Title : Co-sureties Liable to Contribute Equally
State : Central
Year : 1872
Where two or more persons are co- sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts; and whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor.1 Illustrations (a) A, B and C are sureties to D for the sum of 3,000 rupees lent to E. E makes default in payment. A, B and C are liable, as between themselves, to pay 1,000 rupees each. (b) A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to be responsible to the extent of one-quarter, B to the..... View Complete Act List Judgments citing this sectionTitle : Performance of Contract with Agent Supposed to Be Principal
State : Central
Year : 1872
Where one man makes a contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent, the principal, if he requires the performance of the contract, can only obtain such performance subject to the rights and obligations subsisting between the agent and the other party to the contract. Illustration A, who owes 500 rupees to B, sells 1,000 rupees worth of rice to B. A is acting as agent for C in the transaction, but B has no knowledge nor reasonable ground of suspicion that such is the ease. C cannot compel B to take the rice without allowing him to set-off A's debt. View Complete Act List Judgments citing this sectionTitle : Communication when Complete
State : Central
Year : 1872
The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer. The communication of a revocation is complete, as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; Illustrations (a) A proposes, by letter, to sell a house to B at a certain price. The communication of the proposal is complete when B receives the letter. (b) B accepts A's proposal by a letter sent by..... View Complete Act List Judgments citing this sectionTitle : Revocation of Proposals and Acceptance
State : Central
Year : 1872
(1) A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. (2) An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. Illustrations (a) A proposes, by a letter sent by post, to sell his house to B. (b) B accepts the proposal by a letter sent by post. (c) A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. (d) B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not afterwards. View Complete Act List Judgments citing this sectionTitle : Revocation How Made
State : Central
Year : 1872
A proposal is revoked (1) by the communication of notice of revocation by the proposer to the other party; (2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance; (3) by the failure of the acceptor to fulfill a condition precedent to acceptance; or (4) by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance. View Complete Act List Judgments citing this sectionTitle : Acceptance Must Be Absolute
State : Central
Year : 1872
In order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance. View Complete Act List Judgments citing this sectionTitle : Acceptance by Performing Conditions, or Receiving Consideration
State : Central
Year : 1872
Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. View Complete Act List Judgments citing this sectionTitle : 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. View Complete Act List Judgments citing this sectionTitle : Consent Defined
State : Central
Year : 1872
Two or more persons are said to consent when they agree upon the same thing in the same sense. View Complete Act List Judgments citing this sectionTitle : Undue Influence Defined
State : Central
Year : 1872
1[16. 'Undue influence' defined (1) A Contract is said to be induced by `undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. (2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another- (a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. (3) Where a person who is in a position to..... View Complete Act List Judgments citing this section