The Indian Contract Act, No. IX of 1872: Together with an Introduction and Explanatory Notes, Table of Contents, Appendix and Index |
Common terms and phrases
acceptance action agent agreed agreement amount apply arising authority bailed bailee bailment bailor Bank of Bengal becomes bill of exchange bill of lading bound breach breach of contract buyer charter-party Chunder circumstances claim compensation consent consideration contract Court covenant creditor damages debt default defendant deliver delivery discharge dissolution duty effect enforced English law entitled express fact firm fraud give given guarantee held illegal illustration implied incurred insolvent intention interest latter liable lien loss ment misor negotiable instruments note to section notice obligation owner paid partner partnership party pawnee payment performance plaintiff pledge possession principal debtor profits promisor Property Act purchaser purpose reasonable received reciprocal promises recover refusal regard respect revocation rule rupees section 90 sell seller ship sold specific sued suit surety thing third person tion transaction trust unless vendor void voidable warranty wharfinger
Popular passages
Page 474 - Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the firm, or with the authority of his copartners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable therefor to the same extent as the partner so acting or omitting to act.
Page 421 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 221 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 220 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract...
Page 317 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding...
Page 480 - A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership to interfere in the management or administration of the partnership business or affairs...
Page 150 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 150 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Page 472 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on the business, does not of itself make the lender a partner with the person or persons carrying . on the business or liable as such.
Page 117 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.