Full physical source page · unreviewed extraction
The Indian Contract Act, 1872: page 32
The Indian Contract Act, 1872, India Code delivered snapshot 85a7a066098255c9, physical page 32. Unreviewed extraction.
Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:49Z. SHA-256 85a7a066098255c93001d678aeaf483f91d3080918363c03b78d40c3eeb8b386.
Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.
Retained layout text
1[(d)A gives B a bond for the repayment of Rs. 1,000 with interest at 12 per cent. at the end of six months, with a stipulation
that, in case of default, interest shall be payable at the rate of 75 per cent. from the date of default. This is a stipulation by way of
penalty, and B is only entitled to recover from A such compensation as the Court considers reasonable.
(e) A, who owes money to B a money-lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain
date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liable to deliver
20 maunds. This is a stipulation by way of penalty, and B is only entitled to reasonable compensation in case of breach.
(f) A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with a stipulation that in default of
payment of any instalment, the whole shall become due. This stipulation is not by way of penalty, and the contract may be
enforced according to its terms.
(g) A borrows Rs. 100 from B and gives him a bond for Rs. 200 payable by five yearly instalments of Rs. 40, with a
stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.]
75.Party rightfully rescinding contract, entitled to compensation.—A person who rightfully
rescinds a contract is entitled to compensation for any damage which he has sustained through the
non-fulfilment of the contract.
Illustration
A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two
months, and B engages to pay her 100 rupees for each night’s performance. On the sixth night, A wilfully absents herself from
e
the theatre, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has
sustained through the non-fulfilment of the contract.
od
[CHAPTER VII.—SALES OF GOODS.] Rep.by the Indian Sale of Goods Act, 1930 (3 of 1930), s. 65.
76.[‘Goods’ of defined.] Rep. by s. 65,ibid.
aC
77.[‘Sale defined.] Rep. by s. 65,ibid. di
78.[Sale how effected.] Rep. by s. 65,ibid. In
79.[Transferofownershipofthingsold,whichhasyettobeascertained,madeorfinished.]Rep.bys. 65, ibid.
80. [Completion of sale of goods which the seller is to put into state in which buyer is to take them.]
Rep. by s. 65,ibid.
81. [Completion of sale of goods, when seller has to do anything thereto in order to as certain
price.] Rep. by s. 65,ibid.
82. [Completion of sale, when goods are uncertained at date of contract.] Rep. by s. 65,ibid.
83. [Ascertainment of goods by subsequent appropriation.] Rep. by s. 65,ibid.
84. [Ascertainment of goods by seller’s selection.] Rep. by s. 65,ibid.
85. [Transfer of ownership of moveable property, when sold together with immoveable.] Rep. by
s. 65, ibid.
86. [Buyer to bear loss after good have become his property.] Rep. by s. 65,ibid.
87. [Transfer of ownership of goods agreed to be sold while non existent.] Rep. by s. 65,ibid.
88. [Contract to sell and deliver, at a future day, goods not in seller’s possession at date of
contract.] Rep. by s. 65,ibid.
89. [Determination of price not fixed by contract.] Rep. by s. 65,ibid.
[DELIVERY.]Rep. by s. 65, ibid.
90. [Delivery how made.] Rep. by s. 65,ibid.
1. Added by Act 6 of 1899, s. 4.
32
Compare original page image
