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Report No. 199

Chapter III

Substantive Provisions and Substantive Unfairness

7. Substantive provisions of the Indian Contract Act, 1872 (9 of 1872).-

The following provisions of the Indian Contract Act, 1872 (9 of 1872) are substantive, namely:-

(a) Section 10 which deals with agreements which are contracts if made by free consent of parties competent to contract, for a lawful consideration and with a lawful object, not otherwise expressly declared to be void,

(b) Section 20 which deals with both the parties to an agreement who are under a mistake,

(c) Sections 23 and 24 which deal with consideration or objects of an agreement which are not unlawful,

(d) Section 25 which deals with an agreement without consideration,

(e) Section 26 which deals with an agreement in restraint of marriage of any person, other than a minor,

(f) Section 27 which deals with an agreement in restraint of trade,

(g) Section 28 which deals with an agreement in restraint of legal proceedings,

(h) Section 29 which deals with an agreement which is uncertain,

(i) Section 30 which deals with an agreement by way of wager, and

(j) Section 56 which deals with an agreement to do an act impossible in itself.



Unfair (Procedural and Substantive) Terms in Contract Back




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