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Thursday 19 March 2020

Indian Contract Law - Section 1


Section 1 - Short title, extent and Commencement   

This Act may be called the Indian Contract Act, 1872.
Extent, Commencement - It extends to the whole of India [except the State of Jammu and Kashmir]; and it shall come into force on the first day of September, 1872.

Initially this Act was extended to whole India except Part B States. In 1951 Part B states were substituted by Act 3 of 1951, section 3 and Schedule and exemption was limited to the State of Jammu and Kashmir only.

Enactments Repealed - 2[* * *] Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act
2. The Words "The enactments mentioned in the Schedule here to are repealed to the extent specified in the third column thereof, but" rep. by Act 10 of 1914, section 3 and Schedule II.
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Short Title Extent and commencement
Prior to this English law of contract was followed in India.
It has XI chapter.
Law of contract creates jus in personem and not in jus in rem.
The Indian Contract Act consists of the following two parts:
(a) General principals of the Law of Contract.

(b) Special kinds of contracts.

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