THE INDIAN CONTRACT ACT, 1872. ACT NO. 9 OF 1872, 25th April, 1872.
Preamble—WHEREAS it is expedient to define and amend certain parts of the law relating to contracts; It is hereby enacted as follows:—
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| Sections | Particulars |
| Preliminary | |
| 1 | Short title |
| 2 | Interpretation-clause |
| Chapter I | Communication, Acceptance and Revocation of Proposals |
| 3 | Communication, acceptance and revocation of proposals |
| 4 | Communication when complete |
| 5 | Revocation of proposals and acceptances |
| 6 | Revocation how made |
| 7 | Acceptance must be absolute |
| 8 | Acceptance by performing conditions, or receiving consideration |
| 9 | Promises, express and implied |
| Chapter II | 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 consideration 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 |
| 28 | Agreements in restraint of legal proceedings, void |
| 29 | Agreements void for uncertainty |
| 30 | Agreements by way of wager, void |
| Chapter III | Contingent Contracts |
| 31 | “Contingent contract” defined |
| 32 | Enforcement of contracts contingent on an event happening |
| 33 | Enforcement of contract 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 events, void |
| Chapter IV | Performance of Contracts which must be Performed |
| 37 | Obligations 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 |
| 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 contract is to take effect |
| 54 | Effect of default as to the promise which should be 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 | Alterative 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 | Promise may dispense with or remit performance of promise |
| 64 | Consequence 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 |
| Chapter V | 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 |
| Chapter VI | The Consequences of Breach of Contract |
| 73 | Compensation of 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 |
| Chapter VII | Sections 76-123 |
| Chapter VIII | Indemnity and Guarantee |
| 124 | “Contract of indemnity” defined |
| 125 | Right 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 |
| Chapter IX | 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 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 | Bailer 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 redelivery to bailor without title |
| 167 | Right of third person claiming goods bailed |
| 168 | Right of finder of goods may sue for specified 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 | Appointment of relief or compensation obtained by such suits |
| Chapter X | Agency Appointment and Authority of agents |
| 182 | “Agent” and “principal” defined or to represent another |
| 183 | Who may employ agent |
| 184 | Who may be an agent |
| 185 | Consideration not necessary |
| 186 | Agent’s authority may be express 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 contract |
| 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 |
| Chapter XI | Of Partnership [ Repealed by the Indian Partnership Act, 1932 (9 of 1932)] |
| Schedule | Enactments [Repealed by the Repealing and Amending Act, 1914 (10 of 1914)] |