Contract

1.Short title

2.Interpretation clause

3.Communication, acceptance and revocation of proposals

4.Communication when complete

5.Revocation of Proposals and acceptance

7.Acceptance must be absolute

8.Acceptance by performing conditions, or receiving consideration

9.Promises, express and implied

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.Voidability of agreements without free consent

19A.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 consideration and objects are lawful, and what not—The consideration or object of an agreement is lawful, unless

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

28.Agreements in restraint of legal proceedings, void

29.Agreements void for uncertainty

30.Agreements by way of wager, void

31."Contingent contract" defined

32.Enforcement of contracts contingent on an event happening

33.Enforcement of contracts contingent on an event not happening

34.When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

35.When contracts become void, which are contingent on happening of specified event within fixed time

36.Agreements contingent on impossible event void

37.Obligation of parties to contract

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

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 the performance of promise, where 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 performed, in contract consisting of reciprocal promises

55.Effect of failure to perform at a fixed time, in contract in which time is essential

56.Agreement to do impossible act

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 a 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

68.Claim for necessaries supplied to person incapable of contracting, or on his account. —If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person

69.Reimbursement of person paying money due by another, in payment of which he is interested

70.Obligation of person enjoying benefit of non-gratuitous act

71.Responsibility of finder of goods

72.Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

73.Compensation for loss or damage caused by breach of contract

74.Compensation for breach of contract where penalty stipulated for

75.Party rightfully rescinding contract, entitled to compensation

124."Contract of indemnity" defined

125.Rights of indemnity-holder when sued

126.'Contract of guarantee', 'surety', 'principal debtor' and 'creditor'

127.Consideration for guarantee

128.Surety's liability

129.'Continuing guarantee'

130.Revocation of continuing guarantee

131.Revocation of continuing guarantee by surety's death

132.Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default

133.Discharge of surety by variance in terms of contract

134.Discharge of surety by release or discharge of principal debtor

135.Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor

136.Surety not discharged when agreement made with third person to give time to principal debtor

137.Creditor's forbearance to sue does not discharge surety

138.Release of one co-surety does not discharge others

139.Discharge of surety by creditor's act or omission impairing surety's eventual remedy

140.Rights of surety on payment or performance

141.Surety's right to benefit of creditor's securities

142.Guarantee obtained by misrepresentation, invalid

143.Guarantee obtained by concealment, invalid

144.Guarantee on contract that creditor shall not act on it until co-surety joins

145.Implied promise to indemnify surety

146.Co-sureties liable to contribute equally

147.Liability of co-sureties bound in different sums

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

178.Pledge by mercantile agent

178A.Pledge by person in possession under voidable contract

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

182.'Agent' and 'principal' defined

183.Who may employ agent

184.Who may be an agent—As between the principal and third person any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf herein contained

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

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 misconducted

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

231.Right 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