Act 9 of 1872

The Indian Contract Act, 1872

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1872-04-25
  • 268 sections
SectionTitle
1 Short title.Read
2 Interpretation-clause.Read
3 Communication, acceptance and revocation of proposals.Read
4 Communication when complete.Read
5 Revocation of proposals and acceptances.Read
6 Revocation how made.Read
7 Acceptance must be absolute.Read
8 Acceptance by performing conditions, or receiving consideration.Read
9 Promises, express and implied.Read
10 What agreements are contracts.Read
11 Who are competent to contract.Read
12 What is a sound mind for the purposes of contracting.Read
13 "Consent" defined.Read
14 "Free consent" defined.Read
15 "Coercion" defined.Read
16 "Undue influence" defined.Read
17 "Fraud" defined.Read
18 "Misrepresentation" defined.Read
19 Voidability of agreements without free consent.Read
19A Power to set aside contract induced by undue influence.Read
20 Agreement void where both parties are under mistake as to matter of fact.Read
21 Effect of mistakes as to law.Read
22 Contract caused by mistake of one party as to matter of fact.Read
23 What considerations and objects are lawful, and what not.Read
24 Agreement void, if considerations and objects unlawful in part.Read
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. Read
26 Agreement in restraint of marriage, void.Read
27 Agreement in restraint of trade, void.Read
28 Agreements in restraint of legal proceeding void.Read
29 Agreements void for uncertainty.Read
30 Agreements by way of wager, void.Read
31 "Contingent contract" defined.Read
32 Enforcement of contracts contingent on an event happening.Read
33 Enforcement of contracts contingent on an event not happening.Read
34 When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person. Read
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.Read
36 Agreement contingent on impossible events void.Read
37 Obligation of parties to contracts.Read
38 Effect of refusal to accept offer of performance.Read
39 Effect of refusal of party to perform promise wholly.Read
40 Person by whom promise is to be performed.Read
41 Effect of accepting performance from third person.Read
42 Devolution of joint liabilities.Read
43 Any one of joint promisors may be compelled to perform.Read
44 Effect of release of one joint promisor.Read
45 Devolution of joint rights.Read
46 Time for performance of promise, when no application is to be made and no time is specified.Read
47 Time and place for performance of promiseRead
48 Application for performance on certain day to be at proper time and place.Read
49 Place for performance of promise, where no application to be made and no place fixed for performance.Read
50 Performance in manner or at time prescribed or sanctioned by promise.Read
51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.Read
52 Order of performance of reciprocal promises.Read
53 Liability of party preventing event on which the contract is to take effect.Read
54 Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises. Read
55 Effect of failure to perform at fixed time, in contract in which time is essential.Read
56 Agreement to do impossible act.Read
57 Reciprocal promise to do things legal, and also other things illegal.Read
58 Alternative promise, one branch being illegal.Read
59 Application of payment where debt to be discharged is indicated.Read
60 Application of payment where debt to be discharged is not indicated.Read
61 Application of payment where neither party appropriates.Read
62 Effect of novation, rescission, and alteration of contract.Read
63 Promise may dispense with or remit performance of promise.Read
64 Consequences of rescission of voidable contract.Read
65 Obligation of person who has received advantage under void agreement, or contract that becomes void.Read
66 Mode of communicating or revoking rescission of voidable contract.Read
67 Effect of neglect of promisee to afford promisor reasonable facilities for performance.Read
68 Claim for necessaries supplied to person incapable of contracting, or on his account.Read
69 Reimbursement of person paying money due by another, in payment of which he is interested.Read
70 Obligation of person enjoying benefit of non-gratuitous act.Read
71 Responsibility of finder of goods.Read
72 Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.Read
73 Compensation for loss or damage caused by breach of contract.Read
74 Compensation for breach of contract where penalty stipulated for.Read
75 Party rightfully rescinding contract, entitled to compensation.Read
76 Repealed.Read
77 Repealed.Read
78 Repealed.Read
79 Repealed.Read
80 Repealed.Read
81 Repealed.Read
82 Repealed.Read
83 Repealed.Read
84 Repealed.Read
85 Repealed.Read
86 Repealed.Read
87 Repealed.Read
88 Repealed.Read
89 Repealed.Read
90 Repealed.Read
91 Repealed.Read
92 Repealed.Read
93 Repealed.Read
94 Repealed.Read
95 Repealed.Read
96 Repealed.Read
97 Repealed.Read
98 Repealed.Read
99 Repealed.Read
100 Repealed.Read
101 Repealed.Read
102 Repealed.Read
103 Repealed.Read
104 Repealed.Read
105 Repealed.Read
106 Repealed.Read
107 Repealed.Read
108 Repealed.Read
109 Repealed.Read
110 Repealed.Read
111 Repealed.Read
112 Repealed.Read
113 Repealed.Read
114 Repealed.Read
115 Repealed.Read
116 Repealed.Read
117 Repealed.Read
118 Repealed.Read
119 Repealed.Read
120 Repealed.Read
121 Repealed.Read
122 Repealed.Read
123 Repealed.Read
124 "Contract of indemnity" definedRead
125 Rights of indemnity-holder when sued.Read
126 "Contract of guarantee", "surety", "principal debtor" and "creditor".Read
127 Consideration for guarantee.Read
128 Surety's liability.Read
129 "Continuing guarantee".Read
130 Revocation of continuing guarantee.Read
131 Revocation of continuing guarantee by surety's death.Read
132 Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on others default.Read
133 Discharge of surety by variance in terms of contract.Read
134 Discharge of surety by release or discharge of principal debtor.Read
135 Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor.Read
136 Surety not discharged when agreement made with third person to give time to principal debtor.Read
137 Creditor's forbearance to sue does not discharge surety.Read
138 Release of one co-surety does not discharge others.Read
139 Discharge of surety of creditor's act or omission impairing surety's eventual remedy.Read
140 Rights of surety on payment or performance.Read
141 Surety's right to benefit of creditor's securities.Read
142 Guarantee obtained by misrepresentation invalid.Read
143 Guarantee obtained by concealment invalid.Read
144 Guarantee on contract that creditor shall not act on it until co-surety joins.Read
145 Implied promise to indemnify surety.Read
146 Co-sureties liable to contribute equally.Read
147 Liability of co-sureties bound in different sums.Read
148 "Bailment", "bailor" and "bailee" defined.Read
149 Delivery to bailee how made.Read
150 Bailor's duty to disclose faults in goods bailed.Read
151 Care to be taken by bailee.Read
152 Bailee when not liable for loss, etc., of thing bailed.Read
153 Termination of bailment by bailee's act inconsistent with conditions.Read
154 Liability of bailee making unauthorized use of goods bailed.Read
155 Effect of mixture, with bailor's consent, of his goods with bailee's.Read
156 Effect of mixture, without bailor's consent, when the good can be separated.Read
157 Effect of mixture, without bailor's consent, when the goods cannot be separated.Read
158 Repayment, by bailor, of necessary expenses.Read
159 Restoration of goods lent gratuitously.Read
160 Return of goods bailed, on expiration of time or accomplishment of purpose.Read
161 Bailee's responsibility when goods are not duly returned.Read
162 Termination of gratuitous bailment by death.Read
163 Bailor entitled to increase or profit from goods bailed.Read
164 Bailor's responsibility to bailee.Read
165 Bailment by several joint owners.Read
166 Bailee not responsible on re-delivery to bailor without title.Read
167 Right of third person claiming goods bailed.Read
168 Right of finder of goods.Read
169 When finder of thing commonly on sale may sell it.Read
170 Bailee's particular lien.Read
171 General lien of bankers, factors, wharfingers, attorneys and policy-brokers.Read
172 "Pledge", "Pawnor" and "Pawnee" defined.Read
173 Pawnee's right of retainer.Read
174 Pawnee not to retain for debt or promise other than that for which goods pledged.Read
175 Pawnee's right as to extraordinary expenses incurred.Read
176 Pawnee's right where pawnor makes default.Read
177 Defaulting pawnor's right to redeem.Read
178 Pledge by mercantile agent.Read
178A Pledge by person in possession under voidable contract.Read
179 Pledge where pawnor has only a limited interest.Read
180 Suit by bailor or bailee against wrong-doer.Read
181 Apportionment of relief or compensation obtained by such suits.Read
182 "Agent" and "principal" defined.Read
183 Who may employ agent.Read
184 Who may be an agent.Read
185 Consideration not necessary.Read
186 Agent's authority may be expressed or implied.Read
187 Definitions of express and implied authority.Read
188 Extent of agent's authority.Read
189 Agent's authority in an emergency.Read
190 When agent cannot delegate.Read
191 "Sub-agent" defined.Read
192 Representation of principal by sub-agent properly appointed.Read
193 Agent's responsibility for sub-agent appointed without authority.Read
194 Relation between principal and person duly appointed by agent to act in business of agency.Read
195 Agent's duty in naming such person.Read
196 Right of person as to acts done for him without his authority.Read
197 Ratification may be expressed or implied.Read
198 Knowledge requisite for valid ratification.Read
199 Effect of ratifying unauthorized act forming part of a transaction.Read
200 Ratification of unauthorized act cannot injure third person.Read
201 Termination of agency.Read
202 Termination of agency, where agent has an interest in subject-matter.Read
203 When principal may revoke agent's authority.Read
204 Revocation where authority has been partly exercised.Read
205 Compensation for revocation by principal, or renunciation by agent.Read
206 Notice of revocation or renunciation.Read
207 Revocation and renunciation may be expressed or implied.Read
208 When termination of agent's authority takes effect as to agent, and as to third persons.Read
209 Agent's duty on termination of agency by principal's death or insanity.Read
210 Termination of sub-agent's authority.Read
211 Agent's duty in conducting principal's business.Read
212 Skill and diligence required from agent.Read
213 Agent's accounts.Read
214 Agent's duty to communicate with principal.Read
215 Right of principal when agent deals, on his own account, in business of agency without principals consent.Read
216 Principal's right to benefit gained by agent dealing on his own account in business of agency.Read
217 Agent's right of retainer out of sums received on principal's account.Read
218 Agent's duty to pay sums received for principal.Read
219 When agent's remuneration becomes due.Read
220 Agent not entitled to remuneration for business misconducted.Read
221 Agent's lien on principal's property.Read
222 Agent to be indemnified against consequences of lawful acts.Read
223 Agent to be indemnified against consequences of acts done in good faith.Read
224 Non-liability of employer of agent to do a criminal act.Read
225 Compensation to agent for injury caused by principal's neglect.Read
226 Enforcement and consequences of agent's contracts.Read
227 Principal how far bound, when agent exceeds authority.Read
228 Principal not bound when excess of agent's authority is not separable.Read
229 Consequences of notice given to agent.Read
230 Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.Read
231 Rights of parties to a contract made by agent not disclosed.Read
232 Performance of contract with agent supposed to be principal.Read
233 Right of person dealing with agent personally liable.Read
234 Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable.Read
235 Liability of pretended agent.Read
236 Person falsely contracting as agent, not entitled to performance.Read
237 Liability of principal inducing belief that agent's unauthorized acts were authorized.Read
238 Effect, on agreement, of misrepresentation or fraud by agent.Read
239 Repealed..Read
240 Repealed..Read
241 Repealed..Read
242 Repealed..Read
243 Repealed..Read
244 Repealed..Read
245 Repealed..Read
246 Repealed..Read
247 Repealed..Read
248 Repealed..Read
249 Repealed..Read
250 Repealed..Read
251 Repealed..Read
252 Repealed..Read
253 Repealed..Read
254 Repealed..Read
255 Repealed..Read
256 Repealed..Read
257 Repealed..Read
258 Repealed..Read
259 Repealed..Read
260 Repealed..Read
261 Repealed..Read
262 Repealed..Read
263 Repealed..Read
264 Repealed..Read
265 Repealed..Read
266 Repealed..Read
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