What are the important sections and provisions in the Indian Contract ...
Important Sections and Provisions in the Indian Contract Act for UPSC Law Optional Subject
The Indian Contract Act, 1872 is an important legislation that governs contracts in India. It is crucial for UPSC Law Optional Subject aspirants to be familiar with the key sections and provisions of this Act. Here are the important sections and provisions that should be studied in detail:
1. Section 2(h) - Definition of Contract:
This section defines a contract as an agreement enforceable by law. It lays down the essential elements of a valid contract, including offer, acceptance, consideration, competency of parties, free consent, lawful object, and certainty.
2. Section 10 - Agreements Expressly Declared Void:
This section provides a list of agreements that are expressly declared void, including those made by parties who are incompetent to contract, agreements made under a mutual mistake, agreements made under coercion, fraud, or undue influence, and agreements with unlawful consideration or object.
3. Section 14 - Free Consent:
This section emphasizes the importance of free and genuine consent in a contract. It states that consent is not free when it is obtained by coercion, undue influence, fraud, misrepresentation, or mistake.
4. Section 23 - Consideration:
Consideration is an essential element of a valid contract. This section defines consideration as something in return for a promise and states that an agreement without consideration is void, except in certain exceptional cases.
5. Section 25 - Agreement without Consideration:
This section provides exceptions to the rule of consideration. It states that an agreement without consideration is valid if it is in writing, registered, made out of natural love and affection, or is a promise to compensate for a past voluntary act.
6. Section 56 - Agreement to Do Impossible Act:
According to this section, an agreement to do an act which is impossible in itself is void. If the impossibility arises after the contract is made, the contract becomes void.
7. Section 73 - Compensation for Loss or Damage Caused by Breach of Contract:
This section deals with the remedy of compensation for breach of contract. It states that the party suffering from the breach is entitled to receive compensation for any loss or damage caused by the breach.
8. Section 124 - Contract of Indemnity:
This section defines a contract of indemnity as a contract in which one party promises to compensate another party for any loss or damage suffered by them due to the conduct of the promisor or any other person.
9. Section 148 - Bailment:
This section defines the concept of bailment, which is the delivery of goods by one party to another for a specific purpose, with the condition that the goods will be returned or disposed of as per the instructions.
10. Section 178 - Agent's Duty in Conducting Principal's Business:
This section lays down the duties of an agent towards their principal. It states that an agent must conduct the principal's business with due diligence and skill, and must act in good faith.
Conclusion:
These sections and provisions of the Indian Contract Act, 1872 are crucial for UPSC Law Optional Subject aspirants to understand and analyze the various aspects of contracts, agreements, and their enforceability. A thorough
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