📖 Book 9 - Chapter 82

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SPECIAL CONTRACT.

SYNOPIS

I. Introduction to the Indian Contract Act, 1872

1. These sections are divide into two main parts:

a. General Contract (Ss. 1 to 75)

b. Special Contracts    

2. Repeal of some sections and making them a separate law-    

What was removed?

3. Topics to be studied under Special Contract?

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I. Introduction to the Indian Contract Act, 1872

    When the Indian Contract Act was first enacted in 1872, it had total 266 Sections.

1. These sections are divide into two main parts:

a. General Contract (Ss. 1 to 75)

    This first part contains 75 sections. It is called ‘General Contract’ because it lays down the basic, foundational rules. These rules are common and apply to all kinds of contracts across India. These are the foundation pillars; without these basic rules, no contract can be made.

b. Special Contracts

    The remaining part of the Act deals with specific types of business contracts. Apart from the general rules, these contracts need some special conditions and extra rules to be valid in the eyes of the law.

2. Repeal of some sections and making them a separate law-

    Originally, the Act covered a lot of business topics. But as the Indian economy grew, some sections were completely removed (repealed) to make separate, dedicated laws.

What was removed?

1. Sale of Goods (Ss. 76 to 123): Removed from here to make a separate law called the Sale of Goods Act, 1930.

2. Partnership (Ss. 239 to 266): Removed from here to make a separate law called the Indian Partnership Act, 1932.

3. Topics to be studied under Special Contract?

    Today, under the heading of 'Special Contracts', we only study three specific types of legal relationships:

a. Contracts of Indemnity and Guarantee (Ss. 124 to 147)

b. Contract of Bailment (Ss. 148 to 181)

c. Contract of Agency (Ss. 182 to 228)

    We will discuss the above topics under special contracts and special enacted laws in detail in this subject.

Revision Table

Chapter / Part

Section Numbers (Ss.)

Status / What it covers

General Principles

Ss. 1 to 75

Active (Basic rules for all contracts)

Sale of Goods

Ss. 76 to 123

Removed (Now Sale of Goods Act, 1930)

Indemnity & Guarantee

Ss. 124 to 147

Active (Special Contract - Part 1)

Bailment & Pledge

Ss. 148 to 181

Active (Special Contract - Part 2)

Agency

Ss. 182 to 228

Active (Special Contract - Part 3)

Partnership

Ss. 239 to 266

Removed (Now Indian Partnership Act, 1932)

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