ACT NO. IX OF 1872Year 187225th April, 1872

The Contract Act,

11Chapters
208Sections
II
Chapter II

OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

25
10
What agreements are contracts
11
Who are competent to contract
12
What 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
19
Void ability of agreements without free consent
22
Power to set aside contract induced by undue influence
20
Agreement void where both parties are under mistake as to matter of fact
21
Effect of mistakes as to law
22
Contract caused by mistake of one party as to matter of fact
23
What considerations and objects are lawful and what not
24
Agreements void, if considerations and objects unlawful in part
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
26
Agreement in restraint of marriage void
27
Agreement in restraint of trade void Saving of agreement not to carry on business of which good- will is sold
28
Agreements in restraint of legal proceedings void Saving of contract to refer to arbitration dispute that may arise Suits barred by such contracts Saving of contract to refer questions that have already arisen
29
Agreements void for uncertainty
30
Agreements by way of wager void Exceptions in favour of certain prizes for horse-racing. Section 294A of the Penal Code not affected
34
Agreements collateral to wagering agreements void
30B
No suit for recovery of money, commission etc., in respect of void agreements
30C
Payment by guardian, executor, etc., in respect of void agreements not to be allowed credit
IV
Chapter IV

OF THE PERFORMANCE OF CONTRACTS

35
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
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 Each promisor may compel contribution Sharing of loss by default in contribution
44
Effect of release of one joint promisor
45
Devolution of joint rights
46
Time for performance of promise where 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 were no application to be made and no place fixed for performance
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
63
Effect of such failure when time is not essential
64
Effect of acceptance of performance at time other than that agreed upon
56
Agreement to do impossible act
66
Contract to do act afterwards becoming impossible or unlawful
67
Compensation for loss through non-performance of act known to be impossible or unlawful
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
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 promise
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
VII
Chapter VII

SALE OF GOODS

1
IX
Chapter IX

OF BAILMENT

35
148
"Bailment", "bailor", and "bailee" defined
149
Delivery to bailee how made
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 unauthorised 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
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
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 pawnor's right to redeem
178A
Pledge by person in possession under voidable contract
144
Pledge by mercantile agent
179
Pledge where pawnor has only a limited interest
180
Suit by bailor or bailee against wrong-doer
181
Apportionment of relief or compensation obtained by such suits
X
Chapter X

AGENCY

60
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
190
When agent cannot delegate
191
"Sub-agent" defined
192
Representation of principal by sub-agent properly appointed
159
Agent's responsibility for sub-agent
160
Sub-agent's responsibility
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
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
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
220
Agent not entitled to remuneration for business mis-conducted
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
230
Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
199
Presumption of contract to contrary
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 or fraud by agent
XI
Chapter XI

OF PARTNERSHIP

1