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Bare Acts
/ ICA
The Indian Contract Act, 1872
ICA · 1872
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PRELIMINARY
Ch. I
OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
Ch. II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
Ch. III
OF CONTINGENT CONTRACTS
Ch. IV
OF THE PERFORMANCE OF CONTRACTS
Ch. V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
Ch. VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT
Ch. VII
SALES OF GOODS.
Ch. VIII
OF INDEMNITY AND GUARANTEE
Ch. IX
OF BAILMENT
Ch. X
AGENCY
PRELIMINARY
s. 1
Short title
s. 2
Interpretation-clause
Ch. I
· OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
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
Ch. II
· OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
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. 19A
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
Agreements void, if considerations and objects unlawful in part
s. 25
Agreement without consideration, void, unless it is in writing and
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
Ch. III
· OF CONTINGENT CONTRACTS
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
Ch. IV
· OF THE PERFORMANCE OF CONTRACTS
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
Promisee 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
Ch. V
· OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
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
Ch. VI
· OF THE CONSEQUENCES OF BREACH OF CONTRACT
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
Ch. VII
· SALES OF GOODS.
s. 76
‘Goods’ of defined.
s. 77
‘Sale defined.
s. 78
Sale how effected.
s. 79
Transfer of ownership of things sold, which has yet to be ascertained, made or finished.
s. 80
Completion of sale of goods which the seller is to put into state in which buyer is to take them.
s. 81
Completion of sale of goods, when seller has to do anything thereto in order to as certain price.
s. 82
Completion of sale, when goods are uncertained at date of contract.
s. 83
Ascertainment of goods by subsequent appropriation.
s. 84
Ascertainment of goods by seller’s selection.
s. 85
Transfer of ownership of moveable property, when sold together with immoveable.
s. 86
Buyer to bear loss after good have become his property.
s. 87
Transfer of ownership of goods agreed to be sold while non existent.
s. 88
Contract to sell and deliver, at a future day, goods not in seller’s possession at date of contract.
s. 89
Determination of price not fixed by contract.
s. 90
Delivery how made.
s. 91
Effect of delivery to wharfinger or carrier.
s. 92
Effect of part-delivery.
s. 93
Seller not bound to deliver until buyer applies for delivery.
s. 94
Place of delivery. Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65
s. 95
Seller’s lien.
s. 96
Lien where payment to be made at a future day, but no time fixed for delivery.
s. 97
Seller’s lien where payment to be made at future day, and buyer allows goods to remain in seller’s possession.
s. 98
Seller’s lien against subsequent buyer.
s. 99
Power of seller to stop in transit.
s. 100
When goods are to be deemed in transit.
s. 101
Continuance of right of stoppage.
s. 102
Cessation of right on assignment, by buyer, of document showing title.
s. 103
How seller may stop where instrument of title assigned to secure specific advance.
s. 104
Stoppage how effected.
s. 105
Notice of seller’s claim.
s. 106
Right of seller on stoppage.
s. 107
Resale on buyer’s failure to perform.
s. 108
Title conveyed by seller of goods to buyer.
s. 109
Seller’s responsibility for badness of title.
s. 110
Establishment of implied warranty of goodness or quality.
s. 111
Warranty of soundness implied on sale of provisions.
s. 112
Warranty of bulk implied on sale of goods by sample.
s. 113
Warranty implied where goods are sold as being of a certain denomination.
s. 114
Warranty where goods ordered for a specified purpose.
s. 115
Warranty on sale of article of well known ascertained kind.
s. 116
Seller when not responsible for latent defects.
s. 117
Buyer’s right on breach of warranty.
s. 118
Right of buyer on breach of warranty in respect of goods not ascertained.
s. 119
When buyer may refused to accept, if goods not ordered are sent with goods ordered.
s. 120
Effect of wrongful refusal to accept.
s. 121
Right of seller as to rescission, on failure of buyer to pay price at time
s. 122
Sale and transfer of lots sold by auction.
s. 123
Effect of use, by seller, of pretended biddings to raise price.
Ch. VIII
· OF INDEMNITY AND GUARANTEE
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
Ch. IX
· OF BAILMENT
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. 178A
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
Ch. X
· AGENCY
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
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 decreased partner’s preventative.
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, no a partner.
s. 245
Responsibility of person leading another to believe him a partner.
s. 246
Liability of person permitting him self 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
Partner’s liability for debts of partnership.
s. 250
Partner’s liability to third person for neglect or fraud of co-partner.
s. 251
Partner’s power to bind co-partners.
s. 252
Annulment of contract defining partner’s rights and obligations.
s. 253
Rules determining partner’s 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 business.
s. 260
Revocation of continuing guarantee by charge by change in firm. Rep
s. 261
Non-liability of deceased partner’s 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 after termination of partnership.
s. 266
Limited-liability partnerships, incorporate partnerships, and joint-stock companies. Rep. by s. 73and the Second Schedule, ibid. SCHEDULE
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