The Contract Act
Federal Acts · Federal · 1872 · IX of 1872
Legal status
In force
Effective date
—
Sections
199
Chapter I — Of The Communication, Acceptance And Revocation Of
Chapter II — Of Contracts, Voidable Contracts And Void
- 10: What agreements are contracts
- 11: Who are competent to contract
- 12: What is a sound mind for 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 considerations and ob jects unlawful in part
- 25: Agreement without consideration void, unless it is in writing and registered, or is a promise
- 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
- 30A: Agreements collateral to wagering agreements void
- 30B: No suit for recovery of money, commission etc., in respect of void agreements
- 30C: Payment by guardian, executor etc., in respect of void agreements not to be allowed credit
Chapter III — Of Contingent Contracts
- 31: “Contingent contract” defined
- 32: Enforcement of contracts contingent 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
- 35: When contracts become void which are contingent on happening of specified event within
- 36: Agreement contingent on impossible events void
Chapter IV — Of The Performance Of Contracts
- 37: Obligation of parties to contracts
- 38: Effect of refusal to accept offer of performance
- 39: Effect of refusal of party to perform promise wholly
- 40: Person by whom promise is to be performed
- 41: Effect of accepting performance from third person
- 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 where 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
- 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
- 50: Performance in manner or at time prescribed or sanctioned by promisee
- 51: Promisor not bound to perform, unless reciprocal promisee 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 consisting of
- 55: Effect of failure to perform at fixed time, in contract 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 promise, 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 where neither party appropriates
- 62: Effect of novation, rescission and alteration of contract
- 63: Promisee may dispense with or remit performance of promise
- 64: Consequences of rescission of voidable contract
- 65: Obligation of person who has received advantage under void agreement or contract that
- 66: Mode of communicating or revoking rescission of voidable contract
- 67: Effect of neglect of promisee to afford promisor reasonable facilities for performance
Chapter IX — Of Bailment
- 148: “Bailment”, “bailor”, and “bailee” defined
- 149: Delivery to bailee how made
- 150: Bailor’s duty to disclose faults in goods bailed
- 151: Care to be taken by bailee
- 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 unauthorised 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 can 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 accomplishment of purpose
- 161: Bailee’s responsibility when goods are not duly returned
- 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 thing commonly on sale may sell it
- 170: Bailee’s particular lien
- 171: General lien of bankers, factors, wharfingers, 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
- 175: Pawnee’s right as to extraordinary expenses incurred
- 176: Pawnee’s right where pawnor makes default
- 177: Defaulting pawnor’s right to redeem
- 178: Pledge by mercantile agent
- 178A: Pledge by person in possession under voidable contract
- 179: Pledge where pawnor has only a limited interest
- 180: Suit by bailor or bailee against wrong-doer
- 181: Apportionment of relief or compensation obtained by such suits
Chapter V — Of Certain Relations Resembling
- 68: Claim for necessaries supplied to person incapable of contracting, or on his account
- 69: Reimbursement of person paying money due by another in payment 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 delivered by mistake or under coercion
Chapter VI — Of The Consequences Of Breach Of Contract
Chapter VII — Sale Of Goods
- 76 to 123: [Repealed] Sale Of Goods(repealed)
Chapter VIII — Of Indemnity And Guarantee
- 124: “Contract of indemnity” defined
- 125: Rights of indemnity-holder when 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 on
- 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 agrees not to sue,
- 136: Surety not discharged when agreement made with third person to give time to principal
- 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 act on it until co-surety joins
- 145: Implied promise indemnify surety
- 146: Co-sureties liable to contribute equally
- 147: Liability of co-sureties bound in different sums
Chapter X — Agency
- 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 agent 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
- 197: Ratification may be expressed or implied
- 198: Knowledge requisite 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 authority has been partly exercised
- 205: Compensation for revocation by principal or renunciation by agent
- 206: Notice of revocation or renunciation
- 207: Revocation and renunciation 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
- 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 pay sums received for principal
- 219: When agent’s remuneration becomes due
- 220: Agent not entitled to remuneration for business misconducted
- 221: Agent’s lien on principal’s property
- 222: Agent to be indemnified against 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 criminal 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 agent supposed to be principal
- 233: Right of person dealing with agent personally liable
- 234: Consequence of inducing agent or principal to act on belief that principal or agent will be
- 235: Liability of pretended agent
- 236: Person falsely contracting as agent not entitled to performance
- 237: Liability of principal inducing belief that agent’s unauthorized acts were authorized
- 238: Effect, on agreement, of misrepresentation or fraud by agent
Chapter XI — Of Partnership
- 239 to 266: [Repealed] Of Partnership(repealed)
Preliminary
Schedule
- Schedule: Schedule [Repealed](repealed)
Legal information only. Verify current law and obtain advice from a qualified lawyer for your circumstances.