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Section 104

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Chapter 0Preliminary

1Short title
2Interpretation-clause

Chapter IOf the Communication, Acceptance and Revocation of Proposals

3Communication, acceptance and revocation of proposals
4Communication when complete
5Revocation of proposals and acceptances
6Revocation how made
7Acceptance must be absolute
8Acceptance by performing conditions, or receiving consideration
9Promises, express and implied

Chapter IIOf Contracts, Voidable Contracts and Void Agreements · Void agreements

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

Chapter IIIOf Contingent Contracts

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

Chapter 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

Contracts which must be performed

37Obligation of parties to contracts
38Effect of refusal to accept offer of performance
39Effect of refusal of party to perform promise wholly

By whom contracts must be performed

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

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

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

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

Chapter VOf 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

Chapter VIOf the Consequences of Breach of Contract

73Compensation for loss or damage caused by breach of contract
74Compensation for breach of contract where penalty stipulated for
75Party rightfully rescinding contract, entitled to compensation

Chapter VIISale OF Goods Repealed · Delivery Repealed.. · Seller's Lien. Repealed.. · Stoppage IN Transit. Repealed.. · Resale. Repealed.. · Title. Repealed.. · Warranty. Repealed.. · Miscellaneous. Repealed..

Sale OF Goods Repealed

76Repealed
77Repealed
78Repealed
79Repealed
80Repealed
81Repealed
82Repealed
83Repealed
84Repealed
85Repealed
86Repealed
87Repealed
88Repealed
89Repealed

Delivery Repealed..

90Repealed
91Repealed
92Repealed
93Repealed
94Repealed

Seller's Lien. Repealed..

95Repealed
96Repealed
97Repealed
98Repealed

Stoppage IN Transit. Repealed..

99Repealed
100Repealed
101Repealed
102Repealed
103Repealed
104Repealed
105Repealed
106Repealed

Resale. Repealed..

107Repealed

Title. Repealed..

108Repealed

Warranty. Repealed..

109Repealed
110Repealed
111Repealed
112Repealed
113Repealed
114Repealed
115Repealed
116Repealed
117Repealed
118Repealed

Miscellaneous. Repealed..

119Repealed
120Repealed
121Repealed
122Repealed
123Repealed

Chapter VIIIOf Indemnity and Guarantee

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

Chapter IXOf Bailment · Bailments of pledges · Suits by bailees or bailors against wrong-doers

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

180Suit by bailor or bailee against wrong-doer
181Apportionment of relief or compensation obtained by such suits

Chapter 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

Appointment and authority of agents

182Agent" 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

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

196Right of person as to acts done for him without his authority
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

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

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

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

Chapter XIOf Partnership

239Repealed.
240Repealed.
241Repealed.
242Repealed.
243Repealed.
244Repealed.
245Repealed.
246Repealed.
247Repealed.
248Repealed.
249Repealed.
250Repealed.
251Repealed.
252Repealed.
253Repealed.
254Repealed.
255Repealed.
256Repealed.
257Repealed.
258Repealed.
259Repealed
260Repealed
261Repealed
262Repealed
263Repealed
264Repealed
265Repealed
266Repealed

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IC Act 104Chapter VII · Stoppage IN Transit. Repealed..Repealed

Section 104 · Repealed

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[Stoppage how effected.] Rep. by s. 65, ibid.

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