The Indian Contract Act, 1872

The The Indian Contract Act, 1872, with its 190 sections listed below.

Act number

9 of 1872

Year

1872

Published by

India Code · Government of India

Edition

India Code source copy; consolidation date not certified

Sections

• 1. Short title
• 2. Interpretation-clause
• 3. Communication, acceptance and revocation of proposals
• 4. Communication when complete
• 5. Revocation of proposals and acceptances
• 6. Revocation how made
• 7. Acceptance must be absolute
• 8. Acceptance by performing conditio ns, or receiving consideration
• 9. Promises, express and implied
• 10. What agreements are contracts
• 11. Who are competent to contract
• 12. What is a sound mind f or the purposes of contracting
• 13. “Consent” defined
• 14. “Free consent” defined
• 15. “Coercion” defined
• 16. “Undue influence” defined
• 17. “Fraud” defined
• 18. “Misrepresentation” defined
• 19. Voidability of agreements without free consent
• 19A. Power to set aside contract induced by undue influence
• 20. Agreement void where both parties are under mistake as to matter of fact
• 21. Effect of mistakes as to law
• 22. Contract caused by mistake of one party as to matter of fact
• 23. What considerations and objects are lawful, and what not
• 24. Agreements void, if consideration s and objects unlawful in part
• 25. Section 25 Contract Act
• 26. Agreement in restraint of marriage, void
• 27. Agreement in restraint of trade, void
• 28. Agreements in restraint of legal proceedings, void
• 29. Agreements void for uncertainty
• 30. Agreements by way of wager void
• 31. “Contingent contract ” defined
• 32. Enforcement of contracts con tingent on an event happening
• 33. Enforcement of contracts contingent on an event not happening
• 34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
• 35. When contracts become void which are contingent on hap pening of spe cified event within fixed time
• 36. Agreement contingent on impossible events void
• 37. Obligation of parties to contracts
• 38. Effect of refusal to accept offer of performance
• 39. Effect of refusal of party to p erform promise wholly
• 40. Person by w hom promise is to be performed
• 41. Effect of accepting performance from third pers on
• 42. Devolution of joint liabilities
• 43. Any one of joint promisors may be compelled to perform
• 44. Effect of release of one joint promisor
• 45. Devolution of joint rights
• 46. Time for performance of promise, when no application is to be made and no time is specified
• 47. Time and place for performance of promise, where time is specified and no application to be made
• 48. Application for performance on certain day to be at proper time and place
• 49. Place for performance of promise, where no application to be made and no place fixed for performance
• 50. Performance in manner or at time prescr ibed or sanctioned by promisee
• 51. Promisor not bound to perform, unless reciprocal promise e ready and willing to perform
• 52. Order of performance of reciprocal promises
• 53. Liability of party preventing event on which the contract is to take effect
• 54. Effect of default as to that promise which should be first performed, in contract con sisting of reciprocal promises
• 55. Effect of failure to perform at fixed time, in contr act in which time is essential
• 56. Agreement to do impossible act
• 57. Reciprocal promise to do things legal, and also other things illegal
• 58. Alternative pro mise, one branch being illegal
• 59. Application of payment where debt to be discharged is indicated
• 60. Application of payment where debt to be discharged is not indicated
• 61. Application of payment whe re neither party appropriates
• 62. Effect of novation, rescissio n, and alteration of contract
• 63. Promisee may dispense with or remit performance of promise e
• 64. Consequences of rescission of voidable contract
• 65. Obligation of person who has received advantage under void agreem ent, or contract that becomes void
• 66. Mode of communicating or revoking r escission of voidable contract
• 67. Effect of neglect of promisee to afford promisor reasonable facilities f or performance
• 68. Claim for necessaries supplied to person incapable of contracting, or on hi s account
• 69. Reimbursement of person paying money due by another, in pay ment of which he is interested
• 70. Obligation of person enjoying benefit of non -gratuitous act
• 71. Responsibility of finder of goods
• 72. Liability of person to whom money is paid, or thing delivere d, by mistake or under coercion
• 73. Compensation for loss or damage caused by breach of contract
• 74. Compensation for breach of contrac t where penalty stipulated for
• 75. Party rightfully rescinding cont ract, entitled to compensation
• 124. “Contract of indemnity” defined
• 125. Rights of indemnity -holder wh en sued
• 126. “Contract of guarantee ”, “surety”, “principal debtor ” and “creditor”
• 127. Consideration for guarantee
• 128. Surety’s liability
• 129. “Continuing guarantee”
• 130. Revocation of continuing guarantee
• 131. Revocation of continuing guarantee by surety ’s death
• 132. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other ’s default
• 133. Discharge of surety by variance in terms of contract
• 134. Discharge of surety by release or discharge of principal debtor
• 135. Discharge of surety when creditor compounds with, gives time to, or agree s not to sue, principal debtor
• 136. Surety not discharged when agreement made with third person to give time to pri ncipal debtor
• 137. Creditor’s forbearance to sue does not discharge surety
• 138. Release of one co-surety does not discharge others
• 139. Discharge of surety by creditor ’s act or omission impairing surety ’s eventual remedy
• 140. Rights of surety on payment or performance
• 141. Surety’s right to benefit of creditor ’s securities
• 142. Guarantee obtained by misrepresentation invalid
• 143. Guarantee obtained by concealment invalid
• 144. Guarantee on contract that creditor shall not a ct on it until co -surety joins
• 145. Implied promise to indemnify surety
• 146. Co-sureties liable t o contribute equally
• 147. Liability of co-sureties bound in different sums
• 148. “Bailment”“bailor” and “bailee” defined
• 149. Delivery to bailee how made
• 150. Bailor’s duty to d isclose faults in goods bailed
• 152. Bailee when not liable for loss, etc., of thing bailed
• 153. Termination of bailment by bailee ’s act inconsistent with conditions
• 154. Liability of bailee making unauthorized use of goods bailed
• 155. Effect of mixture, with bailor ’s consent, of his goods with bailee ’s
• 156. Effect of mixture without bailor’s consent, when the goods can be separated
• 157. Effect of mixture, without bailor ’s consent, when the goods cannot be separated
• 158. Repayment, by bailor, of necessary expenses
• 159. Restoration of goods lent gratuitously
• 160. Return of goods bailed, on expiration of time or acc omplishment of purpose
• 162. Termination of gratuitous bailment by death
• 163. Bailor entitled to increase or profit from goods bailed
• 164. Bailor’s responsibility to bailee
• 165. Bailment by several joint owners
• 166. Bailee not responsible on re -delivery to bailor without title
• 167. Right of third person claiming goods bailed
• 168. Right of finder of goods, may sue for specific reward offered
• 169. When finder of thin g commonly on sale may sell it
• 170. Bailee ’s particular li en
• 171. General li en of bankers, factors, wharfinger s, attorneys and policy -brokers
• 172. “Pledge”“pawnor”,and “pawnee” defined
• 173. Pawnee’s right of retainer
• 174. Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances
• 175. Pawnee’s right as to extraordinary expenses incurred
• 176. Pawnee’s right where pawnor makes default
• 177. Defaulting pawner’s right to redeem
• 178. Pledge by mercantile agent
• 178A. Pledge by person in posse ssion under voidable contract
• 179. Pledge where pawn or has only a limited interest
• 180. Suit by bailor or bailee against wrong -doer
• 181. Apportionment of relief or compe nsation obtained by such suits
• 182. “Agent” and “principal” defined
• 183. Who may employ agent
• 184. Who may be an agent
• 185. Consideration not necessary
• 186. Agent’s authority may be expressed or implied
• 187. Definitions of express and implied authority
• 188. Extent of agent ’s authority
• 189. Agent’s authority in an emergency
• 190. When agent cannot delegate
• 191. “Sub-agent” defined
• 192. Representation of principal by sub -agent properly appointed
• 193. Agent’s responsibility for sub-agent appointed without authority
• 194. Relation between principal and person duly appointed by agen t to act in business of agency
• 195. Agent’s duty in naming such person
• 196. Right of person as to acts done for him without his authority. Effect of ratification
• 197. Ratification may be expressed or implied
• 198. Knowledge re quisite for valid ratification
• 199. Effect of ratifying unauthorized act forming part of a transaction
• 200. Ratification of unauthorized act cannot injure third person
• 201. Termination of agency
• 202. Termination of agency, where agent has an interest in subject-matter
• 203. When principal may revoke agent ’s authority
• 204. Revocation where autho rity has been partly exercised
• 205. Compensation for revocation by principal, o r renunciation by agent
• 206. Notice of revocation or renunciation
• 207. Revocation and renunciatio n may be expressed or implied
• 208. When termination of agent ’s authority takes effect as to agent, and as to third persons
• 209. Agent’s duty on termination of agency by principal’s death or insanity
• 210. Termination of sub -agent’s authority
• 211. Agent’s duty in conducting principal ’s business
• 212. Skill and diligence required from agent
• 213. Agent’s accounts
• 214. Agent’s duty to communicate with principal
• 215. Right of principal when agent deals, on his own account, in business of agency without principal’s consent
• 216. Principal’s right to benefit gained by agent dealing on his own account in business of agency
• 217. Agent’s right of retainer out of sums received on principal’s account
• 218. Agent’s duty to p ay sums received for principal
• 219. When agent’s remuneration becomes due
• 220. Agent not entitled to remunerat ion for business misconducted
• 221. Agent’s lien on principal’s property
• 222. Agent to be indemnified agains t consequences of lawful acts
• 223. Agent to be indemnified against consequences of acts done in good faith
• 224. Non-liability of employer of agent to do a cr iminal act
• 225. Compensation to agent for injury caused by principal ’s neglect
• 226. Enforcement and consequences of agent ’s contracts
• 227. Principal how far bound, when agent exceeds authority
• 228. Principal not bound when excess of agent ’s authority is not separable
• 229. Consequences of notice given to agent
• 230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
• 231. Rights of parties to a contract made by agent not disclosed
• 232. Performance of contract with a gent supposed to be principal
• 233. Right of person dealin g with agent personally liable
• 234. Consequence of inducing agent or principal to act on belief that principal or agent w ill be held exclusively liable
• 235. Liability of pretended agent
• 236. Person falsely contracting as a gent not entitled to performance
• 237. Liability of principal inducing belief that agent ’s unauthoriz ed acts were authorized
• 238. Effect, on agreement, of misrepresentation of fraud, by agent

For research. Check the official gazette and later amendments before citing a section.