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Start Free TrialIndian Contract Act, 1872 Complete Act
Title: Indian Contract Act, 1872
State: Central
Year: 1872
.....- Ratification may be expressed or implied Section198 - Knowledge requisite for valid ratification Section199 - Effect of ratifying unauthorized act forming part of a transaction Section200 - Ratification of unauthorized act cannot injure third person Section201 - Termination of agency Section202 - Termination of agency, where agent has an interest in subject-matter Section203 - When principal may revoke agents authority Section204 - Revocation where authority has been partly exercised Section205 - Compensation for revocation by principal, or renunciation by agent Section206 - Notice of revocation or renunciation Section207 - Revocation and renunciation may be expressed or implied Section208 - When termination of agents authority takes effect as to agent and as to third persons Section209 - Agents duty on termination of agency by principals death or insanity Section210 - Termination of sub-agents authority Section211 - Agents duty in conducting principals business Section212 - Skill and diligence required from agent Section213 - Agents accounts Section214 - Agents duty to communicate with principal Section215 - Right of principal when agent deals, on his own.....
List Judgments citing this sectionIndian Contract Act, 1872 Section 174
Title: Pawnee Not to Retain for Debt or Promise Other Than That for Which Goods Pledged. Presumption in Case of Subsequent Advances
State: Central
Year: 1872
The pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged; but such contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 65
Title: Obligation of Person Who Has Received Advantage Under Void Agreement, or Contract That Becomes Void
State: Central
Year: 1872
.....of rice before the first of May. A delivers 130 maunds only before that day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them. (c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her a hundred rupees for each night's performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung. (d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the 1,000 rupees paid in advance
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 173
Title: Pawnees Right of Retainer
State: Central
Year: 1872
The pawnee may retain the goods pledged, not only for payment of the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 217
Title: Agents Right of Retainer out of Sums Received on Principals Account
State: Central
Year: 1872
An agent may retain, out of any sums received on account of the principal in the business of the agency, all moneys due to himself in respect of advances made or expenses properly incurred by him in conducting such business, and also such remuneration as may be payable to him for acting as agent.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Chapter 2
Title: Of Contracts, Voidable Contracts and Void Agreements
State: Central
Year: 1872
.....him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent. Explanation.-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2 , or unless his silence is, in itself, equivalent to speech. Illustrations (a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A. (b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound. (c) B says to A-"If you do not deny it, I shall assume that the horse is sound." A says nothing. Here, A's silence is equivalent to speech. (d) A and B, being.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Chapter 6
Title: Of the Consequences of Breach of Contract
State: Central
Year: 1872
.....in advance. A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference between the contract price of the iron and the sum for which A could have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A's mill, informing B that his mill is stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 73
Title: Compensation for Loss or Damage Caused by Breach of Contract
State: Central
Year: 1872
.....in advance. A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference between the contract price of the iron and the sum for which A could have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A's mill, informing B that his mill is stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 28
Title: Agreements in Restraint of Legal Proceedings Void
State: Central
Year: 1872
.....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. [ * * * ] Exception 2.-Saving of contract to refer questions that have already arisen.-Nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration. 2. The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, section 2 and Schedule 3. Cf. the Arbitration Act, 1940 (10 of 1940) and the Companies Act, 1956 (1 of 1956), section 389.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 19
Title: Voidability of Agreement Without Free Consent
State: Central
Year: 1872
.....a contract voidable. Illustrations (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (b) A, by a misrepresentation, leads B erroneously to believe that five hundred maunds of indigo are made annually at A's factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this B buys the factory. The contract is not voidable on account of A's misrepresentation. (c) A fraudulently informs B that A's estate is free from encumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed. (d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through A's ignorance B is enabled to buy the estate at an undervalue. The contract is voidable at the option of A. (e) A is entitled to succeed to an estate at the death of B, B dies; C, having received intelligence of B's death,.....
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