• 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

  • 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
  • By whom contracts must be performed

  • 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
  • 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

  • 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
  • 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

  • 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
  • SALE OF GOODS Repealed

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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed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     Repealed
  • DELIVERY Repealed..

  • 90
     Repealed
  • 91
     Repealed
  • 92
     Repealed
  • 93
     Repealed
  • 94
     Repealed
  • SELLER'S LIEN. Repealed..

  • 95
     Repealed
  • 96
     Repealed
  • 97
     Repealed
  • 98
     Repealed
  • STOPPAGE IN TRANSIT. Repealed..

  • 99
     Repealed
  • 100
     Repealed
  • 101
     Repealed
  • 102
     Repealed
  • 103
     Repealed
  • 104
     Repealed
  • 105
     Repealed
  • 106
     Repealed
  • RESALE. Repealed..

  • 107
     Repealed
  • TITLE. Repealed..

  • 108
     Repealed
  • WARRANTY. Repealed..

  • 109
     Repealed
  • 110
     Repealed
  • 111
     Repealed
  • 112
     Repealed
  • 113
     Repealed
  • 114
     Repealed
  • 115
     Repealed
  • 116
     Repealed
  • 117
     Repealed
  • 118
     Repealed
  • MISCELLANEOUS. Repealed..

  • 119
     Repealed
  • 120
     Repealed
  • 121
     Repealed
  • 122
     Repealed
  • 123
     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

  • 180
     Suit by bailor or bailee against wrong-doer
  • 181
     Apportionment of relief or compensation obtained by such suits
  • Appointment and authority of agents

  • 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
  • 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

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

  • 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
  • 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.