Title : Misrepresentation Defined
State : Central
Year : 1872
(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him; (3) causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement. View Complete Act List Judgments citing this sectionTitle : Agreement Void Where Both Parties Are Under Mistake as to Matter of Fact
State : Central
Year : 1872
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. Explanation.-An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement is not to be deemed a mistake as to a matter of fact. Illustrations (a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the facts. The agreement is void. (b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void. (c) A, being..... View Complete Act List Judgments citing this sectionTitle : Agreements Void, if Considerations and Objects Unlawful in Part
State : Central
Year : 1872
Ifany part of a single consideration for one or more objects, or any one or anypart of any one of several considerations for a single object, is unlawful, theagreement is void. Illustration Apromises to superintend, on behalf of B, a legal manufacture of indigo, and anillegal traffic in other articles. B promises to pay to A a salary of 10,000rupees a year. The agreement is void, the object of A's promise, and theconsideration for B's promise, being in part unlawful. View Complete Act List Judgments citing this sectionTitle : Agreement in Restraint of Marriage Void
State : Central
Year : 1872
Every agreement in restraint of the marriage of any person, other than a minor, is void. View Complete Act List Judgments citing this sectionTitle : Agreement Contingent on Impossible Event Void
State : Central
Year : 1872
Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made. Illustrations (a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void. (b) A agrees to pay B 1,000 rupees if B will marry A's daughter C.C was dead at the time of the agreement. The agreement is void. View Complete Act List Judgments citing this sectionTitle : Effect of Accepting Performance from Third Person
State : Central
Year : 1872
When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor. View Complete Act List Judgments citing this sectionTitle : Time and Place for Performance of Promise, Where Time is Specified and No Application to Be Made
State : Central
Year : 1872
When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise. View Complete Act List Judgments citing this sectionTitle : Application for Performance on Certain Day to Be at Proper Time and Place
State : Central
Year : 1872
When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation. The question "what is a proper time and place" is, in each particular case, a question of fact. View Complete Act List Judgments citing this sectionTitle : Place for the Performance of Promise, Where No Application to Be Made and No Place Fixed for Performance
State : Central
Year : 1872
When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place. Illustration A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place. View Complete Act List Judgments citing this sectionTitle : Performance in Manner or at Time Prescribed or Sanctioned by Promisee
State : Central
Year : 1872
The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions. Illustrations (a) B owes A 2,000 rupees. A desires B to pay the amount to A's account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A's credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B. (b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other. (c) A owes B 2,000 rupees. B accepts some of A's goods in reduction of the debt. The..... View Complete Act List Judgments citing this section