INDIAN

INDIAN CONTRACT
CONTRACT
ACT,
ACT, 1872
1872
CHARAK RAY
libra.charak@gmail.com
CONTRACT
CONTRACT - According to sec.2(h), a
contract is defined as an agreement
enforceable before the law.

AGREEMENT - According to sec.2(e),

every promise or set of promises forming
consideration for each other.

PROMISE - According to sec.2(b),

when a person made a proposal to
another to whom proposal is made, if
proposal is assented there to.
OFFER - According to Sec.2(a), when a
person made a proposal, when he signifies
to another his willingness to do or to abstain
from doing something.

AGREEMENT = OFFER + ACCEPTANCE

CONSENSUS - AD – IDEM-
According to Sec.13, meeting of minds or
identity of minds or receiving the same thing
in same sense at same time.
Agreement Legal Obligation

Contract
“All agreements are contract
but all
contracts are not
agreements.”
CONTRACT = AGREEMENT +
ENFORCIBILITY BEFORE LAW
 ESSENTIAL ELEMENTS
OF A VALID CONTRACT
(Sec.10)
1.Offer & acceptance.
2.Intention to create legal relationship.
3.Consensus - ad - idem.
4.Consideration.
5.Capacity to contract.
6.Free consent.
7.Legality of object.
8.Possibility of performance.
9.Writing & registration.
TYPES
TYPES OF
OF CONTRACTS
CONTRACTS
VALID CONTRACTS

Absolute contract
Contingent contract(Sec. 31-36)
Express contract
Implied/Quasi contract(Sec.68- 72)
Valid contract - If all the condition are
fulfilled it is called as a valid contract.
Contingent contract - In a contract
to do or not to do something, if an event
is collateral, does or doesn't happen.
Express contract - When contracts
are either in writing or in oral.
Implied contract - When contracts
are neither in writing nor in oral.
Absolute contract - A contract which
is not dependent on fulfillment of any
condition.
 INVALID CONTRACTS

Void contract
Is void(Void - ab - initio)
Becomes void
Voidable contract
Illegal contract
Unenforceable contract
Invalid contract - In a contact if
any one condition is not fulfilled.
Is void (Void-ab-initio) - An
agreement which is not valid from
the beginning.
Becomes void - An agreement
which is valid in the beginning but
due to some supervening
impossibility the contract becomes
void.
Voidable contract - A contract
which is valid unless until avoided
by either the party.
Illegal contract - An agreement
forbidden by law.
Unenforceable contract - It is
valid but due to some technical
defect the contract becomes void. In
case defects are removed the
contract is enforceable.(lack of
registration, lack of signature etc.,)
 OTHER TYPES
OF CONTRACTS
•Executed contract
•Executory contract
•Unilateral contract
•Bilateral contract
Executed contract - In a contract where both
the parties have performed their obligation,
there is remaining nothing to perform.
Executory contract - In a contract where both
the parties are yet to perform their obligation.
Unilateral contract - In a contract one party
has performed his obligation and other
person is yet to perform his obligation.
Bilateral contract - In a contract where both
the parties have performed their obligation.
Bilateral & Executory are same and inter -
changeable.
OFFER
 OFFER
According to Sec.2(a), when a person
made a proposal, when he signifies to
another his willingness to do or to
abstain from doing something.
TYPES OF OFFER
 Express offer
 Implied offer
 Specific offer
 General offer
 Cross offer
 Counter offer
 Standing offer
Express offer - When offer is given
to another person either in writing or in
oral.
Implied offer - When offer is given
to another person neither in writing nor
in oral.
Specific offer - When offer is given
to a specific person.
General offer - When offer is given
to entire world at a large.
Cross offer - When both the persons
are making identical offers to
eachother in ignorance of other’s offer.
Counter offer - When both the
persons are making offers to eachother
which are not identical in ignorance of
other’s offer.
Standing offer - An offer which
remains continuously enforceable for a
certain period of time.
 LEGAL RULES FOR OFFER
Offer must be given with an intention
to create a legal relationship.

Offer must be definite.

There is a clear cut difference

between offer, invitation to offer,
invitation to sale.
Offer must be communicated.

Mere statement of price of price is not

an offer.
ACCEPTANCE
 ACCEPTANCE

According to sec.2(b), when a person

made a proposal to another to whom
proposal is made, if proposal is assented
there to, it is called acceptance.
 LEGAL RULES FOR
ACCEPTANCE
• Acceptance must be given as per the
mode prescribed by the offerer.
• Acceptance must be given before the
lapse of time or within reasonable time.
• Acceptance must be unconditional.
• Acceptance may be given by any
person in case of general offer.
• Acceptance may be given by any
specific person in case of specific offer.
• Acceptance must be communicated.
• Mental acceptance is no acceptance
or acceptance must not be derived from
silence.
• Acceptance must not be precedent to
offer.
CONSIDERATION
 CONSIDERATION
According to sec 2(d) consideration is
defined as “when at the desire of the
promisor , or promisee or any other
person has done or abstained from doing
or does or abstains from doing ,or
promises to do or to abstain from doing ,
something , such an act or absinence or
promise is called a consideration for the
promise .
 When a party to an agreement promises
to do something he must get
“something” in return .This “something”
is defined as consideration.
LEGAL RULES AS TO CONSIDERATION
1)It must move at the desire of the promisor.

2)It may move by the promisee .

3)It must be past ,present or future .

4)It need not be adequate .
5)It must be real .
6)It must not be illegal , immoral or opposed to public policy .
 STRANGER TO CONTRACT
It is general rule of contract that only parties
to contract can sue & be sued on that
contract . This rule is known as ‘Doctrine of
privity’ i.e relationship between the parties to
contract .
Exceptions
1)A trust or a charge .
2)Marriage settlement , partition or other
family arrangements .
3)Estoppel
4)Assignment of contract .
5)Contract with agent .
6)Convenants running with land .
Contract without consideration
is void – Exceptions

Love & affection .

Compensation for voluntary service .
Promise to pay a time – barred debt .
Completed gift .
Agency sec (185) .
Charity .
Contract of bailment sec(148 ) .
No consideration no
contract
CAPACITY
TO
CONTRCT
Capacity to contract
Following are the condition for a person
to enter into contract
 He must be major
 He must be sound mind
 He must not be disqualified by any
other law.
Disqualified persons to
enter into a contract
a) Minor
b) unsound person
c)others
i.e alien enemy,
insolvent,
convict,
company/corporationagainst MOA / AOA .
 Minor
According to Indian majority act sec(3)
minor is defined as any person under the
age of 18 years . In the following cases a
person is said to be minor if he does
not complete the age of 21 years
a) any person under the guardian & wards
act ,1890
b)any person which comes under
superintendence of law/legal representative
Rules governing minors
agreement

 Rule 1 : judges are counsellors ,

jury is the servant ,
law is the guardian .
 Rule 2:in case minor entered into a
contract which is unlawful , illegal ,
immoral he is also prosecutable &
punishable under the relevant law.
 Legal rules
 An agreement with minor is void
ab initio

 Minor can be promisee

 Minor cannot ratify his agreement

on attaining the age of majority
 Minor as a shareholder ,
 Minor as a partner,
 Minor as a agent ,
 Minor as a member of trade union ,
 No estoppel against minor ,
 He can plead his minority ,
 He can enter into contract for his
necessary
 On behalf of minor his parents ,
guardian or any other person can
enter into void contract to acquire
movable property.
Unsound person
 According to sec(12) a person
generally sound , occasionally
unsound can enter into a
contract when he of sound mind
 A person generally unsound
occasionally sound can enter
onto contract when he is sound
mind .
 Persons of
unsound mind
1)Lunatic ,
2)Idiots ,
3)Drunken or intoxicated persons .
 FREE
CONSENT
 FREE CONSENT
According to Sec 10 of the Indian Contract Act one
of the essentials of a valid contract is “Free Consent”
Sec 13 defines “consent” as “Two or more persons
are said to consent when they agree upon the same
thing in the same sense”.According to Sec 14, consent
is said to be free when it is not caused by:
1.Coercion
2.Undue influence
3.Fraud
4.Misrepresentation
5.Mistake
 COERCION
According to Sec 15 coercion means
“Committing or threaten to commit any act
forbidden by Indian Penal Code 1860 or unlawful
detaining or threating to detaining any other
persons property with a view to enter into an
agreement. It is immaterial whether the IPC is or
is not in force where the coercion is employed”

The threat amounting to coercion need not

necessarily be from a party to contract , it may
also proceed from a stranger to the contract.
Consent is said to be caused by coercion when
obtained by:
1.The committing or threatening to commit any act
forbidden by the Indian Penal Code
2.The unlawful detaining or threatening to detain any
property
It is not important whether the IPC is or not in force
where the coercion is taking place.
For example A and B , both Indians are on a voyage
trip to America when the ship is on the Atlantic
ocean B threatens a that if doesn’t transfer his
property to B’s name then he will push him into the
water.now though the IPC is not in force on the
Atlantic ocean it is still considered a coercion.
 Important cases:
1.Chikkim Ammiraju vs. Seshamma:
In this case a person threatened his wife and son that
he would suicide if she doesn’t transfer her property
in his brother’s favour. The wife and son executed
the release of the deed under the threat . Held the
threat of suicide amounted to coercion within Sec
15 and the release deed was therefore voidable.
This also is a very important case
to prove that threat to commit
suicide amounts to coercion
 2. Ranganayakamma vs. Alwar Setty:

A young widowed girl of 13 years was

forced to adopt a boy by her relatives who
prevented the removal of his body for
cremation until she consented. Held the
consent was not free but was induces by
coercion.Consequently the adoption was
set aside.
3.Muthia vs. Muthu Karuppa:
An agent refused to hand over the
account books of a business to the
new agent unless the principal
released him from all liabilities.the
principal had to give a release
deed.held the deed was
given under coercion
and was voidable
at the option of the
principal.
4. Bansraj vs. Secretary of State:
The government gave a threat of
attachment against the property of
P for the recovery of the fine due
from his son. P paid the fine. Held
contract was
induced by
coercion
 UNDUE INFLUENCE

Sometimes a party is compelled to enter into a

contract against his will as a result of unfair
persuasion by the other party.
Section 16 defines undue influence as follows
A contract is said to be induced by “undue
influence”where the relations subsisting
between the parties are such that one of the
parties is in a position to dominate the will of
the other and uses that position to obtain an
unfair advantage over the other
 Essentials of undue
influence
1. There are two persons
2. The relations are satisfying between them
3. One must dominate the other
4. There must be unfair advantage
5. It involves the moral pressure
There is an undue influence between the
following persons:
-Principal and agent
-Superior and and subordinate
- Doctor and patient
- Father and son
- Teacher and student
- Promoter and company
- Master servant
- Spiritual advisor and devotee
Among the following relations there is no undue
influence
1.wife and husband
2.landlord and tenant
3.debtor and creditor

CASE: Raniannapurna vs. Swaminathan

A poor Hindu widow was persuaded by a money
lender to agree to pay 100% rate of interest on
money lent by him. She needed the money to
establish her right to maintenance.it was a clear case
of undue influence and the court reduced the rate of
interest to 24%
 FRAUD
According to Sec 17 fraud means and includes any of those
acts committed by a party to contract or with his connivance
or by his agent with an intent to deceive or induce a person to
enter a contract:
1. The suggestion that a fact is true when it is not true
and the person making it does not believe in itto be true
2. The active concealment of a fact by a person having
knowledge or belief of the fact
3. A promise made without any intention of performing it
4. Any other act fitted to deceive
5. Any such act or omission as the law specially declares
to be fraudulent
The essentials of fraud are:
1. There must be a representation or
assertion and it must be false
2.The representation must relate to a fact
3.The representation must have been
made with the intention of inducing the
other party to act upon it
4.the representation must have been made
with a knowledge of its falsity
5.the other party must have subsequently
suffered some loss
MISREPRESENTATION
According to Sec 18 there is misrepresentation:
1. When a person positively asserts a fact is true when
his information does not warrant it to be so, though he
believes it to be true
2. When there is any Breach of duty by a person which
brings an advantage to the person committing it by
misleading another to his prejudice
3. When a party causes however innocently the other
party to the agreement to make a mistake as to the
substance of the thing which s the subject of the
agreement
 Important case:
Babul vs. R.A.Singh:
M was a marriage broker who gave Y the
photograph of a man and told him that the man
was young and rich. Y conveyed the same to his
daughter who agreed for the proposal. But on the
day of marriage it was discovered that the man
was the age of 60. There is fraud between M and
Y. whereas the is misrepresentation between Y
and his daughter.
 MISTAKE

Mistake of law Mistake of fact

Of the Of the foreign

country country Bilateral mistake Unilateral mistake

Mistake as to subject matter Mistake as to As to As to

possibility person nature

Physical impossibility Legal impossibility

existence identity quality quantity title price

 UNLAWFUL
OBJECTIVES
&
VOID AGREEMENTS
 Unlawful agreements

illegal immoral Agreement opposing wager

public policy
An agreement which
interferes with
administration of
government
An agreement
interfering with the
administration of justice
An agreement interfering
with administration of
personal liberties

Restraint of Restraint of Restraint of

Restraint of Restraint of
 UNLAWFUL OBJECT
 If the object of an agreement is the
performance of an unlawful act, the
agreement is unenforceable.
 For a contract to be valid only if the object
and the consideration should be legal.
 The word object means purpose or design.
 Unlawful agreements
An agreement forbidden by law [Sec 23]

An agreement defecting any provisions of law [Sec 24]

Case: Alexander vs. Rayson

A leased a flat to R at a rent of 1,200 pounds.with the
object of deceiving the rating authority two agreements we
entered, one for 450 pounds and one for 750 pounds. A sue
R for recovery of an installment of 750 pounds. Held A cou
not recover and R was entitled to remain in possession of
the flat.
If it is immoral
Case: S.Yellappa vs. Y.Sabu
Cohabitation agreements are immoral
Sumitradevi vs. Sulekha Kundu

An agreement between a husband and wife

to separate in future is immoral and void
An agreement opposed to public policy
If it is fraudulent

If it is creating damage to person or property

Case: Ramswaroop vs. Bansimandir
B borrowed Rs. 100 from L and executed a bond
promising to work for L without pay for a
period of two years.In case of default B was to
pay interest at a very exorbitant rate and the
principal sum of once. Held the contract was
void as it involved injury to the person of B.
ESSENTIAL ELEMENTS
OF WAGER
 There are two persons.
 There must be an uncertain future event.
 No control over the event by both the
parties.
 There must be a reciprocal promise.
 Others are not interested in the contract.
 Wager Contract (Sec 30)
A wager contract is a contract in which one
person promises to another to pay money
or money’s worth by the happening of an
uncertain future event in consideration for
other person’s promise to pay if the event
does not happen.
 Essential Elements of
Wagering
 There are two persons.
 There must be an uncertain future event.
 No control over the event by both the
parties.
 There must be a reciprocal promise.
 Others are not interested in the contract.
 Example:
In a wrestling bout, A
tells B that wrestler
no.1 will win. B
challenges the
statement of A. They
bet with each other
over the result of the
bout. This is a
wagering agreement.
CONTINGENT
CONTRACTS
Contingent Contract(sec 31)
A contingent contract is a contract to do or
not to do something, if some event,
collateral to such contract, does or does not
happen. It is also called a conditional
contract.
 Essential Elements of a
Contingent Contract:
 There are two persons.
 There must be an uncertain future event.
 Some control over the event but not
absolute control.
 There is no reciprocal promise between the
persons.
 Others may be interested in the contract.
 It is a valid contract.
 Example:
 A contracts to pay B
Rs.10,000 if B’s
house is burnt. This is
a contingent contract.
 Rules Regarding Contingent
Contracts
 Contingent contracts dependent on happening of an
uncertain future event cannot be enforced until the event
has happened.( Sec 32 )
 Where a contingent contracts is to be performed if a
particular event does not happen, its performance can be
enforced when the happening of that event becomes
impossible.( Sec 33 )
 If a contract is contingent upon how a person will act at an
unspecified time, the event shall be considered to become
impossible when such person does anything which renders
it impossible that he should so act within any definite time,
or otherwise than under further contingencies.( Sec 34)
 Contingent contracts to do or not to do
anything, if a specified uncertain event does
not happen within a fixed time, may be
enforced if the event does not happen or its
happening becomes impossible before the
expiry of that time.( Sec 35 )

 Contingent agreements to do or not to do

anything, if an impossible event happens,
are void, whether or not the fact is known to
the parties. (Sec 36)
 Differences Between a Wagering
Agreement and a Contingent
Agreement:
 Wager agreement  Contingent agreement
 There is a reciprocal  There is no reciprocal
promise. promise.
 It is a void contract.  It is a valid contract.
 Others are not  Others are interested in
interested in the the contract.
contract.  It may not be wagering
 It is contingent in in nature.
nature.
DISCHARGE OF
A CONTRACT
 DISCHARGE OF A
CONTRACT
DISCHARGE BY PERFORMANCE
DISCHARGE BY AGREEMENT OR
CONSENT
DISCHARGE BY IMPOSSIBILITY OF
PERFORMANCE
DISCHARGE BY LAPSE OF TIME
DISCHARGE BY OPERATION OF LAW
DISHARGE BY BREACH OF CONTRACT
DISCHARGE BY PERFORMANCE
ACTUAL PERFORMANCE
When both parties perform their promises
& there is nothing remaining to perform

ATTEMPTED PERFORMANCE
When the promisor offers to perform his
obligation ,but promisee refuses to accept the
performance. It is also known as tender
 DISCHARGE BY
AGREEMENT OR CONSENT
 NOVATION (Sec 62): New contract substituted for old
contract with the same or different parties
 RESCISSION (Sec 62) : When some or all terms of a contract
are cancelled
 ALTERATION (Sec 62):When one or more terms of
 a contract is/are altered by the mutual consent of the
parties to the contract
 REMISSION (Sec 63) :Acceptance of a lesser fulfilment of
the promise made.
 WAIVER :Mutual abandonment of the right by the parties
to contract
 MERGER :When an inferior right accruing to a party to
contract merges into a superior right accruing to the same
party
 DISCHARGE BY
IMPOSSIBILITY OF
PERFORMANCE
 KNOWN TO PARTIES
 UNKNOWN TO PARTIES
 SUBSEQUENT IMPOSSIBILITY
 SUPERVENNING IMPOSSIBILITY (Sec 56)
Destruction of subject matter
Non-existance of state of things
Death or incapacity of personal services
Change of law
 DISCHARGE BY
LAPSE OF TIME
 THE LIMITATION ACT 1963,
CLEARLY STATES THAT A
CONTRACT SHOULD BE PERFORMED
WITHIN A SPECIFIED TIME CALLED
PERIOD OF LIMITATION

 IF IT IS NOT PERFORMED AND IF THE

PROMISEE TAKES NO ACTION
WITHIN THE LIMITATION TIME,
THEN HE IS DEPRIVED OF HIS
REMEDY AT LAW
 DISCHARGE BY
OPERATION OF LAW

 DEATH
 MERGER
 INSOLVENCY
 UNAUTHORISED ALTERATION OF THE
TERMS OF A WRITTEN AGREEMENT
 RIGHTS & LIABILITIES VESTING IN THE
SAME PERSON
 DISCHARGE BY
BREACH OF CONTRACT
 ACTUAL BREACH :
 At the time of performance
 During the performance

 ANTICIPATORY BREACH
 By the act of promisor
(implied repudation)
 By renunciation of obligation
(express repudation)
REMEDIES
FOR
BREACH OF
CONTRACT
REMEDIES OF INJURED
PARTY
 A remedy is a means given by law for the
enforcement of a right
 Following are the remedies
 [1] Rescission of damages.
 [2] Suit upon quantum meruit.
 [3] Suit for specific performance.
 [4] Suit for injunction.
 RESCISSION
When a contract is broken by one party,the other party may
sue to treat the contract as rescinded and refuse further
performance.In such a case,he is absolved of all his
obligations under the contract.
The court may give rescission due to
1)contract is voidable.2)contract is unlawful
The court may refuse to rescind if
1)Plaintiff has ratified the contract.2)Parties cannot be
restored to the original position.3)The third party has
acquired for value.4)When only a part is sought to be
rescinded.(sec 27 of specific relief act 1937)
 DAMAGES
Damages are a monetary compensation
allowed to the injured party by the court for the
loss or injury suffered by him by the breech of
the contract.The objective of awarding damages
for the breech of contract is to put the injured
party in the same position as if he had not been
injured.This is called the doctrine of
restitution.The fundamental basis is awarding
damages for the pecuniary loss.
 QUANTUM
MERUIT
The phrase quantum meruit literally means ‘as
much as earned’.A right to sue on a quantum
meruit arises when a contract, partly performed
by one party,has been discharged by breach of
contract by the other party.This right is
performed not on original contract but on implied
promise by other party for what has been done.
 SPECIFIC
PERFORMANCE
 In certain cases of breach of contract damages are not an
adequate remedy.The court may,in such cases,direct the party
in breach to carry out his promise according to terms of the
contract.This is a direction by the court for specific
performance of the contract at the suit of the party not in
breach
 Cases for specific performance to be enforced
 1)when the act agreed to be done is such that compensation is
not adequate relief.2)when there is no standard for ascertaining
the actual damage
 3)when it is probable that compensation cannot
 be agreed to be done.
 INJUNCTION
When a party is in breech of a negative term of
contract the court may,by issuing an order,restrain
him by doing what he promised him not to do.
Such an order of the court is called injunction
Court refuses grant of injunction
[1] whereby a promisor undertakes not to do
something
[2] which is negative in substance though not in form
 QUASI
CONTRACTS
 TYPES OF QUASI
CONTRACTS
– Supply of necessaries (Sec 68)
– Payment by a interested person (Sec 69)
– Obligation to pay for non gratuitous acts
(Sec 70 )
– Responsibility of finder of goods (Sec 71 )
– Mistake or Coercion (Sec 72 )
 SUPPLY OF
NECESSARIES
According to sec 68 a minor is liable to pay out
of his property for ‘necessaries’ supplied to him or
to anyone whom he is legally bound to
support.The significance of this is that it does not
arise out of a contract as much so as it arises out of
a contract.the minor is not personally liable and
‘necessaries’ include food,clothing as well as
education,They also include watch bicycle etc.
 OBLIGATION TO PAY FOR
NON GRATUITOUS ACTS
According to Sec 70 when a person lawfully does or
delivers anything for the other ,not intending to do
so gratuitously,and the person derives any benefit
from it,he is liable to compensate,or restore the
thing so done or delivered.
Here three conditions must satisfy
[1] The thing must have been done lawfully
[2] The person intending to do it must not have done
it gratuitously
[3] The person must have derived benefit from the act
PAYMENT BY A INTERESTED
PERSON
According to Sec 69 a person who is interested in
the payment of money which another is bound by
law to pay,and who therefore pays it, is entitled to
be reimbursed by the other.
The essential elements center around
[1] The payment made should be bona fide of ones
interest
[2] The payment should not be a voluntary one
[3] The payment must be such that the other is
bound by law to pay
 RESPONSIBILITY OF THE
FINDER OF GOODS
According to Sec 71 a person who finds goods belonging to
another and takes them into his custody is subject to the
same responsibility as the bailee is bound to take as
much care of the goods as a man of ordinary prudence
would,In addition to that he must make efforts to trace
the owner.If he does not ,he will be guilty of wrong
conversation,and till the owner is found out the property
will vest with the finder,he can sell in case of
[1] goods are or perishable nature
[2] owner cannot be found out
[3] when owner refuses to pay for the lawful charges
[4] when the lawful charges amount to two thirds of thing
INDEMNITY
INDEMNITY (Sec 124)

A CONTRACT BY WHICH ONE

PARTY PROMISES TO ANOTHERR TO
SAVE HIM FROM LOSS CAUSED TO
HIM BY THE CONDUCT OF THE
PROMISOR HIMSELF , OR BY THE
CONDUCT OF ANY OTHER PERSON IS
CALLED A CONTRACT OF INDEMNITY
 ESSENTIAL FEATURES
OF INDEMNITY
 There are two persons , the indemnifier the
indemnified or the indemnity holder
 There must be loss either by the promisor’s
conduct or by any other person’s conduct
 It is a contingent contract by nature
 It may be express or implied

Sec125 deals with the commencement of

the indemnifier’s liability. His liability
commences when the event causing the loss
occurs or when the event saving the
indemnified from the loss becomes impossible
GUARANTEE
 GUARANTEE
(Sec 126)
A CONTRACT OF GUARANTEE IS A CONTRACT TO
PERFORM THE PROMISE, OR DISCHARGE THE
LIABILITY,OF A THIRD PERSON IN CASE OF HIS
DEFAULT. THE PERSON WHO GIVES THE
GUARANTEE IS KNOWN AS THE ‘SURETY’, THE
PERSON IN RESPECT OF WHOM THE GUARANTEE
IS GIVEN IS KNOWN AS THE ‘PRINCIPAL DEBTOR’,
AND THE PERSON TO WHOM THE GUARANTEE IS
GIVEN IS CALLED THE ‘CREDITOR’. A
GUARANTEE MAY BE EITHER ORAL OR WRITTEN.
ESSENTIAL FEATURES
OF GUARANTEE
 Concurrence of three contracts
 Primary liability is that of the principal debtor
 In case the debtor is a minor , the surety’s
liability becomes primary
 All the essentials of a valid contract
 It may be in writing or oral
 There need not be full disclosure of facts to the
surety before he gives the guarantee
TYPES OF GUARANTEE
 SPECIFIC GUARANTEE :
When a guarantee extends to a single
transaction or debt it is known as a specific or
simple guarantee
CONTINUING GUARANTEE :
When a guarantee extends to a series of transactions
It is called continuing guarantee
BAILMENT
 BAILMENT Sec 148
 The word Bailment is derived from the French
word “ballier” which means “to deliver” .
 Bailment means delivery of goods by one person
to another for some purpose ,upon a contract ,that
they shall ,when the purpose is accomplished ,be
returned or otherwise disposed of according to
the instructions of the person delivering them.
The person delivering the goods is called the
‘bailor’ and the person to whom they are
delivered is called the ‘bailee’.
 Essentials of bailment
There are two persons namely Bailor and
Bailee.
Bailor means the person delivering the
goods, Bailee means the person to whom
the goods are delivered.
Their must be delivery of goods .
The goods must be in deliverable
condition.
Only the goods are delivered but not
the ownership of goods, their must be
purpose.
Bailey can use the goods.
Goods must be returned or disposed off
after the purpose is accomplished.
 Duties and rights of
Bailor and Bailee
Duties of bailor.
To disclose known faults.
To bear extraordinary expenses of
bailment.
To indemnify bailee for loss in case of pre
mature termination of gratuitous bailment.
To receive back the goods.
To indemnify the bailee.
 Rights of bailor
Enforcement of rights.
Avoidance of contract. (Sec153)
 Return of goods lent gratuitously. (Sec 159)
Compensation from a wrong –doer. (Sec 180)
Rights of bailee
 Delivery of goods to one of several joint
bailor of goods. (Sec 165).
 Delivery of goods to bailor without title.
(Sec 166).
 Right to apply to court to stop delivery.
(Sec 167)
 Right to action against trespassers. (Sec
180)
 Bailee’ s lien.
PLEDGE
PLEDGE (SEC 172)
The bailment of goods as security for
payment of a debt or performance of a
promise is called “Pledge”.
The bailor in this case is called the
“pledger” or “pawnor” and the bailee is
called the “pledgee” or “pawnee”
 RIGHTS AND DUTIES OF
PAWNOR AND PAWNEE
Rights of Pawnee.
Right of retainer.
Right of retainer for subsequent advances.
Right to extraordinary expenses.
Right against true owner, when the
Pawnor’s title is defective.
Pawnee’s rights where pawnor makes
default .
 Rights of Pawnor
 Right to get back goods.
 Right to redeem debt.
 Presentation and maintenance of the goods.
 Rights of an ordinary debtor.
AGENCY
 AGENT
Sec 182 defines an agent as a
person employed to do any
act for another , or to
represent another in dealings
with third personsthe person
for whom such act is done is
s called the principal
 ESSENTIALS OF
RELATIONSHIP OF
AGENCY

 Agreement between principal & agent

 Intention of agent to act on behalf of the
principal
 Anyone can be an agent
 Anyone can employ an agent
CREATION OF AGENCY
 BY EXPRESS AGREEMENT
 BY IMPLIED AGREEMENT
Agency by estoppel
Agency by holding out
Agency by neccesity
 AGENCY BY RATIFICATION
 AGENCY BY OPERATION OF LAW
 REQUISITES OF VALID
RATIFICATION
 Agent must act as an agent for his principal
 Principal must be in existance at the time of contract
 Ratification must be with full knowledge of facts
 Ratification should be done within a reasonable time of the
performance of the act
 The act to be ratified should be of lawful nature
 The ratification can be done only to the whole transaction & not
any part of it (Sec 199)
 Ratification should be communicated with the party to contract
 Ratification should not cause any damages to a third party
 Ratification can only be of acts which principal had the right to
do
 SUB-AGENT &
SUBSTITUTED AGENT
A sub agent is aperson employed & acting
under the control of the agent in the
business of the agency (Sec 191)

A substituted agent is a person named by the

agent, on an express or implied authority
from the principal, to act for the principal
(Sec 194)
 DIFFERENCES BETWEEN SUB- AGENT &
SUBSTITUTE-AGENT
SUB-AGENT SUBSTITUTE AGENT
1. He works under the 1. He works under the
agent pprincipal
2. There is no contact 2. There is a contract
between the agent & between him & the
the principal principal
3. Agent is wholly & 3. Agent is in no way
solely responsible for responsible for the
the acts of the sub- acts of the substituted
agent agent
 Termination of agency
 By act of parties
Agreement
Revocation by the principal
Revocation by the agent
 By operation of law
Performance of the contract
Expiry of time
Death of either party
Insanity of either party
Insolvency of either party
Destruction of the subject matter
Principal becoming an alien enemy
Dissolution of a company
Termination of sub-agents authority
THANK
YOU