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Amendment in Indian Contract Act 1872

The document discusses amendments that have been made to the Indian Contract Act of 1872. It notes that the amendments have helped keep the law relevant and up-to-date, and have provided relief to parties in certain situations. The amendments have also helped reduce the burden on courts by providing for interim relief and other measures. Some of the key sections of the Contract Act that have been amended include those related to sales of goods, agreements in restraint of legal proceedings, and voidability of agreements without free consent. Implementing the amendments can pose challenges such as a lack of public awareness about the changes and difficulties for courts in interpreting new provisions.

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Anjali Singh
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254 views22 pages

Amendment in Indian Contract Act 1872

The document discusses amendments that have been made to the Indian Contract Act of 1872. It notes that the amendments have helped keep the law relevant and up-to-date, and have provided relief to parties in certain situations. The amendments have also helped reduce the burden on courts by providing for interim relief and other measures. Some of the key sections of the Contract Act that have been amended include those related to sales of goods, agreements in restraint of legal proceedings, and voidability of agreements without free consent. Implementing the amendments can pose challenges such as a lack of public awareness about the changes and difficulties for courts in interpreting new provisions.

Uploaded by

Anjali Singh
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
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AMENDMENTS IN

CONTRACT ACT,
1872
Framework

INTRODUCTION SECTION 1 SECTION 28

SECTION 76-123 SECTION 19


Indian CONTRACT

Contract
Act, 1872
The Indian Contract Act, 1872 prescribes the law relating to

contracts in India and is the key act regulating Indian

contract law.

It is applicable to all the states of India.

It determines the circumstances in which promises made by

the parties to a contract shall be legally binding.

Under Section 2(h), the Indian Contract Act defines a

contract as an agreement enforceable by Law


IMPORTANCE OF
AMENDMENTS
The amendments to the Contract Act have helped to

keep the law relevant and up-to-date.

The amendments have provided relief to parties in

certain situations.

The amendments have helped to reduce the burden

on courts by providing for interim relief and other

measures.
PRELIMINARY
Section 1: Short title
This Act may be called the Indian Contract Act, 1872.

Extent, Commencement.—It extends to the whole of India [***]; 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.
Amendment

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).
CHAPTER - I Of The Communication,
Acceptance and Revocation of Proposals
Section 28: Agreements in restraint of
legal proceedings, void.
Exception 1.—Saving of contract to refer to arbitration dispute that may
arise.—This section shall not render illegal a contract, by which two or
more persons agree that any dispute which may arise between them in
respect of any subject or class of subjects shall be referred to arbitration,
and that only the amount awarded in such arbitration shall be
recoverable in respect of the dispute so referred.
2*****
.
The second clause of Exception 1 to section 28 rep. by Act 1 of
1877, s. 2 and Sch.
IT PROVIDES THE POWER OF THE COURTS TO WAIVE OR REDUCE
INTEREST ON DEBT
CHAPTER - VII SALE OF GOODS

Section 76-123: Sales of Good


These sections were related to
Sales
Delivery
Seller lien
Stoppage in transit
Resale
Title
Warranty
Miscellaneous
Amendment

Repealed Chapter - VII Sale of Goods, sections 76 to 123 (both inclusive)


by section 65 of the Indian Sale of Goods Act (3 of 1930)
CHAPTER - II Of Contracts, Voidable
Contracts and Void Agreements

Section 19: Voidability of agreements


without free consent
When consent to an agreement is caused by coercion,*** fraud or
misrepresentation, the agreement is a contract voidable at the option of
the party whose consent was so caused.
A party to a contract whose consent was caused by fraud or
misrepresentation, may, if he thinks fit, insist that the contract shall be
performed, and that he shall be put in the position in which he would have
been if the representations made had been true.
The words “undue influence” rep. by Act 6 of 1899, s. 3.
Challenges in Implementing
Amendments
The implementation of amendments to the

Contract Act can be challenging.

There may be a lack of awareness among the

public about the changes.

The courts may face difficulties in interpreting

the new provisions.

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