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The Indian Contract Act, 1872 Arrangement of Sections Section 1 Section 2(a) Section 2(b) Section 2(c) Section

2(d) Section 2(e) Section 2(f) Section 2(g) Section 2(h) Section 2(i) Section 2(j) Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35 Section 36 Section 37

Short title and commencement Defines a proposal Defines a promise and acceptance Defines a 'promisor' and a 'promisee' Defines a consideration Defines an agreement Defines a reciprocal promise Defines a void contract Defines a contract Defines a voidable contract Defines a void contract Communication, acceptance and revocation of proposals Communication when complete Revocation of proposals and acceptances - when? Revocation how made Acceptance must be absolute Acceptance by performing conditions, or receiving consideration Promises express and implied Essential elements of a valid contract Competence to conntract Soundness of mind Consent Free consent Coercion Undue Influence Fraud Misrepresentation Consequences of coercion, undue influence and misrepresentation Mistake of fact Mistake of law Unilateral mistake Unlawful consideration or object Consideration/object unlawful in part Agreement without consideration (with exceptions) Agreements in restraint of marriage void Agreements in restraint of trade void Agreements in restraint of legal proceedings void Agreements with uncertain meaning void Agreements by way of wager void Contingent contracts Enforcement of contracts contingent on an event happening Enforcement of contracts contingent on an event not happening.Enforcement of contingent contracts Enforcement of contingent contracts Agreement contingent on impossible events Parties must perform their respective promises

Section 38 Section 39 Section 40 Section 41 Section 42 Section 43 Section 44 Section 45 Section 46 Section 47 Section 48 Section 49 Section 50 Section 51 Section 52 Section 53 Section 54 Section 55 Section 56 Section 57 Section 58 Section 59 Section 60 Section 61 Section 62 Section 63 Section 64 Section 65 Section 66 Section 67 Section 68 Section 69 Section 70 Section 71 Section 72 Section 73 Section 74 Section 75

Refusal to accept offer of performance Effect of refusal of party to perform promise wholly Person by whom promise is to be performed Effect of accepting performance from third person Joint promises - rights and liabilities of joint promisors Joint promises - rights and liabilities of joint promisors Joint promises - release of joint promisor Joint promises - rights of joint promisees Time and place of performance of promise Time and place of performance of promise Time and place of performance of promise Time and place of performance of promise Time and place of performance of promise Reciprocal promises Reciprocal promises Reciprocal promises Reciprocal promises Effect of failure to perform at fixed time, in contract in which time is essential Agreements to do impossible acts Reciprocal promise to do things legal and also other things illegal Alternative promise, one branch being illegal Appropriation of payments Appropriation of payments Appropriation of payments Novation, rescission and alteration of contracts Waiver/Remission by promisee Restoration of benefit under a voidable contract Restoration of advantage received by anybody under a void contract Communication of rescission Neglect of promise Types of Quasi-contracts - Claim for necessaries Types of Quasi-contracts - Recovery of payment of others' dues Types of Quasi-contracts - Obligation of persons enjoying non-gratuitous acts Types of Quasi-contracts - Responsibility of finder of goods Types of Quasi-contracts - Liability for money paid/thing delivered by mistake/co Compensation for loss or damage caused by breach of contract Compensation for breach of contract where penalty stipulated for Party rightfully rescinding contract entitled to compensation

A Fitch V Snedaker (1868) Carlill V Carbolic Smoke Ball Co Fisher v Bell (1961) Edgington v Fitzmaurice (1885) Long V Lloyd (1958) Leaf v International Galleries Waltons Stores v Maher (1988)

B you can only accept an offer when it was clearly communicated to you, you can an offer is accepted to the world at large when the intention of the offeree is clea displaying goods in a shop window is merely an invitation to treat an exception to the rule, future statements can sometimes be classed as misrep after finding out about the misrep. the innocent party renegotiated the terms 5 yrs is too much time from contrct formation to misrepresentation discovery promises before a contract is signed can still be binding

Hyde v Wrench (1840) Associate newspapers V Bancks(1951) Olley v Marlborough Court Ltd (1949) Council of Sydney v West Dummock V Hallett (1866)

counter offer is a rejection of the original offer conditions are defined based on the importance of the term exclusion clasues must be easily seen by a reasonable person court will protect those who are forced to sign contracts if the other person does statement of an opinion is not a misrepresentation, it must be statement of fact

srepresentation

happening.-

n which time is essential things illegal

r a void contract

oying non-gratuitous acts

hing delivered by mistake/coercion

stipulated for

mmunicated to you, you cant accept it if you were not aware of it. tention of the offeree is clear ation to treat etimes be classed as misrepresentations renegotiated the terms epresentation discovery

cts if the other person does something outside the contract must be statement of fact