IC ActCentral laws1872
The Indian Contract Act, 1872
To define and amend certain parts of the law relating to contracts.
Act No. 9 of 1872 · Ministry of Law and Justice
- Sections
- 268
- Chapters
- 12
Contents
0Preliminary§ 1–22 sections
IOf the Communication, Acceptance and Revocation of Proposals§ 3–97 sections
IIOf Contracts, Voidable Contracts and Void Agreements · Void agreements§ 10–3022 sections
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.
- 13Consent" defined.
- 14Free consent" defined.
- 15Coercion" defined.
- 16Undue influence" defined.
- 17Fraud" defined.
- 18Misrepresentation" 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.
Void agreements
- 24Agreement void, if considerations and objects unlawful in part.
- 25Agreement 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.
- 26Agreement in restraint of marriage, void.
- 27Agreement in restraint of trade, void.
- 28Agreements in restraint of legal proceeding void.
- 29Agreements void for uncertainty.
- 30Agreements by way of wager, void.
IIIOf Contingent Contracts§ 31–366 sections
- 31Contingent 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 . When contracts may be enforced, which are contingent on specified event not happening within fixed time.
- 36Agreement contingent on impossible events void.
IVContracts which must be performed · By whom contracts must be performed · Time and place for performance · Performance of reciprocal promises · Appropriation of payments · Contracts which need not be performed§ 37–6731 sections
Contracts which must be performed
By whom contracts must be performed
Time and place for performance
- 46Time for performance of promise, when no application is to be made and no time is specified.
- 47Time and place for performance of promise
- 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 promise.
Performance of reciprocal promises
- 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.
Appropriation of payments
Contracts which need not be performed
- 62Effect of novation, rescission, and alteration of contract.
- 63Promise may dispense with or remit performance of promise.
- 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.
VOf Certain Relations Resembling Those Created by Contract§ 68–725 sections
- 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.
VIOf the Consequences of Breach of Contract§ 73–753 sections
VIISale OF Goods Repealed · Delivery Repealed.. · Seller's Lien. Repealed.. · Stoppage IN Transit. Repealed.. · Resale. Repealed.. · Title. Repealed.. · Warranty. Repealed.. · Miscellaneous. Repealed..§ 76–12348 sections48 repealed
Sale OF Goods Repealed
Delivery Repealed..
Seller's Lien. Repealed..
Stoppage IN Transit. Repealed..
Resale. Repealed..
Title. Repealed..
Warranty. Repealed..
VIIIOf Indemnity and Guarantee§ 124–14724 sections
- 124Contract of indemnity" defined
- 125Rights of indemnity-holder when sued.
- 126Contract of guarantee", "surety", "principal debtor" and "creditor".
- 127Consideration for guarantee.
- 128Surety's liability.
- 129Continuing 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 others 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 of 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.
IXOf Bailment · Bailments of pledges · Suits by bailees or bailors against wrong-doers§ 148–18135 sections
Of Bailment
- 148Bailment", "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 good 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.
- 169When finder of thing commonly on sale may sell it.
- 170Bailee's particular lien.
- 171General lien of bankers, factors, wharfingers, attorneys and policy-brokers.
Bailments of pledges
- 172Pledge", "Pawnor" and "Pawnee" defined.
- 173Pawnee's right of retainer.
- 174Pawnee not to retain for debt or promise other than that for which goods pledged.
- 175Pawnee's right as to extraordinary expenses incurred.
- 176Pawnee's right where pawnor makes default.
- 177Defaulting pawnor's right to redeem.
- 178Pledge by mercantile agent.
- 178APledge by person in possession under voidable contract.
- 179Pledge where pawnor has only a limited interest.
Suits by bailees or bailors against wrong-doers
XAppointment and authority of agents · Sub-agents · Ratification · Revocation of authority · Agent's duty to principal · Principal's duty to agent · Effect of agency on contracts with third persons§ 182–23857 sections
Appointment and authority of agents
Sub-agents
- 190When agent cannot delegate.
- 191Sub-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.
Ratification
Revocation of authority
- 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.
Agent's duty to principal
- 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 principals 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.
Principal's duty to agent
Effect of agency on contracts with third persons
- 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 or fraud by agent.
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