LawgistAll Acts
Indian Contract Act
To define and amend certain parts of the law relating to contracts.
| Act Id | 187209 |
| Act Number | 09 |
| Enactment Date | 1872-04-25 |
| Act Year | 1872 |
| Ministry | Ministry of Law and Justice |
| Enforcement Date | 01-09-1872 |
- PRELIMINARY
- OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
- OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
- 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 considerations and objects are lawful, and what not
- Void agreements
- 24 Agreement 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 proceeding void
- 29 Agreements void for uncertainty
- 30 Agreements by way of wager, void
- OF CONTINGENT CONTRACTS
- 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 . When contracts may be enforced, which are contingent on specified event not happening within fixed time
- 36 Agreement contingent on impossible events void
- Contracts which must be performed
- By whom contracts must be performed
- Time and place for performance
- 46 Time for performance of promise, when no application is to be made and no time is specified
- 47 Time and place for performance of promis
- 48 Application for performance on certain day to be at proper time and place
- 49 Place for 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 promise
- Performance of reciprocal promises
- 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
- 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
- Appropriation of payments
- Contracts which need not be performed
- 62 Effect of novation, rescission, and alteration of contract
- 63 Promise 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
- OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
- 68 Claim for necessaries supplied to person incapable of contracting, or on his account
- 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
- OF THE CONSEQUENCES OF BREACH OF CONTRACT
- SALE OF GOODS Repealed
- DELIVERY Repealed..
- SELLER'S LIEN. Repealed..
- STOPPAGE IN TRANSIT. Repealed..
- RESALE. Repealed..
- TITLE. Repealed..
- WARRANTY. Repealed..
- MISCELLANEOUS. Repealed..
- OF INDEMNITY AND GUARANTEE
- 124 "Contract of indemnity" define
- 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 others 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 of 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
- OF BAILMENT
- 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 unauthorized 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 good 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
- 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
- Bailments of pledges
- 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
- 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
- Suits by bailees or bailors against wrong-doers
- Appointment and authority of agents
- Sub-agents
- 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
- Ratification
- Revocation of authority
- 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
- Agent's duty to principal
- 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 principals 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
- Principal's duty to agent
- Effect of agency on contracts with third persons
- 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 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
- OF PARTNERSHIP
- 239 Repealed.
- 240 Repealed.
- 241 Repealed.
- 242 Repealed.
- 243 Repealed.
- 244 Repealed.
- 245 Repealed.
- 246 Repealed.
- 247 Repealed.
- 248 Repealed.
- 249 Repealed.
- 250 Repealed.
- 251 Repealed.
- 252 Repealed.
- 253 Repealed.
- 254 Repealed.
- 255 Repealed.
- 256 Repealed.
- 257 Repealed.
- 258 Repealed.
- 259 Repealed.
- 260 Repealed.
- 261 Repealed.
- 262 Repealed.
- 263 Repealed.
- 264 Repealed.
- 265 Repealed.
- 266 Repealed.
