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Contracts Act 1950 [Act 136]

  1. Introductory Text

  2. Part I   PRELIMINARY

    1. 1. Short title
    2. 2. Interpretation
  3. Part II   OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS

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

    1. 10. What agreements are contracts
    2. 11. Who are competent to contract
    3. 12. What is a sound mind for the purposes of contracting
    4. 13. "Consent"
    5. 14. "Free consent"
    6. 15. "Coercion"
    7. 16. "Undue influence"
    8. 17. "Fraud"
    9. 18. "Misrepresentation"
    10. 19. Voidability of agreements without free consent
    11. 20. Power to set aside contract induced by undue influence
    12. 21. Agreement void where both parties are under mistake as to matter of fact
    13. 22. Effect of mistake as to law
    14. 23. Contract caused by mistake of one party as to matter of fact
    15. 24. What considerations and objects are lawful, and what not
    16. Void Agreements

    17. 25. Agreements void if considerations and objects unlawful in part
    18. 26. Agreement without consideration, void, unless-
    19. 27. Agreement in restraint of marriage void
    20. 28. Agreement in restraint of trade void
      Exception 1-Saving of agreement not to carry on business of which goodwill is sold;
      Exception 2-of agreement between partners prior to dissolution;
      Exception 3-or during continuance of partnership
    21. 29. Agreements in restraint of legal proceedings void
      Exception 1—Saving of contract to refer to arbitration dispute that may arise
      Exception 2—Saving of contract to refer questions that have already arisen
    22. 30. Agreements void for uncertainty
    23. 31. (1) Agreements by way of wager void
      (2) Exception in favour of certain prizes for horse racing
  5. Part IV   OF CONTINGENT CONTRACTS

    1. 32. "Contingent contract"
    2. 33. Enforcement of contracts contingent on an event happening
    3. 34. Enforcement of contracts contingent on an event not happening
    4. 35. When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
    5. 36. (1) When contracts become void which are contingent on happening of specified event within fixed time
      (2) When contracts may be enforced which are contigent on specified event not happening within fixed time
    6. 37. Agreement contingent on impossible events void
  6. Part V   OF THE PERFORMANCE OF CONTRACTS

    1. 38. Obligation of parties to contracts
    2. 39. Effect of refusal to accept offer of performance
    3. 40. Effect of refusal of party to perform promise wholly
    4. By whom Contracts must be Performed

    5. 41. Person by whom promise is to be performed
    6. 42. Effect of accepting performance from third person
    7. 43. Devolution of joint liabilities
    8. 44. (1) Any one of joint promisors may be compelled to perform
      (2) Each promisor may compel contribution
      (3) Sharing of loss by default in contribution
    9. 45. Effect of release of one joint promisor
    10. 46. Devolution of joint rights
    11. Time and Place for Performance

    12. 47. Time for performance of promise where no application is to be made and no time is specified
    13. 48. Time and place for performance of promise where time is specified and no application to be made
    14. 49. Application for performance on certain day to be at proper time and place
    15. 50. Place for performance of promise where no application to be made and no place fixed
    16. 51. Performance in manner or at time prescribed or sanctioned by promisee
    17. Performance of Reciprocal Promises

    18. 52. Promisor not bound to perform unless reciprocal promisee ready and willing to perform
    19. 53. Order of performance of reciprocal promises
    20. 54. Liability of party preventing event on which contract is to take effect
    21. 55. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
    22. 56. (1) Effect of failure to perform at fixed time, in contract in which time is essential
      (2) Effect of failure when time is not essential
      (3) Effect of acceptance of performance at time other than that agreed upon
    23. 57. (1) Agreement to do impossible act
      (2) Contract to do act afterwards becoming impossible or unlawful
      (3) Compensation for loss through non-performance of act known to be impossible or unlawful
    24. 58. Reciprocal promise to do things legal, and also other things illegal
    25. 59. Alternative promise, one branch being illegal
    26. Appropriation of Payments

    27. 60. Application of payment where debt to be discharged is indicated
    28. 61. Application of payment where debt to be discharged is not indicated
    29. 62. Application of payment where neither party appropriates
    30. Contracts which need not be Performed

    31. 63. Effect of novation, rescission and alteration of contract
    32. 64. Promisee may dispense with or remit performance of promise
    33. 65. Consequences of rescission of voidable contract
    34. 66. Obligation of person who has received advantage under void agreement, or contract that becomes void
    35. 67. Mode of communicating or revoking rescission of voidable contract
    36. 68. Effect of neglect of promisee to afford promisor reasonable facilities for performance
  7. Part VI   OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

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

    1. 74. (1) Compensation for loss or damage caused by breach of contract
      (2) Compensation for failure to discharge obligation resembling those created by contract
    2. 75. Compensation for breach of contract where penalty stipulated for
    3. 76. Party rightfully rescinding contract entitled to compensation
  9. Part VIII   OF INDEMNITY AND GUARANTEE

    1. 77. "Contract of indemnity"
    2. 78. Rights of indemnity-holder when sued
    3. 79. "Contract of guarantee", "surety", "principal debtor" and "creditor"
    4. 80. Consideration for guarantee
    5. 81. Surety's liability
    6. 82. "Continuing guarantee"
    7. 83. Revocation of continuing guarantee
    8. 84. Revocation of continuing guarantee by surety's death
    9. 85. Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default
    10. 86. Discharge of surety by variance in terms of contract
    11. 87. Discharge of surety by release or discharge of principal debtor
    12. 88. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue principal debtor
    13. 89. Surety not discharged when agreement made with third person to give time to principal debtor
    14. 90. Creditor's forbearance to sue does not discharge surety
    15. 91. Release of one co-surety does not discharge others
    16. 92. Discharge of surety by creditor's act or omission impairing surety's eventual remedy
    17. 93. Rights of surety on payment or performance
    18. 94. Surety's right to benefit of creditor's securities
    19. 95. Guarantee obtained by misrepresentation invalid
    20. 96. Guarantee obtained by concealment invalid
    21. 97. Guarantee on contract that creditor shall not act on it until co-surety joins
    22. 98. Implied promise to indemnify surety
    23. 99. Co-sureties liable to contribute equally
    24. 100. Liability of co-sureties bound in different sums
  10. Part IX   OF BAILMENT

    1. 101. "Bailment", "bailor" and "bailee"
    2. 102. Delivery to bailee how made
    3. 103. Bailor's duty to disclose faults in goods bailed
    4. 104. Care to be taken by bailee
    5. 105. Bailee when not liable for loss, etc., of thing bailed
    6. 106. Termination of bailment by bailee's act inconsistent with conditions
    7. 107. Liability of bailee making unauthorized use of goods bailed
    8. 108. Effect of mixture, with bailor's consent, of his goods with bailee's
    9. 109. Effect of mixture, without bailor's consent, when the goods can be separated
    10. 110. Effect of mixture, without bailor's consent, when the goods cannot be separated
    11. 111. Repayment by bailor of necessary expenses
    12. 112. Restoration of goods lent gratuitously
    13. 113. Return of goods bailed, on expiration of time or accomplishment of purpose
    14. 114. Bailee's responsibility when goods are not duly returned
    15. 115. Termination of gratuitous bailment by death
    16. 116. Bailor entitled to increase or profit from goods bailed
    17. 117. Bailor's responsibility to bailee
    18. 118. Bailment by several joint owners
    19. 119. Bailee not responsible on re-delivery to bailor without title
    20. 120. Right of third person claiming goods bailed
    21. 121. Right of finder of goods; may sue for specific reward offered
    22. 122. When finder of thing commonly on sale may sell it
    23. 123. Bailee's particular lien
    24. 124. General lien of bankers, factors, wharfingers, advocates and policy brokers
    25. Bailments of Pledges

    26. 125. "Pledge", "pawnor" and "pawnee"
    27. 126. Pawnee's right of retainer
    28. 127. Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances
    29. 128. Pawnee's right as to extraordinary expenses incurred
    30. 129. Pawnee's right where pawnor makes default
    31. 130. Defaulting pawnor's right to redeem
    32. 131. Pledge by possessor of goods, or of documentary title to goods
    33. 132. Pledge where pawnor has only a limited interest
    34. Suits by Bailees or Bailor againts Wrongdoers

    35. 133. Suit by bailor or bailee against wrongdoer
    36. 134. Apportionment of relief or compensation obtained by such suits
  11. Part X   AGENCY

      Appoinment and Authority of Agents

    1. 135. "Agent" and "principal"
    2. 136. Who may employ agent
    3. 137. Who may be an agent
    4. 138. Consideration not necessary
    5. 139. Agent's authority may be expressed or implied
    6. 140. Definitions of express and implied authority
    7. 141. Extent of agent's authority
    8. 142. Agent's authority in an emergency
    9. Sub-agents

    10. 143. When agent cannot delegate
    11. 144. "Sub-agent"
    12. 145. (1) Representation of principal by sub-agent properly appointed
      (2) Agent’s responsibility for sub-agent
      (3) Sub-agent's responsibility
    13. 146. Agent's responsibility for sub-agent appointed without authority
    14. 147. Relation between principal and person duly appointed by agent to act in business of agency
    15. 148. Agent's duty in naming such person
    16. Ratification

    17. 149. Right of person as to acts done for him without his authority. Effect of ratification
    18. 150. Ratification may be expressed or implied
    19. 151. Knowledge requisite to valid ratification
    20. 152. Effect of ratifying unauthorized act forming part of a transaction
    21. 153. Ratification of unauthorized act cannot injure third person
    22. Revocation of Authority

    23. 154. Termination of agency
    24. 155. Termination of agency, where agent has an interest in subjectmatter
    25. 156. When principal may revoke agents' authority
    26. 157. Revocation where authority has been partly exercised
    27. 158. Compensation for revocation by principal or renunciation by agent
    28. 159. Notice of revocation or renunciation
    29. 160. Revocation and renunciation may be expressed or implied
    30. 161. When termination of agent's authority takes effect as to agent, and as to third persons
    31. 162. Agent's duty on termination of agency by principal's death or insanity
    32. 163. Termination of sub-agent's authority
    33. Agent's duty to Principal

    34. 164. Agent's duty in conducting principal's business
    35. 165. Skill and diligence required from agent
    36. 166. Agent's accounts
    37. 167. Agent's duty to communicate with principal
    38. 168. Right of principal when agent deals, on his own account, in business of agency without principal's consent
    39. 169. Principal's right to benefit gained by agent dealing on his own account in business of agency
    40. 170. Agent's right of retainer out of sums received on principal's account
    41. 171. Agent's duty to pay sums received for principal
    42. 172. When agent's remuneration becomes due
    43. 173. Agent not entitled to remuneration for business misconducted
    44. 174. Agent's lien on principal's property
    45. Principal's duty to Agent

    46. 175. Agent to be indemnified against consequences of lawful acts
    47. 176. Agent to be indemnified against consequences of acts done in good faith
    48. 177. Non-liability of employer of agent to do a criminal act
    49. 178. Compensation to agent for injury caused by principal's neglect
    50. Effect of Agency on Contract with Third Persons

    51. 179. Enforcement and consequences of agent's contracts
    52. 180. Principal how far bound when agent exceeds authority
    53. 181. Principal not bound when excess of agent's authority is not separable
    54. 182. Consequences of notice given to agent
    55. 183. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
    56. 185. Performance of contract with agent supposed to be principal
    57. 186. Right of person dealing with agent personally liable
    58. 187. Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
    59. 188. Liability of pretended agent
    60. 189. Person falsely contracting as agent not entitled to performance
    61. 190. Liability of principal inducing belief that agent's unauthorized acts were authorized
    62. 191. Effect, on agreement, of misrepresentation or fraud by agent


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