The Contract Act, 1872

1. PreamblePreamble

PRELIMINARY

1. Section 1Short title
2. Section 2Interpretation-clause

Chapter I OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS

1. Section 3Communication, acceptance and revocation of proposals
2. Section 4Communication when complete
3. Section 5Revocation of proposals and acceptances
4. Section 6Revocation how made
5. Section 7Acceptance must be absolute
6. Section 8Acceptance by performing, conditions, or receiving consideration
7. Section 9Promises, express and implied

Chapter II OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS

1. Section 10What agreements are contracts
2. Section 11Who are competent to contract
3. Section 12What is a sound mind for the purposes of contracting
4. Section 13"Consent” defined
5. Section 14"Free consent" defined
6. Section 15"Coercion" defined
7. Section 16"Undue influence" defined
8. Section 17"Fraud" defined
9. Section 18"Misrepresentation" defined
10. Section 19Void ability of agreements without free consent
11. Section 19APower to set aside contract induced by undue influence
12. Section 20Agreement void where both parties are under mistake as to matter of fact
13. Section 21Effect of mistakes as to law
14. Section 22Contract caused by mistake of one party as to matter of fact
15. Section 23What considerations and objects are lawful and what not
16. Section 24Agreements void, if considerations and objects unlawful in part
17. Section 25Agreement without consideration void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law
18. Section 26Agreement in restraint of marriage void
19. Section 27Agreement in restraint of trade void Saving of agreement not to carry on business of which good- will is sold
20. Section 28Agreements in restraint of legal proceedings void Saving of contract to refer to arbitration dispute that may arise Suits barred by such contracts Saving of contract to refer questions that have already arisen
21. Section 29Agreements void for uncertainty
22. Section 30Agreements by way of wager void Exceptions in favour of certain prizes for horse-racing. Section 294A of the Penal Code not affected
23. Section 30AAgreements collateral to wagering agreements void
24. Section 30BNo suit for recovery of money, commission etc., in respect of void agreements
25. Section 30CPayment by guardian, executor, etc., in respect of void agreements not to be allowed credit

Chapter III OF CONTINGENT CONTRACTS

1. Section 31"Contingent contract" defined
2. Section 32Enforcement of contracts contingent on an event happening
3. Section 33Enforcement of contracts contingent on an event not happening
4. Section 34When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
5. Section 35When contracts become void which are contingent on happening of specified event within fixed time
6. Section 36Agreement contingent on impossible events void

Chapter IV OF THE PERFORMANCE OF CONTRACTS

1. Section 37Obligation of parties to contracts
2. Section 38Effect of refusal to accept offer of performance
3. Section 39Effect of refusal of party to perform promise wholly
4. Section 40Person by whom promise is to be performed
5. Section 41Effect of accepting performance from third person
6. Section 42Devolution of joint liabilities
7. Section 43Any one of joint promisors may be compelled to perform Each promisor may compel contribution Sharing of loss by default in contribution
8. Section 44Effect of release of one joint promisor
9. Section 45Devolution of joint rights
10. Section 46Time for performance of promise where no application is to be made and no time is specified
11. Section 47Time and place for performance of promise where time is specified and no application to be made
12. Section 48Application for performance on certain day to be at proper time and place
13. Section 49Place for performance of promise were no application to be made and no place fixed for performance
14. Section 50Performance in manner or at time prescribed or sanctioned by promisee
15. Section 51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
16. Section 52Order of performance of reciprocal promises
17. Section 53Liability of party preventing event on which the contract is to take effect
18. Section 54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
19. Section 55Effect of failure to perform at fixed time, in contract in which time is essential
20. Section 56Agreement to do impossible act
21. Section 57Reciprocal promise to do things legal, and also other things illegal
22. Section 58Alternative promise, one branch being illegal
23. Section 59Application of payment, where debt to be discharged is indicated
24. Section 60Application of payment, where debt to be discharged is not indicated
25. Section 61Application of payment where neither party appropriates
26. Section 62Effect of novation, rescission and alteration of contract
27. Section 63Promisee may dispense with or remit performance of promise
28. Section 64Consequences of rescission of voidable contract
29. Section 65Obligation of person who has received advantage under void agreement or contract that becomes void
30. Section 66Mode of communicating or revoking rescission of voidable contract
31. Section 67Effect of neglect of promisee to afford promisor reasonable facilities for performance

Chapter V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

1. Section 68Claim for necessaries supplied to person incapable of contracting or on his account
2. Section 69Reimbursement of person paying money due by another in payment of which he is interested
3. Section 70Obligation of person enjoying benefit of non- gratuitous act
4. Section 71Responsibility of finder of goods
5. Section 72Liability of person to whom money is paid or thing delivered by mistake or under coercion

Chapter VI OF THE CONSEQUENCES OF BREACH OF CONTRACT

1. Section 73Compensation for loss or damage caused by breach of contract
2. Section 74Compensation for breach of contract where penalty stipulated for
3. Section 75Party rightfully rescinding contract entitled to compensation

Chapter VII SALE OF GOODS

1. Section x80[Repealed]Repealed

Chapter VIII OF INDEMNITY AND GUARANTEE

1. Section 124"Contract of indemnity" defined
2. Section 125Rights of indemnity- holder when sued
3. Section 126"Contract of guarantee", "surety", "principal debtor" and "creditor"
4. Section 127Consideration for guarantee
5. Section 128Surety's liability
6. Section 129"Continuing guarantee"
7. Section 130Revocation of continuing guarantee
8. Section 131Revocation of continuing guarantee by surety's death
9. Section 132Liability of two persons primarily liable, not affected by arrangement between them that one shall be surety on other’s default
10. Section 133Discharge of surety by variance in terms of contract
11. Section 134Discharge of surety by release or discharge of principal debtor
12. Section 135Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
13. Section 136Surety not discharged when agreement made with third person to give time to principal debtor
14. Section 137Creditor's forbearance to sue does not discharge surety
15. Section 138Release of one co-surety does not discharge others
16. Section 139Discharge of surety by creditor's act or omission impairing surety's eventual remedy
17. Section 140Rights of surety on payment or performance
18. Section 141Surety's right to benefit of creditor's securities
19. Section 142Guarantee obtained by misrepresentation invalid
20. Section 143Guarantee obtained by concealment invalid
21. Section 144Guarantee on contract that creditor shall not act on it until co-surety joins
22. Section 145Implied promise to indemnify surety
23. Section 146Co-sureties liable to contribute equally
24. Section 147Liability of co-sureties bound in different sums

Chapter IX OF BAILMENT

1. Section 148"Bailment", "bailor", and "bailee" defined
2. Section 149Delivery to bailee how made
3. Section 150Bailor’s duty to disclose faults in goods bailed
4. Section 151Care to be taken by bailee
5. Section 152Bailee when not liable for loss, etc., of thing bailed
6. Section 153Termination of bailment by bailee's act inconsistent with conditions
7. Section 154Liability of bailee making unauthorised use of goods bailed
8. Section 155Effect of mixture, with bailor's consent, of his goods with bailee's
9. Section 156Effect of mixture, without bailor's consent, when the goods can be separated
10. Section 157Effect of mixture, without bailor's consent, when the goods cannot be separated
11. Section 158Repayment by bailor of necessary expenses
12. Section 159Restoration of goods lent gratuitously
13. Section 160Return of goods bailed on expiration of time or accomplishment of purpose
14. Section 161Bailee's responsibility when goods are not duly returned
15. Section 162Termination of gratuitous bailment by death
16. Section 163Bailor entitled to increase or profit from goods bailed
17. Section 164Bailor's responsibility to bailee
18. Section 165Bailment by several joint owners
19. Section 166Bailee not responsible on re-delivery to bailor without title
20. Section 167Right of third person claiming goods bailed
21. Section 168Right of finder of goods; may sue for specific reward offered
22. Section 169When finder of thing commonly on sale may sell it
23. Section 170Bailee's particular lien
24. Section 171General lien of bankers, factors, wharfingers, attorneys and policy- brokers
25. Section 172"Pledge", "Pawnor" and "Pawnee" defined
26. Section 173Pawnee's right of retainer
27. Section 174Pawnee not to retain for debt or promise other than that for which goods pledged Presumption in case of subsequent advances
28. Section 175Pawnee's right as to extraordinary expenses incurred
29. Section 176Pawnee’s right where pawnor makes default
30. Section 177Defaulting pawnor's right to redeem
31. Section 178APledge by person in possession under voidable contract
32. Section 178Pledge by mercantile agent
33. Section 179Pledge where pawnor has only a limited interest
34. Section 180Suit by bailor or bailee against wrong-doer
35. Section 181Apportionment of relief or compensation obtained by such suits

Chapter X AGENCY

1. Section 182"Agent" and "principal" defined
2. Section 183Who may employ agent
3. Section 184Who may be an agent
4. Section 185Consideration not necessary
5. Section 186Agent's authority may be expressed or implied
6. Section 187Definitions of express and implied authority
7. Section 188Extent of agent's authority
8. Section 189Agent's authority in an emergency
9. Section 190When agent cannot delegate
10. Section 191"Sub-agent" defined
11. Section 192Representation of principal by sub-agent properly appointed
12. Section 193Agent's responsibility for sub-agent appointed without authority
13. Section 194Relation between principal and person duly appointed by agent to act in business of agency
14. Section 195Agent's duty in naming such person
15. Section 196Right of person as to acts done for him without his authority. Effect of ratification
16. Section 197Ratification may be expressed or implied
17. Section 198Knowledge requisite for valid ratification
18. Section 199Effect of ratifying unauthorized act forming part of a transaction
19. Section 200Ratification of unauthorized act cannot injure third person
20. Section 201Termination of agency
21. Section 202Termination of agency where agent has an interest in subject-matter
22. Section 203When principal may revoke agent's authority
23. Section 204Revocation where authority has been partly exercised
24. Section 205Compensation for revocation by principal or renunciation by agent
25. Section 206Notice of revocation or renunciation
26. Section 207Revocation and renunciation may be expressed or implied
27. Section 208When termination of agent's authority takes effect as to agent, and as to third persons
28. Section 209Agent's duty on termination of agency by principal's death or insanity
29. Section 210Termination of sub-agent's authority
30. Section 211Agent's duty in conducting principal's business
31. Section 212Skill and diligence required from agent
32. Section 213Agent's accounts
33. Section 214Agent's duty to communicate with principal
34. Section 215Right of principal when agent deals, on his own account, in business of agency without principal's consent
35. Section 216Principal's right to benefit gained by agent dealing on his own account in business of agency
36. Section 217Agent's right of retainer out of sums received on principal's account
37. Section 218Agent's duty to pay sums received for principal
38. Section 219When agent's remuneration becomes due
39. Section 220Agent not entitled to remuneration for business mis-conducted
40. Section 221Agent's lien on principal's property
41. Section 222Agent to be indemnified against consequences of lawful acts
42. Section 223Agent to be indemnified against consequences of acts done in good faith
43. Section 224Non-liability of employer of agent to do a criminal act
44. Section 225Compensation to agent for injury caused by principal's neglect
45. Section 226Enforcement and consequences of agent's contracts
46. Section 227Principal how far bound, when agent exceeds authority
47. Section 228Principal not bound when excess of agent's authority is not separable
48. Section 229Consequences of notice given to agent
49. Section 230Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
50. Section 231Rights of parties to a contract made by agent not disclosed
51. Section 232Performance of contract with agent supposed to be principal
52. Section 233Right of person dealing with agent personally liable
53. Section 234Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
54. Section 235Liability of pretended agent
55. Section 236Person falsely contracting as agent not entitled to performance
56. Section 237Liability of principal inducing belief that agent's unauthorized acts were authorized
57. Section 238Effect, on agreement, of misrepresentation or fraud by agent

Chapter XI OF PARTNERSHIP

1. Section x197[Repealed]Repealed