Title : Care to Be Taken by Bailee
State : Central
Year : 1872
1 151. Care to be taken by bailee In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.2 _______________________ 1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act 2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words "in the absence of any special contract" in section 152, see section 40(1) of the Act. 2. As to railway contracts see the Indian Railways Act, 1890 (9 of 1890), section 72. [Ed. The Indian Railways Act, 1890 (9 of 1890) has been repealed by the..... View Complete Act List Judgments citing this sectionTitle : Bailee when Not Liable for Loss, Etc. , of Thing Bailed
State : Central
Year : 1872
1 152. Bailee when not liable for loss, etc. , of thing bailed The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151. _______________________ 1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act 2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words "in the absence of any special contract" in section 152, see section 40(1) of the Act. 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 : Pledge by Mercantile Agent
State : Central
Year : 1872
1 [178. Pledge by mercantile agent Wherea mercantile agent is, with the consent of the owner, in possession of goods orthe document of title to goods, any pledge made by him, when acting in theordinary course of business of a mercantile agent, shall be as valid as if hewere expressly authorised by the owner of the goods to make the same; providedthat the pawnee acts in good faith and has not at the time of the pledge noticethat the pawnor has not authority to pledge. Explanation.-In this section, the expressions 'mercantile agent' and 'documents of title'shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930(3 of 1930). _______________________ 1. Section178 and 178A Substituted by Act 4 of 1930, section 2, for the original section178. View Complete Act List Judgments citing this sectionTitle : Non-liability of Employer of Agent to Do a Criminal Act
State : Central
Year : 1872
Where one person employs another to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that Act.1 Illustration (a) A employs B to beat C, and agrees to indemnify him against all consequences of the act. B thereupon beats C, and has to pay damages to C for so doing. A is not liable to indemnify B for those damages. (b) B, the proprietor of a newspaper, publishes, at A's request, a libel upon C in the paper, and A agrees to indemnify B against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to pay damages, and also incurs expenses. A is not liable to B upon the indemnity. _______________________ 1...... View Complete Act List Judgments citing this sectionTitle : The Indian Contract Act, 1872
State : Central
Year : 1872
THE INDIAN CONTRACT ACT, 1872 [Act, No. 9 OF 1872]1 [25th April, 1872] PREAMBLE Whereas it is expedient to define and amend certain parts of the law relating to contracts; It is hereby enacted as follows:-- ______________________ 1. The Chapters and sections of the Transfer of Property Act, 1882 (4 of 1882), which relate to contracts are, in places in which that Acts, is in force, to be taken as part of this Act-See Act 4 of 1882, section 4. This Act has been extended to and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963, section 2 and Schedule I (w.e.f. 1-7-1965),to Goa, Daman and Diu by Regulation 11 of 1963, section 3 and Schedule,to the whole of the Union Territory of Lakshadweepby Regulation 8 of 1965, section 3 and Schedule, to the Union..... View Complete Act List Judgments citing this sectionTitle : Of Contracts, Voidable Contracts and Void Agreements
State : Central
Year : 1872
All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall affect any law in force in 1 [India] and not hereby expressly repealed, by which any contract is required to be made in writing2 or in the presence of witnesses, or any law relating to registration of documents. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "Part A States and Part C States" which had been Substituted by the A.O. 1950, for "the Provinces". 2. See e.g., section 25, the Copyright Act, 1957 (14 of 1957), section 19, the Carriers Act, 1865 (3 of 1865) sections 6 and 7; the Companies Act, 1956 (1 of..... View Complete Act List Judgments citing this sectionTitle : Of Bailment
State : Central
Year : 1872
A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the bailor. The person to whom they are delivered is called the bailee. Explanation.If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment. Section 149 - Delivery to bailee how made The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or..... View Complete Act List Judgments citing this sectionTitle : Of Contingent Contracts
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. Section 32 - Enforcement of contracts contingent on an event happening 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..... View Complete Act List Judgments citing this sectionTitle : Of the Consequences of 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