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