59 indian contract act 1872

8/6/2019 59 Indian Contract Act 1872

http://slidepdf.com/reader/full/59-indian-contract-act-1872 1/6

The Indian Contract Act, 1872

Arrangement of Sections

Section 1 Short title and commencement

Section 2(a) Defines a proposal

Section 2(b) Defines a promise and acceptance

Section 2(c) Defines a 'promisor' and a 'promisee'

Section 2(d) Defines a consideration

Section 2(e) Defines an agreement

Section 2(f) Defines a reciprocal promise

Section 2(g) Defines a void contract

Section 2(h) Defines a contract

Section 2(i) Defines a voidable contract

Section 2(j) Defines a void contract

Section 3 Communication, acceptance and revocation of proposals

Section 4 Communication when complete

Section 5 Revocation of proposals and acceptances - when?

Section 6 Revocation how made

Section 7 Acceptance must be absolute

Section 8 Acceptance by performing conditions, or receiving consideration

Section 9 Promises express and implied

Section 10 Essential elements of a valid contract

Section 11 Competence to conntract

Section 12 Soundness of mind

Section 13 Consent

Section 14 Free consent

Section 15 Coercion

Section 16 Undue Influence

Section 17 Fraud

Section 18 MisrepresentationSection 19 Consequences of coercion, undue influence and misrepresentati

Section 20 Mistake of fact

Section 21 Mistake of law

Section 22 Unilateral mistake

Section 23 Unlawful consideration or object

Section 24 Consideration/object unlawful in part

Section 25 Agreement without consideration (with exceptions)

Section 26 Agreements in restraint of marriage void

Section 27 Agreements in restraint of trade void

Section 28 Agreements in restraint of legal proceedings void

Section 29 Agreements with uncertain meaning void

Section 30 Agreements by way of wager voidSection 31 Contingent contracts

Section 32 Enforcement of contracts contingent on an event happening

Section 33 Enforcement of contracts contingent on an event not happening.

Section 34 Enforcement of contingent contracts

Section 35 Enforcement of contingent contracts

Section 36 Agreement contingent on impossible events

Section 37 Parties must perform their respective promises



Section 38 Refusal to accept offer of performance

Section 39 Effect of refusal of party to perform promise wholly –

Section 40 Person by whom promise is to be performed

Section 41 Effect of accepting performance from third person

Section 42 Joint promises - rights and liabilities of joint promisors

Section 43 Joint promises - rights and liabilities of joint promisors

Section 44 Joint promises - release of joint promisor

Section 45 Joint promises - rights of joint promisees

Section 46 Time and place of performance of promise





Section 51 Reciprocal promises




Section 55

Section 56 Agreements to do impossible acts

Section 57 Reciprocal promise to do things legal and also other things illega

Section 58 Alternative promise, one branch being illegal

Section 59 Appropriation of payments



Section 62 Novation, rescission and alteration of contracts

Section 63 Waiver/Remission by promisee

Section 64 Restoration of benefit under a voidable contract

Section 65 Restoration of advantage received by anybody under a void cont

Section 66 Communication of rescission

Section 67 Neglect of promiseSection 68 Types of Quasi-contracts - Claim for necessaries

Section 69 Types of Quasi-contracts - Recovery of payment of others' dues

Section 70 Types of Quasi-contracts - Obligation of persons enjoying non-gr

Section 71 Types of Quasi-contracts - Responsibility of finder of goods

Section 72 Types of Quasi-contracts - Liability for money paid/thing delivere

Section 73

Section 74 Compensation for breach of contract where penalty stipulated for

Section 75 Party rightfully rescinding contract entitled to compensation

A BFitch V Snedaker (1868) you can only accept an offer when it was clearly communicated t

Carlill V Carbolic Smoke Ball Co an offer is accepted to the world at large when the intention of th

Fisher v Bell (1961) displaying goods in a shop window is merely an invitation to treat

Edgington v Fitzmaurice (1885) an exception to the rule, future statements can sometimes be cla

Long V Lloyd (1958) after finding out about the misrep. the innocent party renegotiate

Leaf v International Galleries 5 yrs is too much time from contrct formation to misrepresentatio

Waltons Stores v Maher (1988) promises before a contract is signed can still be binding

Effect of failure to perform at fixed time, in contract in which time

Compensation for loss or damage caused by breach of contract



Hyde v Wrench (1840) counter offer is a rejection of the original offer

Associate newspapers V Bancks(1951) conditions are defined based on the importance of the term

Olley v Marlborough Court Ltd (1949) exclusion clasues must be easily seen by a reasonable person

Council of Sydney v West court will protect those who are forced to sign contracts if the oth

Dummock V Hallett (1866) statement of an opinion is not a misrepresentation, it must be sta



on



l

ract

atuitous acts

by mistake/coercion

you, you cant accept it if you were not aware of it.

offeree is clear

ssed as misrepresentations

the terms

discovery

is essential



er person does something outside the contract

tement of fact

59 indian contract act 1872

Documents