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Contract Notes

The document outlines various legal acts including the Specific Relief Act, Sales of Goods Act, Partnership Act, and Indian Contract Act, detailing their sections and key provisions. It covers topics such as specific performance of contracts, rights of unpaid sellers, nature of partnerships, and types of contracts including indemnity, bailment, and agency. Each act is structured into chapters that define essential terms, obligations, rights, and remedies related to contracts and partnerships.

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0% found this document useful (0 votes)
23 views5 pages

Contract Notes

The document outlines various legal acts including the Specific Relief Act, Sales of Goods Act, Partnership Act, and Indian Contract Act, detailing their sections and key provisions. It covers topics such as specific performance of contracts, rights of unpaid sellers, nature of partnerships, and types of contracts including indemnity, bailment, and agency. Each act is structured into chapters that define essential terms, obligations, rights, and remedies related to contracts and partnerships.

Uploaded by

banic83973
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Contract & Ors.

Specific Relief Act, 1963

Part I: Preliminary
• Section 1 – Short title, extent, and commencement
• Section 2 – Definitions

Part II: Specific Relief

Chapter II: Specific Performance of Contracts


• Section 10 – Specific performance of contracts when enforceable
• Section 11 – Specific performance of contracts related to trusts
• Section 12 – Specific performance of part of contract
• Section 14 – Contracts that cannot be specifically enforced
• Section 16 – Personal bars to relief
• Section 19 – Against whom specific performance may be enforced
• Section 20 – Discretion of the court in granting specific performance

Chapter III: Rectification of Instruments


• Section 26 – Rectification of instruments

Chapter IV: Rescission of Contracts


• Section 27 – When rescission may be adjudged

Chapter V: Cancellation of Instruments


• Section 31 – When cancellation may be ordered

Chapter VI: Declaratory Decrees


• Section 34 – Declaratory decree
• Section 35 – Effect of declaration

Chapter VII: Injunctions


• Section 36 – Preventive relief how granted
• Section 37 – Temporary and perpetual injunctions
• Section 38 – Perpetual injunction when granted
• Section 39 – Mandatory injunctions
• Section 41 – Cases where an injunction cannot be granted

Sales of Goods Act, 1930

Chapter I: Preliminary
• Section 1 – Short title, extent, and commencement
• Section 2 – Definitions (Key terms: Buyer, Seller, Goods, Delivery, Price, etc.)

Chapter II: Formation of the Contract of Sale


• Section 4 – Sale and agreement to sell
• Section 5 – How a contract of sale is made
• Section 6 – Existing and future goods
• Section 7 – Goods perishing before making the contract
• Section 8 – Goods perishing after the agreement but before sale
• Section 10 – Determination of price
• Section 12 – Condition and warranty
• Section 13 – When condition is treated as warranty
• Section 14 – Implied undertaking as to title
• Section 16 – Implied conditions as to quality or fitness

Chapter III: Effects of the Contract


• Section 18 – Goods must be ascertained
• Section 19 – Property passes when intended to pass
• Section 20-24 – Rules for passing of property
• Section 26 – Risk prima facie passes with property
• Section 27 – Sale by person not the owner (Nemo dat quod non habet)
• Section 30 – Sale by a person in possession under a voidable contract

Chapter IV: Performance of the Contract


• Section 31 – Duties of seller and buyer
• Section 32 – Payment and delivery are concurrent conditions
• Section 37 – Delivery and part delivery
• Section 39 – Delivery to carrier or wharfinger
• Section 41 – Buyer's right to examine the goods

Chapter V: Rights of Unpaid Seller


• Section 45 – Unpaid seller defined
• Section 46 – Rights of unpaid seller
• Section 47 – Lien of unpaid seller
• Section 48 – Termination of lien
• Section 50 – Right of stoppage in transit
• Section 54 – Remedy for breach of warranty

PartnerShip Act, 1932

Chapter I: Preliminary
• Section 1 – Short title, extent, and commencement
• Section 2 – Definitions (Important terms: Firm, Firm name, Partnership, Partner, etc.)

Chapter II: Nature of Partnership


• Section 4 – Definition of partnership
• Section 5 – Partnership arises from contract, not status
• Section 6 – Determining the existence of partnership
• Section 7 – Partnership at will
• Section 9 – General duties of partners
• Section 10 – Duty to indemnify for loss caused by fraud
Chapter III: Relations of Partners to One Another
• Section 12 – Rights and duties of partners
• Section 13 – Mutual rights and liabilities
• Section 14 – Firm’s property
• Section 15 – Application of firm’s property
• Section 16 – Personal profit earned by a partner
• Section 17 – Rights and duties after change in the firm

Chapter IV: Relations of Partners to Third Parties


• Section 18 – Partner as agent of the firm
• Section 19 – Implied authority of partner
• Section 20 – Extension and restriction of partner’s authority
• Section 25 – Liability of a partner for firm’s acts
• Section 26 – Liability for acts of partners done after retirement
• Section 29 – Rights of transferee of a partner’s interest

Chapter V: Incoming and Outgoing Partners


• Section 31 – Admission of a partner
• Section 32 – Retirement of a partner
• Section 33 – Expulsion of a partner
• Section 37 – Right of outgoing partner to share in subsequent profits

Chapter VI: Dissolution of a Firm


• Section 39 – Dissolution of a firm
• Section 40 – Dissolution by agreement
• Section 41 – Compulsory dissolution
• Section 42 – Dissolution on happening of certain events
• Section 44 – Dissolution by court (Grounds include insanity, misconduct, etc.)

Chapter VII: Registration of Firms


• Section 56 – Power to make rules
• Section 58 – Application for registration
• Section 59 – Entry of firm in the register
• Section 69 – Effect of non-registration (firm cannot sue third parties)

Indian Contract Act,1872

Chapter I: Nature of Contracts


• Section 1 – Short title, extent, and commencement
• Section 2 – Definitions (Key terms: Agreement, Contract, Proposal, Promise, Consideration, Void and Voidable
Contracts, etc.)
• Section 3 – Communication, acceptance, and revocation of proposals
• Section 4 – Communication when complete
• Section 5 – Revocation of proposals and acceptances
• Section 6 – Revocation of offer
• Section 7 – Acceptance must be absolute
• Section 10 – What agreements are contracts (Essentials of a valid contract)
• Section 11 – Who are competent to contract (Minors, Unsound mind, Disqualified persons)
• Section 12 – What is a sound mind for the purpose of contracting
• Section 13 – Consent defined
• Section 14 – Free consent
• Section 15 – Coercion
• Section 16 – Undue influence
• Section 17 – Fraud
• Section 18 – Misrepresentation
• Section 19 – Voidability of agreements without free consent
• Section 20 – Agreement void due to mutual mistake
• Section 23 – Consideration and objects that are unlawful
• Section 25 – Agreement without consideration is void (Exceptions)
• Section 26 – Agreement in restraint of marriage void
• Section 27 – Agreement in restraint of trade void
• Section 28 – Agreement in restraint of legal proceedings void
• Section 29 – Agreements void for uncertainty
• Section 30 – Agreements by way of wager void

Chapter IV: Performance of Contracts


• Section 37 – Obligation of parties to contracts
• Section 39 – Effect of refusal to perform promise (Anticipatory breach of contract)
• Section 40 – Person by whom promise is to be performed
• Section 41 – Performance by a third party
• Section 42 – Devolution of joint liabilities
• Section 55 - Effect of failure to perform at fixed time, in contract in which time is essential. ( Time is the
essence of the contract)
• Section 56 – Agreement to do impossible acts (Doctrine of Frustration)
• Section 59 - Application of payment where debt to be discharged is indicated.
• Section 60- not indicated.
• Section 61 - where neither party appropriates.
• Section 62 - Effect of novation, rescission, and alteration of contract.

Chapter VI: Breach of Contract & Remedies


• Section 73 – Compensation for loss or damage caused by breach of contract
• Section 74 – Compensation for breach of contract where penalty is stipulated
• Section 75 – Party rightfully rescinding contract entitled to compensation
Part 2: Special Types of Contracts

Contract of Indemnity & Guarantee (Sections 124-147)


• Section 124 – Contract of Indemnity defined
• Section 126 – Contract of Guarantee defined
• Section 128 – Surety’s liability is co-extensive with that of the principal debtor
• Section 130 – Revocation of continuing guarantee
• Section 133 – Discharge of surety by variance in contract

Contract of Bailment & Pledge (Sections 148-181)


• Section 148 – Bailment defined
• Section 151 – Duty of bailee to take care of goods
• Section 152 – Bailee not liable for loss if reasonable care is taken
• Section 172 – Pledge defined
• Section 176 – Pawnee’s right to sell

Contract of Agency (Sections 182-238)


• Section 182 – Agent and Principal defined
• Section 183 – Who may employ an agent
• Section 201 – Termination of agency
• Section 227 – Principal’s liability for agent’s acts (Vicarious Liability)

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