The Indian Contract Act, Act IX of 1872: With a Commentary, Critical, Explanatory, and Illustrative (Google eBook)

Front Cover
Thacker, Spink, 1874 - Contracts - 232 pages
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Contents

Agreement in restraint of marriage void
39
Guarantee obtained by misrepresentation invalid
42
Any one of joint promisors may be compelled to perform
43
Place for performance of engagement where no application to
49
Promisor not bound to perform unless reciprocal promisee ready
51
Performance in manner or at time prescribed or sanctioned
56
Where there are promises to do things legal and also other things
57
Promisee may dispense with or remit performance of promise
63
Or certain Relations resembling those created
69
Title to compensation for breacli of contract in which a sum
74
Resale
77
named as payable in case of breach
80
Sale of Goods When Propertv in Goods sold passes 76 Goods defined 77 Sale defined 78 Sale how effected 79 Transfer of ownership of thing sold ...
82
Ascertainment of goods by subsequent appropriation
83
Ascertainment of goods by sellers selection
84
Transfer of ownership of moveable property when sold together with immoveable
85
Buyer to bear loss after goods have become his property
86
Transfer of ownership of goods agreed to be sold while nonexistent
87
Contract to sell and deliver at a future day goods not in sellers possession at date of contract
88
Determination of price not fixed by contract Deliver 90 Delivery how made
89
Effect of delivery to wharfinger or carrier
91
Effect of partdelivery
92
Seller not bound to deliver until buyer applies for delivery
93
Place of delivery
94
Sellers Lien 95 Sellers lien
95
Lien where payment to be made at a future day but no time fixed for delivery
96
Sellers lien where payment to be made at fulure day and buyer allows goods to remain in sellers possession
97
Sellers lien against subsequent buyer
98
Stoppage in Transit 99 Power of seller to stop in transit 100 When goods are to be deemed in transit
100
Continuance of right of stoppage title
101
Cessation of right on assignment by buyer of document showing
102
How seller may stop where instrument of title assigned to secure
103
Resale on buyers failure to perform Title
107
Title conveyed by seller of goods to buyer Warranty
108
Sellers responsibility for badness of title
109
Establishment of implied warranty of goodness or quality
110
Warranty of soundness implied on sale of provisions
111
Warranty of bulk implied on sale of goods by sample
112
Warranty implied where goods are sold as being of a certain denomination
113
Warranty where goods ordered for a specified purpose
114
Warranty on sale of article of a wellknown ascertained kind
115
Seller when not responsible for latent defects
116
Buyers right oa breach of warranty
117
Right of buyer on breach of warranty in respect of goods not ascertained Miscellaneous
118
When buyer may refuse to accept if goods not ordered are sent with goods ordered
119
Effect of wrongful refusal to accept 121 Right of seller as to rescission on failure of buyer to pay price at time fixed
121
Sale and transfer of lots sold by auction
122
Effect of use by seller of pretended biddings to raise price Chapter VIII Or Indemnity and Guarantee
123
Contract of indemnity defined
124
Rights and liabilities of indemnityholder when sued
125
Contract of guaranteesuretyprincipal debtor and creditor
126
Consideration for guarantee
127
Suretys liability
128
Continuing guarantee
129
Revocation of continuing guarantee
130
Revocation of continuing guarantee by suretys death
131
Liability of two persons primarily liable not affected by a private arrangement between them as to suretyship
132
Discharge of surety by variance in terms of contract
133
Discharge of surety by release or discharge of principal debtor
134
Discharge of surety when creditor compounds with gives time to or agrees not to sue principal debtor
135
Cosureties liable to contribute equally
146
Liability of cosureties bound in different sums
147
Bailment1 bailor and bailee defined
148
Delivery to bailee how made
149
Bailors duty to disclose faults in goods bailed
150
Care to be taken by bailee
151
Bailee when not liable for loss c of thing bailed ditions
152
Termination of bailment by bailees act inconsistent with con
153
Liability of bailee making unauthorized use of goods bailed
154
Effect of mixture with bailors consent of his goods with goods of bailee
155
Effect of mixture without bailors consent when the goods can be separated
156
Effect of mixture without bailors consent when the goods cannot be separated
157
Repayment by bailor of necessary expenses
158
Restoration of goods bailed gratuitously
159
Return of goods bailed on expiration of time or accomplishment of purpose
160
Bailees responsibility when goods are not duly delivered or tendered
161
Termination of gratuitous bailment by death
162
Bailor entitled to increase or profit from goods bailed
163
Bailors responsibility to bailee
164
Bailment by several joint owners
165
Bailee not responsible on redelivery to bailor without title
166
Right of third person claiming goods bailed
167
Right of finder of goods May sue for specific reward offered
168
When finder of thing commonly on sale may sell
169
Bailees particular lien
170
General lien of bankers factors wharfingers attorneys and policy brokers Bailments of Pledges
171
Pledge pawnor and pawnee defined
172
Pawnees right of retainer
173
Pawnee not to retain for debt or promise other than that for which goods pledged
174
Pawnees right as to extraordinary expenses incurred
175
Pawnees right where pawnor makes default
176
Defaulting pawnors right to redeem
177
Pledge by possessor of goods or documentary title to goods
178
Pledge where pledgor has only a limited interest
179
Representation of principal by subagent properly appointed Agents responsibility for subagent Subagents responsibility
192
Agents responsibility for subagect appointed without authority
193
Relation between principal and person duly appointed by agent to act in business of agency
194
Agents duty in naming such person Ratification
195
Right of person as to acts done for him without his authoiity Effect of ratification
196
Ratification may be expressed or implied
197
Knowledge requisite to valid ratification
198
Effect of ratifying unauthorized act forming part of a transaction
199
Ratification of unauthorized act cannot injure third person
200
Revocation of Adthority
201
Termination of agency matter 202 Termination of agency where agent has an interest in subject
202
When principal may revoke agents authority
203
Revocation where authority has been partly exercised
204
Compensation for revocation by principal or renunciation by agent
205
Notice of revocation or renunciation
206
Revocation and renunciation may be expressed or implied
207
When termination of agents authority takes effect
208
Agents duty on termination of agency by principals death or insanity
209
Termination of subagents authority Agents Duty to Principal
210
Agents duty in conducting principals business
211
Skill and diligence required from agent
212
Agents accounts
213
Agents duty to communicate with principal
214
Agents indemnity against consequences of lawful acts
222
Suretys right to benefit of creditors securities
228
specific advance 104 Stoppage how effected 105 Notice of sellers claim 106 Right of seller on stoppage
229

Common terms and phrases

Popular passages

Page 62 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled, unless when the time for the...
Page 40 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within Specified local limits,* so long as the buyer, or any person deriving title to the good-will from him carries on a like business therein,* provided that such limits appear to the Court reasonable, regard being had to the nature of the business.
Page 23 - ... contract or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract...
Page 62 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 195 - Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner or partner under legal disability.
Page 24 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.
Page 21 - Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Page 200 - An Act for rendering a written memorandum necessary to the validity of certain promises and engagements.
Page 29 - When consent to an agreement is caused by undue influence, the agreement Ls a contract voidable at the option of the party whose consent was so caused.
Page 195 - Where a partnership entered into for a fixed term is continued after the term has expired, and without any express new agreement, the rights and duties of the partners remain the same as they were at the expiration of the term, so far as is consistent with the incidents of a partnership at will.

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