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CONTENTS |
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Sections |
Particulars |
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Preliminary |
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1 |
Short
title |
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2 |
Interpretation clause |
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Chapter
I |
Of
the communication, acceptance and revocation of proposals |
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3 |
Communication, acceptance and revocation of proposals |
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4 |
Communication when complete |
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5 |
Revocation of proposals and acceptances |
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6 |
Revocation
how made |
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7 |
Acceptance
must be absolute |
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8 |
Acceptance
by performing conditions, or receiving consideration |
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9 |
Promises,
express or implied |
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Chapter
II |
Of
contracts, violable contracts and void agreements |
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10 |
What agreements are contracts |
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11 |
Who are competent to contract |
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12 |
What is a sound mind for the purposes of contracting |
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13 |
"Consent" defined |
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14 |
"Free consent" defined |
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15 |
"Coercion" defined |
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16 |
"Undue influence" defined |
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17 |
"Fraud" defined |
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18 |
"Misrepresentation" defined |
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19 |
Voidability of agreements without free consent |
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19A |
Power to set aside contract induced by undue influence
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20 |
Agreement void where both parties are under mistake as
to matter of fact |
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21 |
Effect of mistakes as to law |
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22 |
Contract caused by mistake of one party as to matter of
fact |
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23 |
What considerations and objects are lawful, and what not
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24 |
Agreements void, if consideration and objects unlawful
in part |
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25 |
Agreement without consideration void, unless it is in
writing and registered, or is a promise to compensation for something
done, or is a promise to pay a debt barred by limitation law |
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26 |
Agreement in restraint of marriage void |
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27 |
Agreement
in restraint of trade void |
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28 |
Agreements
in restraint of legal proceedings void |
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29 |
Agreement
void for uncertainty |
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30 |
Agreements
by way of wager, void |
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Chapter
III |
Of
contingent contracts |
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31 |
"Contingent contract" defined |
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32 |
Enforcement of contracts contingent on an event happening
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33 |
Enforcement of contracts contingent on an event not happening
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34 |
When
event on which contract is contingent to be deemed impossible, if
it is the future conduct of a living person |
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35 |
When contracts become void, which are contingent on happening
of specified event within fixed time |
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36 |
Agreements contingent on impossible events, void |
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Chapter
IV |
Of
the performance of contracts Contracts which must be performed |
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37 |
Obligation of parties to contracts |
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38 |
Effect of refusal to accept offer of performance |
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39 |
Effect of refusal of party to perform promise wholly |
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40 |
Person by whom promise is to be performed |
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41 |
Effect of accepting performance from third person |
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42 |
Devolution of joint liabilities |
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43 |
Any
one of joint promisors may be compelled to perform |
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44 |
Effect
of release of one joint promisor |
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45 |
Devolution
of joint rights |
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46 |
Time
for performance of promise, where no application is to be made and
no time is specified |
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47 |
Time
and place for performance of promise, where time is specified and
no application to be made |
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48 |
Application
for performance on certain day to be at proper time and place |
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49 |
Place
for performance of promise, where no application to be made and no
place fixed for performance |
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50 |
Performance
in manner or at time prescribed or sanctioned by promisee |
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51 |
Promisor
not bound to perform, unless reciprocal promisee ready and willing
to perform |
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52 |
Order
of performance of reciprocal promises |
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53 |
Liability
of party preventing event on which contract is to take effect |
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54 |
Effect
of default as to taht promise which should be first performed, in
contract consisting of reciprocal promises |
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55 |
Effect
of failure to perform at fixed time, in contract in which time is
essential |
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56 |
Agreement
to do impossible act |
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57 |
Reciprocal
promise to do things legal and also other things illegal |
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58 |
Alternative
promise, one brach being illegal |
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59 |
Application
of payment where debt to be discharged is indicated |
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60 |
Application
of payment where debt to be discharged is not indicated |
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61 |
Application
of payment neither party appropriates |
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62 |
Effect
of novation, rescission and alteration of contract |
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63 |
Promisee
may dispense with or remit performance of promise |
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64 |
Consequences
of rescission of voidable contract |
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65 |
Obligation
of person who has received advantage under void agreement, or contract
that becomes void |
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66 |
Mode
of communicating or revoking recission of voidable contract |
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67 |
Effect
of neglect of promisee to afford promisor reasonable facilities for
performance |
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Chapter
V |
Of
certain relations resembling those created by contract |
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68 |
Claim for necessaries supplied to person incapable of
contracting, or on his account |
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69 |
Reimburesement of person paying money due by another,
in payment of which he is interested |
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70 |
Obligation of person enjoying benefit of non-grauitous
act |
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71 |
Responsibility of finder of goods |
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72 |
Liability of person to whom money is paid, or thing delivered,
by mistake or under coercion |
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Chapter
VI |
Of
the consequences of breach of contract |
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73 |
Compensation for loss or damage caused by breach of contract |
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74 |
Compensation for breach of contract where penalty stipulated
for |
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75 |
Party rightfully rescinding contract entitled to compensation |
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Chapter
VII |
Sale
of goods |
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76
to 123 |
Repealed
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Chapter
VIII |
Of
indemnity and guarantee |
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124 |
"Contract
of indemnity" defined |
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125 |
Rights of indemnity-holder when sued |
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126 |
"Contract of guarantee", "surety",
principal debtor" and "Creditor" |
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127 |
Consideration for guarantee |
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128 |
Surety's liability |
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129 |
"Continuing guarantee" |
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130 |
Revocation of continuing guarantee |
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131 |
Revocation of continuing guarantee by surety's death
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132 |
Liability of two persons, primarily liable, not affected
by arrangement between them that one shall be surety in other's default
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133 |
Discharge of surety by variance in terms of contract
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134 |
Discharge of surety by release of discharge of principal
debtor |
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135 |
Discharge of surety shen cerditor compounds with, gives
time to, or agrees not to sue principal debtor |
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136 |
Surety not discharged when agreement made with third
person to give time to principal debtor |
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137 |
Creditor's forbearance to sue does not discharge surety
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138 |
Release of one co-surety does not discharge others |
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139 |
Discharge of surety by creditor's act or omission impairing
surety's eventual remedy |
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140 |
Rights of surety on payment or performance |
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141 |
Surety's right to benefit of creditor's securities |
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142 |
Guarantee
obtaiend by misrepresentation, invalid |
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143 |
Guarantee
obtained by concealment, invalid |
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144 |
Guarantee
on contract that creditor shall not act on it until co-sureties joins |
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145 |
Implied
promise to indemnify surety |
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146 |
Co-sureties
liable to contribute equally |
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147 |
Liability
of co-sureties bound in different sums |
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Chapter
IX |
Of
bailment |
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148 |
"Bailment",
"bailor" and "bailee" defined |
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149 |
Delivery
to bailee how made |
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150 |
Bailor's
duty to disclose faults in goods bailed |
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151 |
Care
to be taken by bailee |
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152 |
Bailee
when not liable for loss, etc. of thing bailed |
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153 |
Termination
of bailment by bailee's act inconsistent with conditions |
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154 |
Liability
of bailee making unauthorized use of goods bailed |
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155 |
Effect
of mixture, with bailor's consent, of his goods with bailee's |
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156 |
Effect
of mixture, without bailor's consent when the goods can be separated |
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157 |
Effect
of mixture, without bailor's consent, when the goods cannot be separated
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158 |
Repayment,
by bailor, of necessary expenses |
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159 |
Restoration
of goods bailed, on expiration of time or accomplishment of purpose
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160 |
Return
of goods bailed, on expiration of time or accomplishment of purpose
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161 |
Bailee's
responsibility when goods are not duly returned |
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162 |
Termination
of gratuitours bailment by death |
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163 |
Bailor
entitled to increase or profit from goods bailed |
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164 |
Bailor's
responsibility to bailee |
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165 |
Bailment
by several joint owners |
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166 |
Bailee
not responsible on re-delivery to bailor without title |
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167 |
Right
of third person claiming goods bailed |
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168 |
Right
of finder of goods may sue for specific reward offered |
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169 |
When
Finder of thing commonly on sale may sell it |
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170 |
Bailee's
particular lien |
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171 |
General
lien of bankers, factors, wharfingers, attorneys, and policy brokers |
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172 |
"Pledge",
"pownor" and "pawnee" defined |
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173 |
Pawnee's
right of retainer |
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174 |
Pawnee
not to retain for debt or promise other than that for which goods
pledged: Presumption in case of subsequent advances |
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175 |
Pawnee's
right to extraordinary expenses incurred |
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176 |
Pawnee's
right where pawnor makes default |
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177 |
Defaulting
pawnor's right to redeem |
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178 |
Pledge
by mercantile agent |
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178A |
Pledge
by person in possession under voidable contract |
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179 |
Pledge
where pawnor has only a limited interest suits by bailors against
wrong-doers |
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180 |
Suit
by bailor or bailee against wrong-doer |
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181 |
Apportionment
of relief or compensation obtained by such suits |
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Chapter
X |
Agency,
Appointment and authority of agents |
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182 |
"Agent"
and "Principal" defined |
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183 |
Who
may employ agent |
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184 |
Who
may be an agent |
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185 |
Consideration
not necessary |
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186 |
Agent's
authority may be expressed or implied |
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187 |
Definitions
of express and implied authority |
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188 |
Extent
of agent's authority |
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189 |
Agent's
authority in an emergency |
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190 |
When
agent cannot delegate |
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191 |
"Sub-agent"
defined |
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192 |
Representation
of principal by sub-agent properly appointed |
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193 |
Agent's
responsibility for sub-agent appointed without authority |
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194 |
Relation
between principal and person duly appointed by agent to act in business
of agency |
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195 |
Agent's
duty in naming such person |
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196 |
Right
of person as to acts done for him without his authority: effect of
ratification |
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197 |
Ratification
may be expressed or implied |
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198 |
Knowledge
requisite for valid ratification |
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199 |
Effect
of ratifying unauthorized act forming part of transaction |
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200 |
Ratification
of unauthorized act cannot injure third person |
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201 |
Termination
of agency |
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202 |
Termination
of agency, where agent has an interest in subject-matter |
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203 |
When
principal may revoke agent's authority |
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204 |
Revocation
where authority has been partly exercised |
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205 |
Compensation
for revocation by principal, or renunciation by agent |
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206 |
Notice
of revocation or renunciation |
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207 |
Revocation
and renunciation may be expressed or implied |
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208 |
When
termination of agent's authority takes effect as to agent, and as
to third persons |
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209 |
Agent's
duty on termination of agency by principal's death or insanity |
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210 |
Termination
of sub-agent's authority |
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211 |
Agent's
duty in conducting principal's business |
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212 |
Skill
and diligence required from agent |
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213 |
Agent's
accounts |
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214 |
Agent's
duty to communicate with principal |
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215 |
Right
of principal when agent deals, on his own account, in business of
agency without principal's consent |
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216 |
Principal's
right to benefit gained by agent dealing on his own account in business
of agency |
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217 |
Agent's
right of retainer out of sums received on principal's account |
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218 |
Agent's
duty to pay sums received for principal |
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219 |
When
agent's remuneration becomes due |
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220 |
Agent
not entitled to remuneration for business misconducted |
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221 |
Agent's
lien on principal's property |
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222 |
Agent
to be indemnified against consequences of lawful acts |
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223 |
Agent
to be indemnified against consequences of acts done in good faith |
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224 |
Non-liability
of employer of agent to do a criminal act |
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225 |
Compensation
to agent for for injury caused by principal's neglect |
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226 |
Enforcement
and consequences of agent's contracts |
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227 |
Principal
how far bound, when agent exceeds authority |
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228 |
Principal
not bound when excess of agent's authority is not separable |
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229 |
Consequences
of notice given to agent |
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230 |
Agent
cannot personally enforce, nor be bound by, contracts on behalf of
principal |
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231 |
Rights
of parties to a contract made by agent not disclosed |
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232 |
Performance
of contract with agent supposed to be principal |
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233 |
Right
of person dealing with agent personally liable |
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234 |
Consequence
of inducing agent or principal to act on belief that principal or
agent will be held exclusively liable |
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235 |
Liability
of pretended agent |
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236 |
Person
falsely contracting as agent, not entitled to performance |
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237 |
Liability
of principal inducing belief that agent's unauthorised acts were authorised |
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238 |
Effect,
on agreement, of misrepresentation or fraud by agent |
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Chapter
XI |
Of
partnership |
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239
to 266 |
Repealed |
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Schedule
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Repealed |