Implied Covenants - Bare Acts

Indian Contract Act, 1872 Complete Act

Title: Indian Contract Act, 1872

State: Central

Year: 1872

.....Section19A - Power to set aside contract induced by undue influence Section20 - Agreement void where both parties are under mistake as to matter of fact Section21 - Effect of mistakes as to law Section22 - Contract caused by mistake of one party as to matter of fact Section23 - What considerations and objects are lawful and what not Section24 - Agreements void, if considerations and objects unlawful in part Section25 - 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 Section26 - Agreement in restraint of marriage void Section27 - Agreement in restraint of trade void Section28 - Agreements in restraint of legal proceedings void Section29 - Agreements void for uncertainty Section30 - Agreements by way of wager void Chapter 3 Section31 - Contingent contract defined Section32 - Enforcement of contracts contingent on an event happening Section33 - Enforcement of contracts contingent on an event not happening Section34 - When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person .....

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Indian Contract Act, 1872 Section 197

Title: Ratification May Be Expressed or Implied

State: Central

Year: 1872

Ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. Illustration (a) A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B's conduct implies a ratification of the purchase made for him by A. (b) A, without B's authority, lends B's money to C. Afterwards B accepts interest on the money from C. B's conduct implies a ratification of the loan.

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Indian Contract Act, 1872 Section 145

Title: Implied Promise to Indemnify Surety

State: Central

Year: 1872

.....as well as the principal debt. (b) C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the amount. C, the holder of the bill, demands payment of it from A, and, on A's refusal to pay, sues him upon the bill. A, not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action. (c) A guarantees to C, to the extent of 2,000 rupees, payment for rice to be supplied by C to B. C supplies to B rice to a less amount than 2,000 rupees, but obtains from A payment of the sum of 2,000 rupees in respect of the rice supplied. A cannot recover from B more than the price of the rice actually supplied.

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Indian Contract Act, 1872 Section 187

Title: Definitions of Express and Implied Authority

State: Central

Year: 1872

An authority is said to be express when it is given by words spoken or written. An authority is said to be implied when it is to be inferred from the circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. Illustration A owns a shop in Serampur, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A's funds with A's knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.

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Indian Contract Act, 1872 Section 207

Title: Revocation and Renunciation May Be Expressed or Implied

State: Central

Year: 1872

Revocation and renunciation may be expressed or may be implied in the conduct of that principal or agent respectively. Illustration A empowers B to let A's house. Afterwards A lets it himself. This is an implied revocation of B's authority.

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Indian Contract Act, 1872 Section 9

Title: Promises, Express and Implied

State: Central

Year: 1872

In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

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Indian Contract Act, 1872 Section 186

Title: Agents Authority May Be Expressed or Implied

State: Central

Year: 1872

The authority of an agent may be expressed or implied.1 _______________________ 1. See, however, the Registration Act,1908 (16 of 1908), section 33; See also the Code of Civil Procedure, 1908 (5 of1908), Schedule I, Order III Rule 4.

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Indian Contract Act, 1872 Chapter 6

Title: Of the Consequences of Breach of Contract

State: Central

Year: 1872

.....caused to B by the closing of the mill. (q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making preparation for the manufacture. (r) A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A's ship, sailing on the first of January, and B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the expense to which he is put.....

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Indian Contract Act, 1872 Section 73

Title: Compensation for Loss or Damage Caused by Breach of Contract

State: Central

Year: 1872

.....caused to B by the closing of the mill. (q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making preparation for the manufacture. (r) A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A's ship, sailing on the first of January, and B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the expense to which he is put.....

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Contract Labour (Regulation and Abolition) Act, 1970 Chapter V

Title: Welfare and Health of Contract Labour

State: Central

Year: 1970

.....employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. Section 21 - Responsibility for payment of wages (1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. (2) Every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. (3) It shall be the duty of the contractor or ensure the disbursement of wages in the presence of the authorised representative of the principal employer. (4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from.....

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