Title : Liability of Two Persons, Primarily Liable, Not Affected by Arrangement Between Them That One Shall Be Surety on Others Default
State : Central
Year : 1872
Where two persons contract with a third person to undertake a certain liability, and also contract with each other that one of them shall be liable only on the default of the other, third person not being a party to such contract, the liability of each of such two persons to the third person under the first contract is not affected by the existence of the second contract, although such third person may have been aware of its existence. Illustration A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a suit by C against A upon the note. View Complete Act List Judgments citing this sectionTitle : Who Are Competent to Contract
State : Central
Year : 1872
Every person is competent to contract who is of the age of majority according to the law to which he is subject1, and who is of sound mind and is not disqualified from contracting by any law to which he is subject. ______________________ 1. See the Indian Majority Act, 1875 (9 of 1875). View Complete Act List Judgments citing this sectionTitle : Contract Caused by Mistake of One Party as to Matter of Fact
State : Central
Year : 1872
A contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact. View Complete Act List Judgments citing this sectionTitle : Agreements Void for Uncertainty
State : Central
Year : 1872
Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations (a) A agrees to sell to B "a hundred tons of oil". There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. (b) A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no uncertainty here to make the agreement void. (c) A, who is a dealer in coconutoil only, agrees to sell to B "one hundred tons of oil". The nature of A's trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of coconutoil. (d) A agrees to sell to B "all the grain in my granary at Ramnagar". There is no uncertainty here to make the..... View Complete Act List Judgments citing this sectionTitle : Person by Whom Promise is to Be Performed
State : Central
Year : 1872
If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it. Illustrations (a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so. (b) A promises to paint a picture for B. A must perform this promise personally. View Complete Act List Judgments citing this sectionTitle : Devolution of Joint Liabilities
State : Central
Year : 1872
When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise. View Complete Act List Judgments citing this sectionTitle : Time for Performance of Promise, Where No Application is to Be Made and No Time is Specified
State : Central
Year : 1872
Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time. Explanation.The question "what is a reasonable time" is, in each particular case, a question of fact. View Complete Act List Judgments citing this sectionTitle : Liability of Party Preventing Event on Which the Contract is to Take Effect
State : Central
Year : 1872
When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented: and he is entitled to compensation1from the other party for any loss which he may sustain in consequence of the non-performance of the contract. Illustration A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance. ______________________ 1. See section 73, infra. View Complete Act List Judgments citing this sectionTitle : Effect of Failure to Perform at a Fixed Time, in Contract in Which Time is Essential
State : Central
Year : 1872
When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract. Effect of such failure when time is not essential If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Effect of acceptance of performance..... View Complete Act List Judgments citing this sectionTitle : Reciprocal Promise to Do Things Legal, and Also Other Things Illegal
State : Central
Year : 1872
Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement. Illustration A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it. The first, set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract. The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement. View Complete Act List Judgments citing this section