Title : 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 : Discharge of Surety by Variance in Terms of Contract
State : Central
Year : 1872
Any variance, made without the surety's consent, in the terms of the contract between the principal 1[debtor] and the creditor, discharges the surety as to transactions subsequent to the variance. Illustrations (a) A becomes surety to C for B's conduct as a manager in C's bank. Afterwards B and C contract, without A's consent, that B's salary shall be raised, and that he shall become liable for one- fourth of the losses on overdrafts. B allows a customer to over-draw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his consent, and is not liable to make good this loss. (b) A guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are defined by an Act of the Legislature. By..... View Complete Act List Judgments citing this sectionTitle : Agent and Principal Defined
State : Central
Year : 1872
An agent is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. View Complete Act List Judgments citing this sectionTitle : 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. View Complete Act List Judgments citing this sectionTitle : Extend of Agents Authority
State : Central
Year : 1872
An agent having an authority to do an act, has authority to do every lawful thing which is necessary in order to do such act. An agent having an authority to carry on a business, has authority to do every lawful thing necessary for the purpose, or usually done in the course, of conducting such business. Illustration (a) A is employed by B, residing in London, to recover at Bombay a debt due to B. A may adopt any legal process necessary for the purpose of recovering the debt, and may give a valid discharge for the same. (b) A constitutes B his agent to carry on his business of a shipbuilder. B may purchase timber and other materials, and hire workmen, for the purpose of carrying on the business. View Complete Act List Judgments citing this sectionTitle : Relation Between Principal and Person Duly Appointed by Agent to Act in Business of Agency
State : Central
Year : 1872
Where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a sub-agent, but an agent of the principal for such part of the business of the agency as is entrusted to him. Illustration (a) A directs B, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C, an auctioneer, to conduct the sale. C is not a sub-agent, but is A's agent for the conduct of the sale. (b) A authorizes B, a merchant in Calcutta, to recover the moneys due to A from C & Co. B instructs D, a solicitor, to take legal proceedings against C & Co. for the recovery of the money. D is not a sub-agent, but is solicitor for A. View Complete Act List Judgments citing this sectionTitle : Ratification of Unauthorized Act Cannot Injure Third Person
State : Central
Year : 1872
An act done by one person on behalf of another, without such other person's authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect. Illustration (a) A, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattel, the property of B, from C, who is in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver. (b) A holds a lease from B, terminable on three months' notice. C, an unauthorized person, gives notice of termination to A. The notice cannot be ratified by B, so as to be binding on A. View Complete Act List Judgments citing this sectionTitle : Revocation Where Authority Has Been Partly Exercised
State : Central
Year : 1872
The principal cannot revoke the authority given to his agent after the authority has been partly exercised so far as regards such acts and obligations as arise from acts already done in the agency. Illustration (a) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A's moneys remaining in B's hands. B buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. A cannot revoke B's authority so far as regards payment for the cotton. (b) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A's moneys remaining in B's hands. B buys 1,000 bales of cotton in A's name, and so as not to render himself personally liable for the price. A can revoke B's authority to pay for the cotton. ..... View Complete Act List Judgments citing this sectionTitle : Repealed
State : Central
Year : 1872
Sections 239-266. [Rep. by the Indian Partnership Act, 1932 (9 of 1932), section 73 and Schedule II.] View Complete Act List Judgments citing this sectionTitle : Agreements in Restraint of Legal Proceedings Void
State : Central
Year : 1872
1[Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent.] Exception 1.- Saving of contract to refer to arbitration dispute that may arise.- This section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred. 2[ * * * ] Exception 2.- Saving of contract to refer questions that have already arisen.- Nor..... View Complete Act List Judgments citing this section