1. Short title .-This Act may be called the Indian Contract Act, 1872.
Extent, Commencement .-It extends to the whole of India 2[ 3***]; and it shall come into force on
the first day of September, 1872.
Saving -4*** 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not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not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 w ith the provisions of this Act.
2. Interpretation -clause .-In this Act the following words and expressions are used in the following
senses, unless a contrary intent ion appears from the context: -
(a)When one person signifies to another his willingness to do or to abstain from doing anythin g,
with a view to obtaining the assent of that other to such act or abstinence, he is said to make a
proposal; 1. For the Statement of Objects and Reasons for the Bill which was based on a a report of Her Majesty’s Commissioners
appointed to prepare a body of substantive law for India, dated 6th July, 1866 , see Gazette of India, 1867 Extraordinary, p. 34; for
the Report of the Select Committee, see ibid ., Extraordinary, dated 28th March, 1872; for discussions in Council, see ibid ., 1867,
Supplement, p. 1064; ibid., 1871, p. 313, and ibid., 1872, p. 527. It has been amended in C.P. by C.P. Act 1 of 1915 and in C.P.
and Berar by C.P. and Berar Act 15 of 1938.
The Chapters and sections of the Transfer of Property Act, 1882 (4 of 188 2), which relate to contracts are, in places in which
that Act is in force, to be taken as part of this Act -see Act 4 of 1882, s. 4.
This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) to Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., (w.e.f. 1 -10-1965) to Laccadive, Minicoy and
Amindivi Islands by
Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch. and has been declared to be in f orce in -
the Sonthal Parganas -see Sonthal Pargana s Settlement Regulation, 1872 ( 3 of 1872), s. 3, as amended by the Sonthal
Parganas Justice and Laws Regulation, 1899 (3 of 1899), s. 3.
Panth Piploda -see the Panth Piploda Law Regulation , 1929 (1 of 1929) , s. 2.
It has been declared, by notification under s. 3( a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in -
The Tarai of the Province of Agra -see Gazette of India, 1876, Pt. I, p. 505;
the Districts of Hazari bagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum -
see Gazette of India, 1881, pt. I, p. 504. -The District of Lohardaga included at this time the present District of Palamau which
was separated in 1894. The District of Lohardaga is n ow called the Ranchi District -see Calcutta Gazette, 1899, pt. I, p. 44.
4. The words “The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof ,
but” rep. by Act 10 of 1914, s. 3 and the Second Schedule .
11(b)When the person to whom the proposal is made signifies his assent thereto, the proposal is
said to be accepted. A proposal, wh en accepted, be comes a promise; (c)The person maki ng the proposal is called the “promisor ”, and the person accepting the
propos al is called the “ promise e”; (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 absta in from doing, something,
such a ct or abstinence or promise is called a consideration for the promise; (e)Every promise and every set of promises, forming the consideration f or 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 enforce able by law is said to be void; (h)An agreement en forceable 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 wh en it ceases to be
enforceable.
CHAPT ER I
OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS 3.Communication, acceptan ce and revocation of proposals. -The communication of proposals ,
the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to
be made by any act or omission of the party proposing, accepting or revoking by which he i ntends to
communicate such pro posal , accep tance or revocati on, or which has the effect of communicating it.