Monday, 9 September 2019

ICA 1872

 I- OF COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
Section - 1 : Short title
Section - 2 : Interpretation clause
Section - 3 : Communication, acceptance and revocation of proposals
Section - 4 : Communication when complete
Section - 5 : Revocation of proposals and acceptances
Section - 6 : Revocation how made
Section - 7 : Acceptance must be absolute
Section - 8 : Acceptance by performing conditions, or receiving consideration
Section - 9 : Promises, express or implied
II - OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
Section - 10 : What agreements are contracts
Section - 11 : Who are competent to contract
Section - 12 : What is a sound mind for the purposes of contracting
Section - 13 : "Consent" defined
Section - 14 : "Free consent" defined
Section - 15 : "Coercion" defined
Section - 16 : "Undue influence" defined
Section - 17 : "Fraud" defined
Section - 18 : "Misrepresentation" defined
Section - 19 : Voidability of agreements without free consent
Section - 19A : Power to set aside contract induced by undue influence
Section - 20 : Agreement void where both parties are under mistake as to matter of fact
Section - 21 : Effect of mistakes as to law
Section - 22 : Contract caused by mistake of one party as to matter of fact
Section - 23 : What considerations and objects are lawful and what not
Section - 24 : Agreements void, if considerations and objects unlawful in part
Section - 25 : Agreement void, if made without consideration
Section - 26 : Agreement in restraint of marriage, void
Section - 27 : Agreement in restraint of trade, void
Section - 28 : Agreements in restraint of legal proceedings, void
Section - 29 : Agreements void for uncertainty
III - OF CONTINGENT CONTRACTS
Section - 30 : Agreements by way of wager, void
Section - 31 : "Contingent contract" defined
Section - 32 : Enforcement of contracts contingent on an event happening
Section - 33 : Enforcement of contracts contingent on an event not happening
Section - 34 : When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
Section - 35 : When contracts become void, which are contingent on happening of specified event within fixed time
Section - 36 : Agreements contingent on impossible events, void
IV - OF THE PERFORMANCE OF CONTRACTS
Section - 37 : Obligations of parties to contracts
Section - 38 : Effect of 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 : Devolution of joint liabilities
Section - 43 : Any one of joint promisors may be compelled to perform
Section - 44 : Effect of release of one joint promisor
Section - 45 : Devolution of joint rights
Section - 46 : Time for performance of promise, where no application is to be made and no time is specified
Section - 47 : Time and place for performance of promise, where time is specified and no application to be made
Section - 48 : Application for performance on certain day to be at proper time and place
Section - 49 : Place for the performance of promise, where no application to be made and no place fixed for performance
Section - 50 : Performance in manner or at time prescribed or sanctioned by promisee
Section - 51 : Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
Section - 52 : Order of performance of reciprocal promises
Section - 53 : Liability of party preventing event on which contract is to take effect
Section - 54 : Effect of default as to the promise which should be performed, in contract consisting of reciprocal promises
Section - 55 : Effect of failure to perform at fixed time, in contract in which time is essential
Section - 56 : Agreement to do impossible act
Section - 57 : Reciprocal promises to do things legal, and also other things illegal
Section - 58 : Alternative promise, one branch being illegal
Section - 59 : Application of payment where debt to be discharged is indicated
Section - 60 : Application of payment where debt to be discharged is not indicated
Section - 61 : Application of payment where neither party appropriates
Section - 62 : Effect of novation, rescission and alteration of contract
Section - 63 : Promisee may dispense with or remit performance of promise
Section - 64 : Consequences of rescission of a voidable contract
Section - 65 : Obligation of person who has received advantage under void agreement or contract that becomes void
Section - 66 : Mode of communicating or revoking rescission of voidable contract
Section - 67 : Effect of neglect of promisee to afford promisor reasonable facilities for performance
Section - 68 : Claim for necessaries supplied to person incapable of contracting, or on his account
Section - 69 : Reimbursement of person paying money due by another, in payment of which he is interested
Section - 70 : Obligation of person enjoying benefit of non-gratuitous act
Section - 71 : Responsibility of finder of goods
Section - 72 : Liability of person to whom money is paid, or thing delivered by mistake or under coercion
VI - OF THE CONSEQUENCES OF BREACH OF CONTRACT
Section - 73 : Compensation of loss or damage caused by breach of contract
Section - 74 : Compensation for breach of contract where penalty stipulated for
Section - 75 : Party rightfully rescinding contract, entitled to compensation
VII - [CHAPTER VII, COMPRISING SECTIONS 76-123, IS REPEALED BY THE SALE OF GOODS ACT (3 OF 1930), SECTION 65]
VIII - OF INDEMNITY AND GUARANTEE
Section - 124 : "Contract of indemnity" defined
Section - 125 : Rights of indemnity-holder when sued
Section - 126 : "Contract of guarantee", "surety", "principal debtor" and "creditor"
Section - 127 : Consideration for guarantee
Section - 128 : Surety's liability
Section - 129 : Continuing guarantee
Section - 130 : Revocation of continuing guarantee
Section - 131 : Revocation of continuing guarantee by surety's death
Section - 132 : Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default
Section - 133 : Discharge of surety by variance in terms of contract
Section - 134 : Discharge of surety by release or discharge of principal debtor
Section - 135 : Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
Section - 136 : Surety not discharged when agreement made with third person to give time to principal debtor
Section - 137 : Creditor's forbearance to sue does not discharge surety
Section - 138 : Release of one co-surety does not discharge others
Section - 139 : Discharge of surety by creditor's act or omission impairing surety's eventual remedy
Section - 140 : Rights of surety on payment or performance
Section - 141 : Surety's right to benefit of creditor's securities
Section - 142 : Guarantee obtained by misrepresentation, invalid
Section - 143 : Guarantee obtained by concealment, invalid
Section - 144 : Guarantee on contract that creditor shall not act on it until co-surety joins
Section - 145 : Implied promise to indemnify surety
Section - 146 : Co-sureties liable to contribute equally
Section - 147 : Liability of co-sureties bound in different sums
IX - OF BAILMENT
Section - 148 : "Bailment", "bailor" and "bailee" defined
Section - 149 : Delivery to bailee how made
Section - 150 : Bailor's duty to disclose faults in goods bailed
Section - 151 : Care to be taken by bailee
Section - 152 : Bailee when not liable for loss, etc, of thing bailed
Section - 153 : Termination of bailment by bailee's act inconsistent with conditions
Section - 154 : Liability of bailee making unauthorised use of goods bailed
Section - 155 : Effect of mixture, with bailor's consent, of his goods with bailee's
Section - 156 : Effect of mixture, without bailor's consent, when the goods can be separated
Section - 157 : Effect of mixture, without bailor's consent, when the goods cannot be separated
Section - 158 : Repayment, by bailor, of necessary expenses
Section - 159 : Restoration of goods lent gratuitously
Section - 160 : Return of goods bailed on expiration of time or accomplishment of purpose
Section - 161 : Bailee's responsibility when goods are not duly returned
Section - 162 : Termination of gratuitous bailment by death
Section - 163 : Bailer entitled to increase or profit from goods bailed
Section - 164 : Bailor's responsibility to bailee
Section - 165 : Bailment by several joint owners
Section - 166 : Bailee not responsible on redelivery to bailor without title
Section - 167 : Right of third person claiming goods bailed
Section - 168 : Right of finder of goods; may sue for specified reward offered
Section - 169 : When finder of thing commonly on sale may sell it
Section - 170 : Bailee's particular lien
Section - 171 : General lien of bankers, factors, wharfingers, attorneys and policy brokers
Section - 172 : "Pledge", "pawnor", and "pawnee" defined
Section - 173 : Pawnee's right of retainer
Section - 174 : Pawnee not to retain for debt or promise other than that for which goods pledged—Presumption in case of subsequent advances
Section - 175 : Pawnee's right as to extraordinary expenses incurred
Section - 176 : Pawnee's right where pawnor makes default
Section - 177 : Defaulting pawnor's right to redeem
Section - 178 : Pledge by mercantile agent
Section - 178A : Pledge by person in possession under voidable contract
Section - 179 : Pledge where pawnor has only a limited interest
Section - 180 : Suit by bailor or bailee against wrong-doer
Section - 181 : Appointment of relief or compensation obtained by such suits
X - AGENCY
Section - 182 : "Agent" and "principal" defined
Section - 183 : Who may employ agent
Section - 184 : Who may be an agent
Section - 185 : Consideration not necessary
Section - 186 : Agent's authority may be express or implied
Section - 187 : Definitions of express and implied authority
Section - 188 : Extent of agent's authority
Section - 189 : Agent's authority in an emergency
Section - 190 : When agent cannot delegate
Section - 191 : "Sub-agent" defined
Section - 192 : Representation of principal by sub-agent properly appointed
Section - 193 : Agent's responsibility for sub-agent appointed without authority
Section - 194 : Relation between principal and person duly appointed by agent to act in business of agency
Section - 195 : Agent's duty in naming such person
Section - 196 : Right of person as to acts done for him without his authority—effect of ratification
Section - 197 : Ratification may be expressed or implied
Section - 198 : Knowledge requisite for valid ratification
Section - 199 : Effect of ratifying unauthorised act forming part of a transaction
Section - 200 : Ratification of unauthorised act cannot injure third person
Section - 201 : Termination of agency
Section - 202 : Termination of agency, where agent has an interest in subject-matter
Section - 203 : When principal may revoke agent's authority
Section - 204 : Revocation where authority has been partly exercised
Section - 205 : Compensation for revocation by principal, or renunciation by agent
Section - 206 : Notice of revocation or renunciation
Section - 207 : Revocation and renunciation may be expressed or implied
Section - 208 : When termination of agent's authority takes effect as to agent, and as to third persons
Section - 209 : Agent's duty on termination of agency by principal's death or insanity
Section - 210 : Termination of sub-agent's authority
Section - 211 : Agent's duty in conducting principal's business
Section - 212 : Skill and diligence required from agent
Section - 213 : Agent's accounts
Section - 214 : Agent's duty to communicate with principal
Section - 215 : Right of principal when agent deals, on his own account, in business of agency without principal's consent
Section - 216 : Principal's right to benefit gained by agent dealing on his own account in business of agency
Section - 217 : Agent's right of retainer out of sums received on principal's account
Section - 218 : Agent's duty to pay sums received for principal
Section - 219 : When agent's remuneration becomes due
Section - 220 : Agent not entitled to remuneration for business misconducted
Section - 221 : Agent's lien on principal's property
Section - 222 : Agent to be indemnified against consequences of lawful acts
Section - 223 : Agent to be indemnified against consequences of acts done in good faith
Section - 224 : Non-liability of employer of agent to do a criminal act
Section - 225 : Compensation to agent for injury caused by principal's neglect
Section - 226 : Enforcement and consequences of agent's contracts
Section - 227 : Principal how far bound, when agent exceeds authority
Section - 228 : Principal not bound when excess of agent's authority is not separable
Section - 229 : Consequences of notice given to agent
Section - 230 : Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
Section - 231 : Rights of parties to a contract made by agent not disclosed
Section - 232 : Performance of contract with agent supposed to be principal
Section - 233 : Right of person dealing with agent personally liable
Section - 234 : Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
Section - 235 : Liability of pretended agent
Section - 236 : Person falsely contracting as agent, not entitled to performance
Section - 237 : Liability of principal inducing belief that agent's unauthorised acts were authorised
Section - 238 : Effect, on agreement, of misrepresentation or fraud by agent