Title : Obligation of Person Who Has Received Advantage Under Void Agreement, or Contract That Becomes Void
State : Central
Year : 1872
When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it. Illustrations (a) A pays B 1,000 rupees in consideration of B's promising to marry C, A's daughter. C is dead at the time of the promise. The agreement is void, but B must repay A the 1,000 rupees. (b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them. (c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week..... View Complete Act List Judgments citing this sectionTitle : Mode of Communicating or Revoking Rescission of Voidable Contract
State : Central
Year : 1872
The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.1 ______________________ 1. See section 3 and 5, supra. View Complete Act List Judgments citing this sectionTitle : Effect of Neglect of Promisee to Afford Promisor Reasonable Facilities for Performance
State : Central
Year : 1872
If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby. Illustration A contracts with B to repair B's house. B neglects or refuses to point out to A the places in which his house requires repair. A is excused for the non-performance of the contract if it is caused by such neglect or refusal. View Complete Act List Judgments citing this sectionTitle : Of Certain Relations Resembling Those Created by Contract
State : Central
Year : 1872
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.1 Illustrations (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property. (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B's property. _______________________ 1. The property of a Government ward in the Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899 (C.P. Act 24 of 1899), section..... View Complete Act List Judgments citing this sectionTitle : Claim for Necessaries Supplied to Person Incapable of Contracting, or on His Account
State : Central
Year : 1872
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.1 Illustrations (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property. (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B's property. _______________________ 1. The property of a Government ward in the Madhya Pradesh is not liable under this section, see the C.P. Court of Wards Act, 1899 (C.P. Act 24 of 1899), section..... View Complete Act List Judgments citing this sectionTitle : Reimbursement of Person Paying Money Due by Another, in Payment of Which He is Interested
State : Central
Year : 1872
A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. Illustration B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of B's lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A. A is bound to make good to B the amount so paid. View Complete Act List Judgments citing this sectionTitle : Obligation of Person Enjoying Benefit of Non-gratuitous Act
State : Central
Year : 1872
Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.1 Illustrations (a) A, a tradesman, leaves goods at B's house by mistake. B treats the goods as his own. He is bound to pay A for them. (b) A saves B's property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to act gratuitously. _______________________ 1 . As to suits by minors under section 70 in Presidency Small Clause Courts see the Presidency Small Cause Courts Act, 1882 (15 of 1882), section 32. View Complete Act List Judgments citing this sectionTitle : Responsibility of Finder of Goods
State : Central
Year : 1872
A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.1 _______________________ 1 . See section 151 and 152, infra. View Complete Act List Judgments citing this sectionTitle : Liability of Person to Whom Money is Paid or Thing Delivered by Mistake or Under Coercion
State : Central
Year : 1872
A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. Illustrations (a) A and B jointly owe 100 rupees to C, A alone Pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B. (b) A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive. View Complete Act List Judgments citing this sectionTitle : Compensation for Loss or Damage Caused by Breach of Contract
State : Central
Year : 1872
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in..... View Complete Act List Judgments citing this section