaction.

Section 200

Ratification of unauthorized act cannot injure third person.

Revocation of authority

Section 201 to Section 210

Section 201

Termination of agency.

Section 202

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

Section 203

When principal may revoke agent's authority.

Section 204

Revocation where authority has been partly exercised.

Section 205

Compensation for revocation by principal, or renunciation by agent.

Section 206

Notice of revocation or renunciation.

Section 207

Revocation and renunciation may be expressed or implied.

Section 208

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

Section 209

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

Section 210

Termination of sub-agent's authority.

Agent's duty to principal

Section 211 to Section 221

Section 211

Agent's duty in conducting principal's business.

Section 212

Skill and diligence required from agent.

Section 213

Agent's accounts.

Section 214

Agent's duty to communicate with principal.

Section 215

Right of principal when agent deals, on his own account, in business of agency without principals consent.

Section 216

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

Section 217

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

Section 218

Agent's duty to pay sums received for principal.

Section 219

When agent's remuneration becomes due.

Section 220

Agent not entitled to remuneration for business misconducted.

Section 221

Agent's lien on principal's property.

Principal's duty to agent

Section 222 to Section 225

Section 222

Agent to be indemnified against consequences of lawful acts.

Section 223

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

Section 224

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

Section 225

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

Effect of agency on contracts with third persons

Section 226 to Section 238

Section 226

Enforcement and consequences of agent's contracts.

Section 227

Principal how far bound, when agent exceeds authority.

Section 228

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

Section 229

Consequences of notice given to agent.

Section 230

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

Section 231

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

Section 232

Performance of contract with agent supposed to be principal.

Section 233

Right of person dealing with agent personally liable.

Section 234

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

Section 235

Liability of pretended agent.

Section 236

Person falsely contracting as agent, not entitled to performance.

Section 237

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

Section 238

Effect, on agreement, of misrepresentation or fraud by agent.

OF PARTNERSHIP

Section 239 to Section 266

Section 239

Section 240

Section 241

Section 242

Section 243

Section 244

Section 245

Section 246

Section 247

Section 248

Section 249

Section 250

Section 251

Section 252

Section 253

Section 254

Section 255

Section 256

Section 257

Section 258

Section 259

Section 260

Section 261

Section 262

Section 263

Section 264

Section 265

Section 266