Indian Contract Act, 1872 [English] Bare Act ICA-1872

Here You Learn or read about the Indian Contract Act, 1872 [English], Bare Act ICA-1872 for your legal studies.

SHORT TITLE

INDIAN CONTRACT ACT, 1872

[No. 9 of 1872) [25th April, 1872]

1. Short title –This Act may be called the Indian Contract Act, 1872.

Extent, Commencement – It extends to the whole of India [The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019)] and it shall come into force on the first day of September, 1872.

Saving – Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act.

Interpretation clause

2. Interpretation-clause – In this Act the following words and expressions used in the following senses, unless a contrary intention appears from the context :

(a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

(b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.

(c) The person making the proposal is called the “promisor”, and the person accepting the proposal is called the promisee”.

(d) When, at the desire of the promisor, the 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 act or abstinence or promise is called a consideration for the promise.

(e) Every promise and every set romises, forming the consideration for each other, is an agreement.

(f) Promises which form the consideration or part of the consideration for each other, are called reciprocal promises.

(g) An agreement not enforceable by law is said to be void.

(h) An agreement enforceable by law is a contract.

(i) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract.

(j) A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable

Read Next: Chapter 1: Communication, acceptance and revocation of proposals – ICA 1872