PRELIMINARY |
Section 1 |
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Short title
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Section 2 |
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Interpretation clause
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Chapter: I |
OF COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS |
Section 3 |
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Communication, acceptance and revocation of proposals
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Section 4 |
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Communication when complete
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Section 5 |
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Revocation of proposals and acceptances
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Section 6 |
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Revocation how made
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Section 7 |
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Acceptance must be absolute
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Section 8 |
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Acceptance by performing conditions, or receiving consideration
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Section 9 |
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Promises, express or Implied
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Chapter: II |
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS |
Section 10 |
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What agreements are contracts
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Section 11 |
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Who are competent to contract
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Section 12 |
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What is a sound mind for the purposes of contracting
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Section 13 |
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"Consent" defined
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Section 14 |
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"Free consent" defined
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Section 15 |
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"Coercion" defined
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Section 16 |
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"Undue influence" defined
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Section 17 |
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"Fraud" defined
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Section 18 |
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"Misrepresentation" defined
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Section 19 |
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Voidability of agreements without free consent
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Section 19A |
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Power to set aside contract induced by undue influence
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Section 20 |
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Agreement void where both parties are under mistake as to matter of fact
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Section 21 |
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Effect of mistakes as to law
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Section 22 |
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Contract caused by mistake of one party as to matter of fact
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Section 23 |
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What considerations and objects are lawful and what not
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Chapter: IIa |
Void agreements |
Section 24 |
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Agreements void, if Considerations and objects unlawful in part
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Section 25 |
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Agreement void, if made without consideration
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Section 26 |
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Agreement in restraint of marriage void
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Section 27 |
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Agreement in restraint of trade void
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Section 28 |
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Agreements in restraint of legal proceedings void
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Section 29 |
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Agreements void for uncertainty
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Section 30 |
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Agreements by way of wager void
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Chapter: III |
OF CONTINGENT CONTRACTS |
Section 31 |
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"Contingent contract" defined
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Section 32 |
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Enforcement of contracts contingent on an event happening
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Section 33 |
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Enforcement of contracts contingent on an event not happening
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Section 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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Section 35 |
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When contracts become void which are contingent on happening of specified event within fixed time.
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Section 36 |
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Agreements contingent on impossible events void
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Chapter: IV |
OF THE PERFORMANCE OF CONTRACTS (Contracts which must be performed) |
Section 37 |
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Obligation of parties to contracts
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Section 38 |
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Effect of refusal to accept offer of performance
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Section 39 |
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Effect of refusal of party to perform promise wholly
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Chapter: IVa |
By whom contracts must be performed |
Section 40 |
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Person by whom promise is to be performed
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Section 41 |
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Effect of accepting performance from third person
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Section 42 |
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Devolution of Joint liabilities
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Section 43 |
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Any one of Joint promisors may he compelled to perform
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Section 44 |
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Effect of release of one Joint promisor
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Section 45 |
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Devolution of Joint rights
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Chapter: IVb |
Time and place for performance |
Section 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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Section 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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Section 48 |
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Application for performance on certain day to be at proper time and place
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Section 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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Section 50 |
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Performance in manner or at time prescribed or sanctioned by promisee
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Chapter: IVc |
Performance of reciprocal promises |
Section 51 |
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Promisor not bound to perform unless reciprocal promisee ready and willing to perform
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Section 52 |
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Order of performance of reciprocal promises
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Section 53 |
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Liability of party preventing event on which the contract is to take effect
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Section 54 |
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Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
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Section 55 |
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Effect of failure to perform at fixed time, in contract in which time is essential
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Section 56 |
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Agreement to do impossible act
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Section 57 |
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Reciprocal promises to do things legal, and also other things illegal
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Section 58 |
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Alternative promise, one branch being illegal
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Chapter: IVd |
Appropriation of payments |
Section 59 |
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Application of payment where debt to be discharged is Indicated
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Section 60 |
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Application of payment where debt to be discharged is not indicated
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Section 61 |
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Application of payment where neither party appropriates
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Chapter: IVe |
Contracts which need not be performed |
Section 62 |
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Effect of novation, rescission and alteration of contract
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Section 63 |
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Promisee may dispense with or remit performance of promise
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Section 64 |
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Consequences of rescission of voidable contract
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Section 65 |
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Obligation of person who has received advantage under void agreement or contract that becomes void
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Section 66 |
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Mode of communicating or revoking rescission of voidable contract
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Section 67 |
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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 |
Section 68 |
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Claim for necessaries supplied to person incapable of contracting, or on his account
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Section 69 |
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Reimbursement of person paying money due by another in payment of which he is interested
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Section 70 |
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Obligation of person enjoying benefit of non-gratuitous act
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Section 71 |
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Responsibility of finder of goods
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Section 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 |
OF THE CONSEQUENCES OF BREACH OF CONTRACT |
Section 73 |
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Compensation for loss or damage caused by breach of contract
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Section 74 |
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Compensation for breach of contract where penalty stipulated for
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Section 75 |
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Party rightfully rescinding contract entitled to compensation
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Chapter: VII |
CHAPTER VII, COMPRISING SECTIONS 76-123, IS REPEALED BY THE SALE OF GOODS ACT (3 OF 1930), SECTION 65 |
Section 76 to 123 |
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CHAPTER VII, COMPRISING SECTIONS 76-123, IS REPEALED BY THE SALE OF GOODS ACT
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Chapter: VIII |
OF INDEMNITY AND GUARANTEE |
Section 124 |
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"Contract of indemnity" defined
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Section 125 |
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Rights of indemnity-holder when sued
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Section 126 |
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"Contract of guarantee", "surety", "principal debtor" and "creditor"
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Section 127 |
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Consideration for guarantee
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Section 128 |
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Surety's liability
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Section 129 |
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Continuing guarantee
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Section 130 |
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Revocation of continuing guarantee
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Section 131 |
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Revocation of continuing guarantee by surety's death
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Section 132 |
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Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other's default
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Section 133 |
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Discharge of surety by variance in terms of contract
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Section 134 |
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Discharge of surety by release or discharge of principal debtor
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Section 135 |
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Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
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Section 136 |
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Surety not discharged when agreement made with third person to give time to principal debtor
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Section 137 |
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Creditor's forbearance to sue does not discharge surety
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Section 138 |
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Release of one co-surety does not discharge others
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Section 139 |
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Discharge of surety by creditor's act or omission impairing surety's eventual remedy
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Section 140 |
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Rights of surety on payment or performance
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Section 141 |
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Surety's right to benefit of creditor's securities
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Section 142 |
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Guarantee obtained by misrepresentation invalid
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Section 143 |
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Guarantee obtained by concealment invalid
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Section 144 |
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Guarantee on contract that creditor shall not act on it until co-surety joins
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Section 145 |
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Implied promise to indemnify surety
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Section 146 |
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Co-sureties liable to contribute equally
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Section 147 |
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Liability of co-sureties bound in different sums
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Chapter: IX |
OF BAILMENT |
Section 148 |
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"Bailment","bailor"and"bailee"defined
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Section 149 |
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Delivery to bailee how made
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Section 150 |
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Bailor's duty to disclose faults in goods bailed
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Section 151 |
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Care to be taken by bailee
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Section 152 |
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Bailee when not liable for loss, etc., of thing bailed
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Section 153 |
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Termination of bailment by bailee's act inconsistent with conditions
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Section 154 |
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Liability of bailee making unauthorised use of goods bailed
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Section 155 |
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Effect of mixture, with bailor's consent, of his goods with bailee's
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Section 156 |
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Effect of mixture, without bailor's consent, when the goods can be separated
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Section 157 |
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Effect of mixture, without bailor's consent, when the goods cannot be separated
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Section 158 |
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Repayment by bailor of necessary expenses
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Section 159 |
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Restoration of goods lent gratuitously
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Section 160 |
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Return of goods bailed on expiration of time or accomplishment of purpose
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Section 161 |
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Bailee's responsibility when goods are not duly returned
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Section 162 |
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Termination of gratuitous bailment by death
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Section 163 |
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Bailor entitled to increase or profit from goods bailed
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Section 164 |
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Bailor's responsibility to bailee
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Section 165 |
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Bailment by several Joint owners
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Section 166 |
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Bailee not responsible on redelivery to bailor without title
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Section 167 |
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Right of third person claiming goods bailed
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Section 168 |
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Right of finder of goods; may sue for-specific reward offered
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Section 169 |
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When finder of thing commonly on sale may sell it
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Section 170 |
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Bailee's particular lien
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Section 171 |
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General lien of bankers, factors, wharfingers, attorneys and policy-brokers
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Chapter: IXa |
Bailment of pledges |
Section 172 |
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"Pledge", "pawnor" and "pawnee" defined
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Section 173 |
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Pawnee's right of retainer
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Section 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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Section 175 |
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Pawnee's right as to extraordinary expenses incurred
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Section 176 |
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Pawnee's right where pawnor makes default
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Section 177 |
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Defaulting pawnor's right to redeem
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Section 178 |
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Pledge by mercantile agent
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Section 178A |
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Pledge by person in possession under voidable contract
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Section 179 |
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Pledge where pawnor has only a limited interest
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Chapter: IXb |
Suits by bailees or bailors against wrong doers |
Section 180 |
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Suit by bailor or bailee against wrong-doer
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Section 181 |
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Apportionment of relief or compensation obtained by such suits
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Chapter: X |
AGENCY (Appointment and Authority of agents) |
Section 182 |
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"Agent" and "principal" defined
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Section 183 |
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Who may employ agent
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Section 184 |
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Who may be an agent
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Section 185 |
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Consideration not necessary
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Section 186 |
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Agent's authority may be express or implied
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Section 187 |
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Definitions of express and implied authority
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Section 188 |
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Extent of agent's authority
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Section 189 |
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Agent's authority in an emergency
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Chapter: Xa |
Sub-agents |
Section 190 |
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When agent cannot delegate
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Section 191 |
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"Sub-agent" defined
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Section 192 |
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Representation of principal by sub-agent properly appointed
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Section 193 |
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Agent's responsibility for sub-agent appointed without authority
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Section 194 |
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Relation between, principal and person duly appointed by agent to act in business of agency
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Section 195 |
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Agent's duty in naming such person
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Chapter: Xb |
Ratification |
Section 196 |
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Right of person as to acts done for him without his authority. Effect of ratification
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Section 197 |
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Ratification may be expressed or implied
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Section 198 |
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Knowledge requisite for valid ratification
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Section 199 |
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Effect of ratifying unauthorized act forming part of a transaction
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Section 200 |
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Ratification of unauthorized act cannot injure third person
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Chapter: Xc |
Revocation of authority |
Section 201 |
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Termination of agency
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Section 202 |
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Termination of agency, where agent has an interest in subject-matter
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Section 203 |
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When principal may revoke agent's authority
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Section 204 |
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Revocation where authority has been partly exercised
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Section 205 |
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Compensation for revocation by principal, or renunciation by agent
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Section 206 |
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Notice of revocation or renunciation
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Section 207 |
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Revocation and renunciation may be expressed or implied
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Section 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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Section 209 |
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Agent's duty on termination of agency by principal's death or insanity
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Section 210 |
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Termination of sub-agent's authority
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Chapter: Xd |
Agents duty to Principal |
Section 211 |
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Agent's duty in conducting principal's business
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Section 212 |
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Skill and diligence required from agent
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Section 213 |
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Agent's accounts
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Section 214 |
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Agent's duty to communicate with principal
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Section 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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Section 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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Section 217 |
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Agent's right of retainer out of sums received on principal's account
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Section 218 |
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Agent's duty to pay sums received for principal
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Section 219 |
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When agent's remuneration becomes due
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Section 220 |
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Agent not entitled to remuneration for business misconducted
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Section 221 |
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Agent's lien on principal's property
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Chapter: Xe |
Principal's duty to agent |
Section 222 |
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Agent to be Indemnified against consequences of lawful acts
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Section 223 |
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Agent to be indemnified against consequences of acts done in good faith
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Section 224 |
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Non-liability of employer of agent to do a criminal act
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Section 225 |
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Compensation to agent for injury caused by principal's neglect
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Chapter: Xf |
Effect of agency on contract with third persons |
Section 226 |
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Enforcement and consequences of agent's contracts
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Section 227 |
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Principal how for bound, when agent exceeds authority
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Section 228 |
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Principal not bound when excess of agent's authority is not separable
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Section 229 |
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Consequences of notice given to agent
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Section 230 |
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Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
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Section 231 |
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Rights of parties to a contract made by agent not disclosed
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Section 232 |
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Performance of contract with agent supposed to be principal
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Section 233 |
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Right of person dealing with agent personally liable
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Section 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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Section 235 |
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Liability of pretended agent
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Section 236 |
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Person falsely contracting as agent not entitled to performance
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Section 237 |
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Liability of principal inducing belief that agent's unauthorized acts were authorized
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Section 238 |
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Effect, on agreement, of misrepresentation or fraud by agent
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