Title : Effect of Mixture, with Bailors Consent, of His Goods with Bailees
State : Central
Year : 1872
If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced. View Complete Act List Judgments citing this sectionTitle : Indian Contract Act, 1872
State : Central
Year : 1872
Preamble - THE INDIAN CONTRACT ACT, 1872 Section1 - Short title, extent and Commencement Section2 - Interpretation clause Chapter 1 Section3 - Communication, acceptance and revocation of proposals Section4 - Communication when complete Section5 - Revocation of proposals and acceptance Section6 - Revocation how made Section7 - Acceptance must be absolute Section8 - Acceptance by performing conditions, or receiving consideration Section9 - Promises, express and implied Chapter 2 Section10 - What agreements are contracts Section11 - Who are competent to contract Section12 - What is a sound mind for the purposes of contracting Section13 - Consent defined Section14 - Free consent defined Section15 - Coercion defined Section16 - Undue influence defined Section17 - 'Fraud'..... 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 sectionTitle : What is a Sound Mind for the Purposes of Contracting
State : Central
Year : 1872
A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. Illustrations A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals. A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or..... View Complete Act List Judgments citing this sectionTitle : Contingent Contract Defined
State : Central
Year : 1872
A "contingent contract" is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Illustration A contracts to pay B Rs.10,000 if B's house is burnt. This is a contingent contract. View Complete Act List Judgments citing this sectionTitle : Enforcement of Contracts Contingent on an Event Happening
State : Central
Year : 1872
Contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. Illustrations (a) A makes a contract with B to buy B's horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime. (b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse. (c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void. View Complete Act List Judgments citing this sectionTitle : When Contracts Become Void Which Are Contingent on Happening of Specified Event Within Fixed Time
State : Central
Year : 1872
Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. When contracts may be enforced which are contingent on specified event not happening within fixed time. Contingent contracts to do or not to do anything if a specified uncertain event does not happen within a fixed time, may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen. Illustrations (a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship..... View Complete Act List Judgments citing this sectionTitle : Effect of Refusal of Party to Perform Promise Wholly
State : Central
Year : 1872
When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. Illustration (a) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her 100 rupees for each night's performance. On the sixth night A wilfully absents herself from the theatre. B is at liberty to put an end to the contract. (b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her at the rate of 100 rupees for..... View Complete Act List Judgments citing this sectionTitle : Effect of Default as to That Promise Which Should Be First Performed, in Contract Consisting of Reciprocal Promises
State : Central
Year : 1872
When a contract consists of reciprocal promises, such that one them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract. Illustrations (a) A hires B's ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the..... View Complete Act List Judgments citing this sectionTitle : Effect of Novation, Rescission, and Alteration of Contract
State : Central
Year : 1872
If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. Illustrations (a) A owes money to B under a contract. It is agreed between A, B and C that B shall thenceforth accept C as his debtor, instead of A. The old debt of A to B is at an end, and a new debt from C to B has been contracted. (b) A owes B 10,000 rupees. A enters into an arrangement with B, and gives B a mortgage of his (A's) estate for 5,000 rupees in place of the debt of 10,000 rupees. This is a new contract and extinguishes the old. (c) A owes B 1,000 rupees under a contract. B owes C 1,000 rupees. B orders A to credit C with 1,000 rupees in his books, but C does not assent to the arrangement. B still owes C 1,000 rupees, and..... View Complete Act List Judgments citing this section