The Indian Contract Act, 1872
ICA · 1872
PRELIMINARY
Ch. I · OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
Ch. II · OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
- §10What agreements are contracts
- §11Who are competent to contract
- §12What is a sound mind for the purposes of contracting
- §13“Consent” defined
- §14“Free consent” defined
- §15“Coercion” defined
- §16“Undue influence” defined
- §17“Fraud” defined
- §18“Misrepresentation” defined
- §19Voidability of agreements without free consent
- §19APower to set aside contract induced by undue influence
- §20Agreement void where both parties are under mistake as to matter of fact
- §21Effect of mistakes as to law
- §22Contract caused by mistake of one party as to matter of fact
- §23What considerations and objects are lawful, and what not
- §24Agreements void, if considerations and objects unlawful in part
- §25Agreement without consideration, void, unless it is in writing and
- §26Agreement in restraint of marriage, void
- §27Agreement in restraint of trade, void
- §28Agreements in restraint of legal proceedings, void
- §29Agreements void for uncertainty
- §30Agreements by way of wager void
Ch. III · OF CONTINGENT CONTRACTS
- §31“Contingent contract” defined
- §32Enforcement of contracts contingent on an event happening
- §33Enforcement of contracts contingent on an event not happening
- §34When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
- §35When contracts become void which are contingent on happening of specified event within fixed time
- §36Agreement contingent on impossible events void
Ch. IV · OF THE PERFORMANCE OF CONTRACTS
- §37Obligation of parties to contracts
- §38Effect of refusal to accept offer of performance
- §39Effect of refusal of party to perform promise wholly
- §40Person by whom promise is to be performed
- §41Effect of accepting performance from third person
- §42Devolution of joint liabilities
- §43Any one of joint promisors may be compelled to perform
- §44Effect of release of one joint promisor
- §45Devolution of joint rights
- §46Time for performance of promise, when no application is to be made and no time is specified
- §47Time and place for performance of promise, where time is specified and no application to be made
- §48Application for performance on certain day to be at proper time and place
- §49Place for performance of promise, where no application to be made and no place fixed for performance
- §50Performance in manner or at time prescribed or sanctioned by promisee
- §51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- §52Order of performance of reciprocal promises
- §53Liability of party preventing event on which the contract is to take effect
- §54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- §55Effect of failure to perform at fixed time, in contract in which time is essential
- §56Agreement to do impossible act
- §57Reciprocal promise to do things legal, and also other things illegal
- §58Alternative promise, one branch being illegal
- §59Application of payment where debt to be discharged is indicated
- §60Application of payment where debt to be discharged is not indicated
- §61Application of payment where neither party appropriates
- §62Effect of novation, rescission, and alteration of contract
- §63Promisee may dispense with or remit performance of promisee
- §64Consequences of rescission of voidable contract
- §65Obligation of person who has received advantage under void agreement, or contract that becomes void
- §66Mode of communicating or revoking rescission of voidable contract
- §67Effect of neglect of promisee to afford promisor reasonable facilities for performance
Ch. V · OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
- §68Claim for necessaries supplied to person incapable of contracting, or on his account
- §69Reimbursement of person paying money due by another, in payment of which he is interested
- §70Obligation of person enjoying benefit of non-gratuitous act
- §71Responsibility of finder of goods
- §72Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
Ch. VI · OF THE CONSEQUENCES OF BREACH OF CONTRACT
Ch. VII · SALES OF GOODS.
- §76‘Goods’ of defined.
- §77‘Sale defined.
- §78Sale how effected.
- §79Transfer of ownership of things sold, which has yet to be ascertained, made or finished.
- §80Completion of sale of goods which the seller is to put into state in which buyer is to take them.
- §81Completion of sale of goods, when seller has to do anything thereto in order to as certain price.
- §82Completion of sale, when goods are uncertained at date of contract.
- §83Ascertainment of goods by subsequent appropriation.
- §84Ascertainment of goods by seller’s selection.
- §85Transfer of ownership of moveable property, when sold together with immoveable.
- §86Buyer to bear loss after good have become his property.
- §87Transfer of ownership of goods agreed to be sold while non existent.
- §88Contract to sell and deliver, at a future day, goods not in seller’s possession at date of contract.
- §89Determination of price not fixed by contract.
- §90Delivery how made.
- §91Effect of delivery to wharfinger or carrier.
- §92Effect of part-delivery.
- §93Seller not bound to deliver until buyer applies for delivery.
- §94Place of delivery. Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s.65
- §95Seller’s lien.
- §96Lien where payment to be made at a future day, but no time fixed for delivery.
- §97Seller’s lien where payment to be made at future day, and buyer allows goods to remain in seller’s possession.
- §98Seller’s lien against subsequent buyer.
- §99Power of seller to stop in transit.
- §100When goods are to be deemed in transit.
- §101Continuance of right of stoppage.
- §102Cessation of right on assignment, by buyer, of document showing title.
- §103How seller may stop where instrument of title assigned to secure specific advance.
- §104Stoppage how effected.
- §105Notice of seller’s claim.
- §106Right of seller on stoppage.
- §107Resale on buyer’s failure to perform.
- §108Title conveyed by seller of goods to buyer.
- §109Seller’s responsibility for badness of title.
- §110Establishment of implied warranty of goodness or quality.
- §111Warranty of soundness implied on sale of provisions.
- §112Warranty of bulk implied on sale of goods by sample.
- §113Warranty implied where goods are sold as being of a certain denomination.
- §114Warranty where goods ordered for a specified purpose.
- §115Warranty on sale of article of well known ascertained kind.
- §116Seller when not responsible for latent defects.
- §117Buyer’s right on breach of warranty.
- §118Right of buyer on breach of warranty in respect of goods not ascertained.
- §119When buyer may refused to accept, if goods not ordered are sent with goods ordered.
- §120Effect of wrongful refusal to accept.
- §121Right of seller as to rescission, on failure of buyer to pay price at time
- §122Sale and transfer of lots sold by auction.
- §123Effect of use, by seller, of pretended biddings to raise price.
Ch. VIII · OF INDEMNITY AND GUARANTEE
- §124“Contract of indemnity” defined
- §125Rights of indemnity-holder when sued
- §126“Contract of guarantee”, “surety”, “principal debtor” and “creditor”
- §127Consideration for guarantee
- §128Surety’s liability
- §129“Continuing guarantee”
- §130Revocation of continuing guarantee
- §131Revocation of continuing guarantee by surety’s death
- §132Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other’s default
- §133Discharge of surety by variance in terms of contract
- §134Discharge of surety by release or discharge of principal debtor
- §135Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
- §136Surety not discharged when agreement made with third person to give time to principal debtor
- §137Creditor’s forbearance to sue does not discharge surety
- §138Release of one co-surety does not discharge others
- §139Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy
- §140Rights of surety on payment or performance
- §141Surety’s right to benefit of creditor’s securities
- §142Guarantee obtained by misrepresentation invalid
- §143Guarantee obtained by concealment invalid
- §144Guarantee on contract that creditor shall not act on it until co-surety joins
- §145Implied promise to indemnify surety
- §146Co-sureties liable to contribute equally
- §147Liability of co-sureties bound in different sums
Ch. IX · OF BAILMENT
- §148“Bailment”“bailor” and “bailee” defined
- §149Delivery to bailee how made
- §150Bailor’s duty to disclose faults in goods bailed
- §151Care to be taken by bailee
- §152Bailee when not liable for loss, etc., of thing bailed
- §153Termination of bailment by bailee’s act inconsistent with conditions
- §154Liability of bailee making unauthorized use of goods bailed
- §155Effect of mixture, with bailor’s consent, of his goods with bailee’s
- §156Effect of mixture without bailor’s consent, when the goods can be separated
- §157Effect of mixture, without bailor’s consent, when the goods cannot be separated
- §158Repayment, by bailor, of necessary expenses
- §159Restoration of goods lent gratuitously
- §160Return of goods bailed, on expiration of time or accomplishment of purpose
- §161Bailee’s responsibility when goods are not duly returned
- §162Termination of gratuitous bailment by death
- §163Bailor entitled to increase or profit from goods bailed
- §164Bailor’s responsibility to bailee
- §165Bailment by several joint owners
- §166Bailee not responsible on re-delivery to bailor without title
- §167Right of third person claiming goods bailed
- §168Right of finder of goods, may sue for specific reward offered
- §169When finder of thing commonly on sale may sell it
- §170Bailee’s particular lien
- §171General lien of bankers, factors, wharfingers, attorneys and policy-brokers
- §172“Pledge”“pawnor”,and “pawnee” defined
- §173Pawnee’s right of retainer
- §174Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances
- §175Pawnee’s right as to extraordinary expenses incurred
- §176Pawnee’s right where pawnor makes default
- §177Defaulting pawner’s right to redeem
- §178Pledge by mercantile agent
- §178APledge by person in possession under voidable contract
- §179Pledge where pawnor has only a limited interest
- §180Suit by bailor or bailee against wrong-doer
- §181Apportionment of relief or compensation obtained by such suits
Ch. X · AGENCY
- §182“Agent” and “principal” defined
- §183Who may employ agent
- §184Who may be an agent
- §185Consideration not necessary
- §186Agent’s authority may be expressed or implied
- §187Definitions of express and implied authority
- §188Extent of agent’s authority
- §189Agent’s authority in an emergency
- §190When agent cannot delegate
- §191“Sub-agent” defined
- §192Representation of principal by sub-agent properly appointed
- §193Agent’s responsibility for sub-agent appointed without authority
- §194Relation between principal and person duly appointed by agent to act in business of agency
- §195Agent’s duty in naming such person
- §196Right of person as to acts done for him without his authority. Effect of ratification
- §197Ratification may be expressed or implied
- §198Knowledge requisite for valid ratification
- §199Effect of ratifying unauthorized act forming part of a transaction
- §200Ratification of unauthorized act cannot injure third person
- §201Termination of agency
- §202Termination of agency, where agent has an interest in subject-matter
- §203When principal may revoke agent’s authority
- §204Revocation where authority has been partly exercised
- §205Compensation for revocation by principal, or renunciation by agent
- §206Notice of revocation or renunciation
- §207Revocation and renunciation may be expressed or implied
- §208When termination of agent’s authority takes effect as to agent, and as to third persons
- §209Agent’s duty on termination of agency by principal’s death or insanity
- §210Termination of sub-agent’s authority
- §211Agent’s duty in conducting principal’s business
- §212Skill and diligence required from agent
- §213Agent’s accounts
- §214Agent’s duty to communicate with principal
- §215Right of principal when agent deals, on his own account, in business of agency without principal’s consent
- §216Principal’s right to benefit gained by agent dealing on his own account in business of agency
- §217Agent’s right of retainer out of sums received on principal’s account
- §218Agent’s duty to pay sums received for principal
- §219When agent’s remuneration becomes due
- §220Agent not entitled to remuneration for business misconducted
- §221Agent’s lien on principal’s property
- §222Agent to be indemnified against consequences of lawful acts
- §223Agent to be indemnified against consequences of acts done in good faith
- §224Non-liability of employer of agent to do a criminal act
- §225Compensation to agent for injury caused by principal’s neglect
- §226Enforcement and consequences of agent’s contracts
- §227Principal how far bound, when agent exceeds authority
- §228Principal not bound when excess of agent’s authority is not separable
- §229Consequences of notice given to agent
- §230Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
- §231Rights of parties to a contract made by agent not disclosed
- §232Performance of contract with agent supposed to be principal
- §233Right of person dealing with agent personally liable
- §234Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
- §235Liability of pretended agent
- §236Person falsely contracting as agent not entitled to performance
- §237Liability of principal inducing belief that agent’s unauthorized acts were authorized
- §238Effect, on agreement, of misrepresentation of fraud, by agent
- §239‘Partnership’ defined.
- §240Lender not a partner by advancing money for share of profits.
- §241Property left in business by retiring partner, or decreased partner’s preventative.
- §242Servant or agent remunerated by share of profits, not a partner.
- §243Widow or child of deceased partner receiving annuity out of profits, not a partner.
- §244Person receiving portion of profits for sale of good-will, no a partner.
- §245Responsibility of person leading another to believe him a partner.
- §246Liability of person permitting him self to be represented as a partner.
- §247Minor partner not personally liable, but his share is.
- §248Liability of minor partner on attaining majority.
- §249Partner’s liability for debts of partnership.
- §250Partner’s liability to third person for neglect or fraud of co-partner.
- §251Partner’s power to bind co-partners.
- §252Annulment of contract defining partner’s rights and obligations.
- §253Rules determining partner’s mutual relations, where no contract to contrary.
- §254When Court may dissolve partnership.
- §255Dissolution of partnership by prohibition of business.
- §256Rights and obligations of partners in partnership continued after expiry of term for which it was entered into.
- §257General duties of partners.
- §258Account, to firm, of benefit derived from transaction affecting partnership.
- §259Obligations, to firm, of partner carrying on business.
- §260Revocation of continuing guarantee by charge by change in firm. Rep
- §261Non-liability of deceased partner’s estate for subsequent obligations.
- §262Payment of partnership debts, and of separate debts.
- §263Continuance, of partners rights and obligations after dissolution.
- §264Notice of dissolution.
- §265Right of partners to apply for winding-up after termination of partnership.
- §266Limited-liability partnerships, incorporate partnerships, and joint-stock companies. Rep. by s. 73and the Second Schedule, ibid. SCHEDULE