The Indian Contract Act, Act IX. of 1872, with a Commentary, Etc

India, Charles Colin Macrae

Thacker, Spink, 1874 - 232 من الصفحات

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THE INDIAN CONTRACT ACT PREAMBLE PRELIMINARY SECTIONS 1 Short Title Extent Commencement Enactments repealed	1

Interpretationclause	3

OF THE COMMUNICATION ACCEPTANCE AND REVO CATION OF PROPOSALS 3 Communication acceptance and revocation of proposals 4 C...	5

Revocation how made	7

Acceptance must be absolute 8 Acceptance by performing conditions on receiving consideration	8

Promises express and implied	9

OF CONTRACTS VOIDABLE CONTRACTS AND VOID AGREEMENTS 10 What agreements are contracts	10

Who are competent to contract	11

Suretys liability	128

Continuing guarantee	129

Revocation of continuing guarantee	130

Revocation of continuing guarantee by suretys death	131

Liability of two persons primarily liable not affected by a private arrangement between them as to suretyship	132

Discharge of surety by variance in terms of contract	133

Discharge of surety by release or discharge of principal debtor	134

Discharge of surety when creditor compounds with gives time to or agrees not to sue principal debtor	135

What is a sound mind for the purposes of contracting	12

Consent defined	13

Free consent defined	14

Coercion defined	15

Undue influence defined	16

Fraud defined	17

Misrepresentation defined	18

Voidability of agreements without free consent of fact	19

Agreement void where both parties are under mistake as to matter	20

Effect of mistakes as to law matter of fact	21

Contract not voidable merely because of mistake of one party as	22

What considerations and objects are lawful and what	23

Agreements void if considerations and objects unlawful in part	24

Agreement without consideration voidunless it is in writing	25

registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation	37

Agreement in restraint of marriage void	39

Agreements in restraint of legal proceedings void	42

Obligation of parties to contracts	48

Effect of release of one joint contractor	54

Promisor not bound to perform unless reciprocal promisee ready	56

In alternative promise one branch being illegal legal branch alone	64

Obligation of person enjoying benefit of nongratuitous	70

Title to compensation for breach of contract in which a sum	74

RESALE	77

named as payable in case of breach	79

SALE OF GOODS WHEN PROPERTY IN GOODS SOLD PASSES 76 Goods defined 77 Sale defined 78 Sale how effected	82

Transfer of ownership of thing sold which has yet to be ascertain ed made or finished	84

Completion of sale of goods which the seller is to put into state in which buyer is to take them 81 Completion of sale of goods when seller has to do a...	85

Buyer to bear loss after goods have become his property	86

Transfer of ownership of goods agreed to be sold while nonexistent	87

Contract to sell and deliver at a future day goods not in sellers possession at date of contract	88

Determination of price not fixed by contract DELIVERY 90 Delivery how made	89

Effect of delivery to wharfinger or carrier	91

Effect of partdelivery	92

Seller not bound to deliver until buyer applies for delivery	93

Place of delivery SELLERS LIEN	94

Sellers lien	95

Lien where payment to be made at a future day but no time fixed for delivery	96

Sellers lien where payment to be made at future day and buyer allows goods to remain in sellers possession	97

Sellers lien against subsequent buyer	98

Power of seller to stop in transit	99

When goods are to be deemed in transit	100

Continuance of right of stoppage title	101

Cessation of right on assignment by buyer of document showing	102

How seller may stop where instrument of title assigned to secure	103

Title conveyed by seller of goods to buyer WARRANTY	108

Sellers responsibility for badness of title	109

Establishment of implied warranty of goodness or quality	110

Warranty of soundness implied on sale of provisions	111

Warranty of bulk implied on sale of goods by sample	112

Warranty implied where goods are sold as being of a certain denomination	113

Warranty where goods ordered for a specified purpose	114

Warranty on sale of article of a wellknown ascertained kind	115

Seller when not responsible for latent defects	116

Buyers right on breach of warranty	117

Right of buyer on breach of warranty in respect of goods not ascertained MISCELLANEOUS	118

When buyer may refuse to accept if goods not ordered are sent with goods ordered	119

Effect of wrongful refusal to accept	120

Right of seller as to rescission on failure of buyer to pay price at time fixed	121

Sale and transfer of lots sold by auction	122

Effect of use by seller of pretended biddings to raise price CHAPTER VIII OF INDEMNITY AND GUARANTEE	123

Contract of indemnity defined	124

Rights and liabilities of indemnityholder when sued	125

Contract of guarantee surety principal debtor and creditor	126

Consideration for guarantee	127

Surety not discharged when agreement made with a third person to give time to principal debtor	136

Creditors forbearance to sue does not discharge surety	137

Release of one cosurety does not discharge others	138

Discharge of surety by creditors act or omission impairing suretys eventual remedy	139

Rights of surety on payment or performance	140

Guarantee obtained by misrepresentation invalid	142

Guarantee obtained by concealment invalid	143

Guarantee on agreement that creditor shall not act on it until co surety joins	144

Implied promise to indemnify surety	145

Cosureties liable to contribute equally	146

Liability of cosureties bound in different sums	147

Bailment bailor and bailee defined	148

Delivery to bailee how made	149

Bailors duty to disclose faults in goods bailed	150

Care to be taken by bailee	151

Bailee when not liable for loss c of thing bailed ditions	152

Termination of bailment by bailees act inconsistent with con	153

Liability of bailee making unauthorized use of goods bailed	154

Effect of mixture with bailors consent of his goods with goods of bailee	155

Effect of mixture without bailors consent when the goods can be separated	156

Effect of mixture without bailors consent when the goods cannot be separated	157

Repayment by bailor of necessary expenses	158

Restoration of goods bailed gratuitously	159

Return of goods bailed on expiration of time or accomplishment of purpose	160

Bailees responsibility when goods are not duly delivered or tendered	161

Termination of gratuitous bailment by death	162

Bailor entitled to increase or profit from goods bailed	163

Bailors responsibility to bailee	164

Bailment by several joint owners	165

Bailee not responsible on redelivery to bailor without title	166

Right of third person claiming goods bailed	167

Right of finder of goods May sue for specific reward offered	168

When finder of thing commonly on sale may sell	169

Bailees particular lien	170

General lien of bankers factors wharfingers attorneys and policy brokers BAILMENTS OF PLEDGES	171

Pledge pawnor and pawnee defined	172

Pawnees right of retainer	173

Pawnee not to retain for debt or promise other than that for which goods pledged	174

Pawnees right as to extraordinary expenses incurred	175

Pawnees right where pawnor makes default	176

Defaulting pawnors right to redeem	177

Pledge by possessor of goods or documentary title to goods	178

Pledge where pledgor has only a limited interest	179

Liability of pretended agent	182

Partners liability for debts of partnership 250 Partners liability to third person for neglect or fraud of copartner 251 Partners power to bind copartners...	187

Dissolution of partnership by prohibition of business 256 Application of original terms to partnership continued under them 257 General duties of pa...	195

Account to firm of benefit derived from transaction affecting partnership 259 Obligations to firm of partner carrying on competing business	196

Revocation of continuing guarantee by change in firm 261 Nonliability of deceased partners estate for subsequent obligations 262 Payment of partne...	198

Effect of ratifying unauthorized act forming part of a transaction	199

Ratification of unauthorized act cannot injure third person	200

REVOCATION OF AUTHORITY 201 Termination of agency matter 202 Termination of agency where agent has an interest in subject	202

When principal may revoke agents authority	203

Revocation where authority has been partly exercised	204

Compensation for revocation by principal or renunciation by agent	205

Notice of revocation or renunciation	206

Revocation and renunciation may be expressed or implied	207

When termination of agents authority takes effect	208

209 Agents duty on termination of agency by principals death or insanity	209

Termination of subagents authority AGENTS DUTY TO PRINCIPAL	210

Agents duty in conducting principals business	211

Skill and diligence required from agent	212

Agents accounts	213

Agents duty to communicate with principal	214

Suretys right to benefit of creditors securities	228

specific advance 104 Stoppage how effected 105 Notice of sellers claim 106 Right of seller on stoppage	229

طبعات أخرى - عرض جميع المقتطفات

The Indian Contract Act, Act IX. of 1872, with a Commentary, Etc
India‏,Charles Colin Macrae‏
عرض كامل - 1874

The Indian Contract Act, Act Ix Of 1872: With A Commentary, Critical ...
India‏,Charles Colin MacRae‏
لا تتوفر معاينة - 2018

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India‏,Charles Colin MacRae‏
لا تتوفر معاينة - 2015

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عبارات ومصطلحات مألوفة

A's promise accept afterwards agent agreement is void amount apply ascer ascertained assent authority bailee bailment bailor behalf bill of lading bound breach breach of contract breach of warranty buyer Calcutta caused charter-party circumstances Coleb compensation consent consideration Court creditor damages debt default deliver delivery discharge duty effect enforced English law entered entitled to recover fact fraud given gives guarantee held Hindu law horse Illustrations Indian Penal Code insolvent intended joint promisors liable Lord Cranworth loss Mahommedan law maunds ment misor misrepresentation obtained option owner paid particular partner partnership pawnee pawnor payment performance plaintiff possession principal debtor promise to pay purchaser reasonable receive refusal representation revocation right of lien Roman law rule of English rupees seller ship sold specified sub-agent surety thing bailed thing pledged third party third person tion transaction undue influence unless voidable warranty wharfinger

مقاطع مشهورة

الصفحة 62 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled, unless when the time for the...‏

تظهر في 171 من الكتب من 1832-2004

الصفحة 40 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within Specified local limits,* so long as the buyer, or any person deriving title to the good-will from him carries on a like business therein,* provided that such limits appear to the Court reasonable, regard being had to the nature of the business.‏

تظهر في 154 من الكتب من 1870-2007

الصفحة 23 - ... contract or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract...‏

تظهر في 110 من الكتب من 1872-2007

الصفحة 62 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.‏

تظهر في 143 من الكتب من 1832-2007

الصفحة 195 - Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.‏

تظهر في 224 من الكتب من 1858-2008

الصفحة 24 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.‏

تظهر في 79 من الكتب من 1861-2008

الصفحة 21 - Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.‏

تظهر في 65 من الكتب من 1871-2006

الصفحة 200 - An Act for rendering a written memorandum necessary to the validity of certain promises and engagements.‏

تظهر في 117 من الكتب من 1828-1999

الصفحة 29 - When consent to an agreement is caused by undue influence, the agreement Ls a contract voidable at the option of the party whose consent was so caused.‏

تظهر في 50 من الكتب من 1873-2007

الصفحة 195 - Where a partnership entered into for a fixed term is continued after the term has expired, and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will.‏

تظهر في 78 من الكتب من 1858-2004

معلومات المراجع

العنوان	The Indian Contract Act, Act IX. of 1872, with a Commentary, Etc
المؤلفون	India, Charles Colin Macrae
الناشر	Thacker, Spink, 1874
أصلي من	جامعة هارفارد
الكتب ذات التنسيق الرقمي	12 تشرين الثاني (نوفمبر) 2007
عدد الصفحات	232 من الصفحات

تصدير الاقتباس	BiBTeX EndNote RefMan

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