Contracts & Agreements

1872-9

• §1 — Short title.
• §10 — What agreements are contracts.
• §100 — [When goods are to be deemed in transit.] Rep. by s. 65,ibid.
• §101 — [Continuance of right of stoppage.] Rep. by s. 65,ibid.
• §102 — [Cessation of right on assignment, by buyer, of document showing title.] Rep. by s. 65,ibid.
• §103 — [How seller may stop where instrument of title assigned to secure specific advance.] Rep. by s. 65, ibid.
• §104 — [Stoppage how effected.] Rep. by s. 65,ibid.
• §105 — [Notice of seller’s claim.] Rep. by s. 65, ibid.
• §106 — [Right of seller on stoppage.] Rep. by s. 65,ibid. [RESALE.] Rep. by s. 65, ibid.
• §107 — [Resale on buyer’s failure to perform.] Rep. by s. 65,ibid. [TITLE.] Rep. by s. 65, ibid.
• §108 — [Title conveyed by seller of goods to buyer.] Rep. by s. 65,ibid. [WARRANTY.] Rep. by s. 65, ibid.
• §109 — [Seller’s responsibility for badness of title.] Rep. by s. 65,ibid.
• §11 — Who are competent to contract.
• §110 — [Establishment of implied warranty of goodness or quality.] Rep. by s. 65,ibid.
• §111 — [Warranty of soundness implied on sale of provisions.] Rep. by s. 65,ibid.
• §112 — [Warranty of bulk implied on sale of goods by sample.] Rep. by s. 65,ibid.
• §113 — [Warranty implied where goods are sold as being of a certain denomination.] Rep. by s. 65,ibid.
• §114 — [Warranty where goods ordered for a specified purpose.] Rep. by s. 65,ibid.
• §115 — [Warranty on sale of article of well known ascertained kind.] Rep. by s. 65,ibid.
• §116 — [Seller when not responsible for latent defects.] Rep. by s. 65,ibid.
• §117 — [Buyer’s right on breach of warranty.] Rep. by s. 65,ibid.
• §118 — [Right of buyer on breach of warranty in respect of goods not ascertained.] Rep. by s. 65,ibid. [MISCELLANEOUS.] Rep. by s. 65, ibid.
• §119 — [When buyer may refused to accept, if goods not ordered are sent with goods ordered.]Rep. by s. 65, ibid.
• §12 — What is a sound mind for the purposes of contracting.
• §120 — [Effect of wrongful refusal to accept.] Rep. by s. 65,ibid.
• §121 — [Right of seller as to rescission, on failure of buyer to pay price at time fixed.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65.
• §122 — [Sale and transfer of lots sold by auction.] Rep. by s. 65,ibid.
• §123 — [Effect of use, by seller, of pretended biddings to raise price.] Rep. by s. 65,ibid. CHAPTER VIII OF INDEMNITY AND GUARANTEE
• §124 — “Contract of indemnity” defined.
• §125 — Rights 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”.
• §13 — “Consent” defined.
• §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.
• §14 — “Free consent” defined.
• §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.
• §148 — “Bailment”“bailor” and “bailee” defined.
• §149 — Delivery to bailee how made.
• §15 — “Coercion” defined.
• §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.
• §16 — “Undue influence” defined.
• §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 — Bailor 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 re-delivery to bailor without title.
• §167 — Right of third person claiming goods bailed.
• §168 — Right of finder of goods, may sue for specific reward offered.
• §169 — When finder of thing commonly on sale may sell it.
• §17 — “Fraud” defined.
• §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 pawner’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.
• §18 — “Misrepresentation” defined.
• §180 — Suit by bailor or bailee against wrong-doer.
• §181 — Apportionment of relief or compensation obtained by such suits.
• §182 — “Agent” and “principal” defined.
• §183 — Who may employ agent.
• §184 — Who may be an agent.
• §185 — Consideration not necessary.
• §186 — Agent’s authority may be expressed or implied.
• §187 — Definitions of express and implied authority.
• §188 — Extent of agent’s authority.
• §189 — Agent’s authority in an emergency.
• §19 — Voidability of agreements without free consent.
• §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.
• §19A — Power to set aside contract induced by undue influence.
• §2 — Interpretation-clause.
• §20 — Agreement void where both parties are under mistake as to matter of fact.
• §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.
• §21 — Effect of mistakes as to law.
• §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.
• §22 — Contract caused by mistake of one party as to matter of fact.
• §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 contracts.
• §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.
• §23 — What considerations and objects are lawful, and what not.
• §230 — Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.
• §231 — Rights 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 of fraud, by agent.
• §239 — [‘Partnership’ defined.] Rep. by s. 73 and the Second Schedule, ibid.
• §24 — Agreements void, if considerations and objects unlawful in part.
• §240 — [Lender not a partner by advancing money for share of profits.] Rep. by s. 73 and the Second Schedule, ibid.
• §241 — [Property left in business by retiring partner, or decreased partner’s preventative.] Rep. by s. 73 and the Second Schedule, ibid.
• §242 — [Servant or agent remunerated by share of profits, not a partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §243 — [Widow or child of deceased partner receiving annuity out of profits, not a partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §244 — [Person receiving portion of profits for sale of good-will, no a partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §245 — [Responsibility of person leading another to believe him a partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §246 — [Liability of person permitting him self to be represented as a partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §247 — [Minor partner not personally liable, but his share is.] Rep. by s. 73 and the Second Schedule, ibid.
• §248 — [Liability of minor partner on attaining majority.] Rep. by s. 73 and the Second Schedule, ibid
• §249 — [Partner’s liability for debts of partnership.] Rep. bys. 73 and the Second Schedule, ibid.
• §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.
• §250 — [Partner’s liability to third person for neglect or fraud of co-partner.] Rep. by s. 73 and the Second Schedule, ibid.
• §251 — [Partner’s power to bind co-partners.] Rep. by s. 73 and the Second Schedule, ibid.
• §252 — [Annulment of contract defining partner’s rights and obligations.] Rep. by s. 73 and the Second Schedule, ibid.
• §253 — [Rules determining partner’s mutual relations, where no contract to contrary.] Rep. by s. 73 and the Second Schedule, ibid.
• §254 — [When Court may dissolve partnership.] Rep. by s. 73 and the Second Schedule, ibid.
• §255 — [Dissolution of partnership by prohibition of business.] Rep. by s. 73 and the Second Schedule, ibid.
• §256 — [Rights and obligations of partners in partnership continued after expiry of term for which it was entered into.] Rep. by s. 73 and the Second Schedule, ibid.
• §257 — [General duties of partners.] Rep. by s. 73 and the Second Schedule, ibid
• §258 — [Account, to firm, of benefit derived from transaction affecting partnership.]Rep. by s. 73 and the Second Schedule, ibid.
• §259 — [Obligations, to firm, of partner carrying on business.] Rep. by s. 73 and the Second Schedule, ibid.
• §26 — Agreement in restraint of marriage, void.
• §260 — [Revocation of continuing guarantee by charge by change in firm.] Rep. by the Indian Partnership Act, 1932 (9 of 1932), s. 73 and the Second Schedule.
• §261 — [Non-liability of deceased partner’s estate for subsequent obligations.] Rep. by s. 73 and the Second Schedule, ibid.
• §262 — [Payment of partnership debts, and of separate debts.] Rep. by s. 73and the Second Schedule, ibid.
• §263 — [Continuance, of partners rights and obligations after dissolution.] Rep. by s. 73and the Second Schedule, ibid.
• §264 — [Notice of dissolution.] Rep. by s. 73and the Second Schedule, ibid.
• §265 — [Right of partners to apply for winding-up after termination of partnership.] Rep. by s. 73 and the Second Schedule, ibid.
• §266 — [Limited-liability partnerships, incorporate partnerships, and joint-stock companies.] Rep. by s. 73and the Second Schedule, ibid. SCHEDULE.
• §27 — Agreement in restraint of trade, void.
• §28 — Agreements in restraint of legal proceedings, void.
• §29 — Agreements void for uncertainty.
• §3 — Communication, acceptance and revocation of proposals.
• §30 — Agreements by way of wager void.
• §31 — “Contingent contract” defined.
• §32 — Enforcement of contracts contingent on an event happening.
• §33 — Enforcement of contracts 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 — Agreement contingent on impossible events void.
• §37 — Obligation of parties to contracts.
• §38 — Effect of refusal to accept offer of performance.
• §39 — Effect of refusal of party to perform promise wholly.
• §4 — Communication when complete.
• §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, when 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 performance of promise, where no application to be made and no place fixed for performance.
• §5 — Revocation of proposals and acceptances.
• §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 the contract is to take effect.
• §54 — Effect of default as to that promise which should be first 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 — Alternative promise, one branch being illegal.
• §59 — Application of payment where debt to be discharged is indicated.
• §6 — Revocation how made.
• §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 — Promisee may dispense with or remit performance of promisee.
• §64 — Consequences of rescission of 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.
• §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.
• §7 — Acceptance must be absolute.
• §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.
• §73 — Compensation for 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.
• §76 — [‘Goods’ of defined.] Rep. by s. 65,ibid.
• §77 — [‘Sale defined.] Rep. by s. 65,ibid.
• §78 — [Sale how effected.] Rep. by s. 65,ibid.
• §79 — [Transferofownershipofthingsold,whichhasyettobeascertained,madeorfinished.]Rep.bys. 65, ibid.
• §8 — Acceptance by performing conditions, or receiving consideration.
• §80 — [Completion of sale of goods which the seller is to put into state in which buyer is to take them.] Rep. by s. 65,ibid.
• §81 — [Completion of sale of goods, when seller has to do anything thereto in order to as certain price.] Rep. by s. 65,ibid.
• §82 — [Completion of sale, when goods are uncertained at date of contract.] Rep. by s. 65,ibid.
• §83 — [Ascertainment of goods by subsequent appropriation.] Rep. by s. 65,ibid.
• §84 — [Ascertainment of goods by seller’s selection.] Rep. by s. 65,ibid.
• §85 — [Transfer of ownership of moveable property, when sold together with immoveable.] Rep. by s. 65, ibid.
• §86 — [Buyer to bear loss after good have become his property.] Rep. by s. 65,ibid.
• §87 — [Transfer of ownership of goods agreed to be sold while non existent.] Rep. by s. 65,ibid.
• §88 — [Contract to sell and deliver, at a future day, goods not in seller’s possession at date of contract.] Rep. by s. 65,ibid.
• §89 — [Determination of price not fixed by contract.] Rep. by s. 65,ibid. [DELIVERY.]Rep. by s. 65, ibid.
• §9 — Promises, express and implied.
• §90 — [Delivery how made.] Rep. by s. 65,ibid.
• §91 — [Effect of delivery to wharfinger or carrier.] Rep. by s. 65,ibid.
• §92 — [Effect of part-delivery.] Rep. by s. 65,ibid.
• §93 — [Seller not bound to deliver until buyer applies for delivery.] Rep. by s. 65,ibid.
• §94 — [Place of delivery.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65. [SELLER’S LIEN.]Rep. by s. 65, ibid.
• §95 — [Seller’s lien.]Rep. by s. 65,ibid.
• §96 — [Lien where payment to be made at a future day, but no time fixed for delivery.] Rep. by s. 65, ibid.
• §97 — [Seller’s lien where payment to be made at future day, and buyer allows goods to remain in seller’s possession.] Rep. by s. 65,ibid.
• §98 — [Seller’s lien against subsequent buyer.] Rep. by s. 65,ibid. [STOPPAGE IN TRANSIT.] Rep. by s. 65, ibid.
• §99 — [Power of seller to stop in transit.] Rep. by s. 65,ibid.