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What is the implication if the order of reciprocal promises is not explicitly stated in the contract?
What happens when one party prevents the other from performing their promise in a reciprocal contract?
What is the significance of the report dated 6th July, 1866?
In the context of reciprocal promises, when must A’s promise be performed according to the given example?
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Which Act extended the Transfer of Property Act, 1882, to Berar?
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What must occur for A's promise to deliver stock-in-trade to B to be valid?
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In which year was the C.P.and Berar Act amended?
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What is the outcome for party B if party A prevents B from executing their promise?
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Which region was declared to have the Transfer of Property Act in force according to the Scheduled Districts Act, 1874?
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What was the purpose of the Gazette of India published in 1867?
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What can a promisee do if the promisor refuses to perform the contract in its entirety?
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Under what circumstance is A excused from non-performance of a contract with B?
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When must a promise be performed by the promisor himself?
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If a promisor dies before fulfilling a promise that can be performed by another, who must perform the promise?
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What is the consequence if a singer (A) sings the following night after wilfully absenting herself, and the manager (B) has acquiesced?
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What happens if the promisee shows acquiescence to the contract after a refusal to perform?
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What is the entitlement of a supplier providing necessaries to a person incapable of contracting?
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What must be true for a person to be reimbursed for paying money due by another?
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In the case of paying another's due, which of the following is a necessary condition for reimbursement?
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If A supplies necessaries to B's wife and children, what can A claim?
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What happens if B pays the government to prevent the annulment of his lease?
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Which of the following is NOT a condition for a person who supplied necessaries to be reimbursed?
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What type of relationship is created by the supply of necessaries to a person incapable of contracting?
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Which of the following definitions of 'bank' is included in Exception 3?
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What does the term 'financial institution' refer to in Exception 3?
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Under what circumstance is an agreement considered void for uncertainty?
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Which of the following agreements is likely void for uncertainty?
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Which entity is NOT defined as a 'bank' in Exception 3?
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Which of the following illustrates a valid agreement due to the specificity of terms?
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What is the significance of A's nature of trade in determining the meaning of 'oil' in his agreement with B?
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If A agrees to sell 'all the grain in my granary at Ramnagar', how is this agreement characterized?
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Study Notes
Transfer of Property Act 1882
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The Transfer of Property Act 1882 was created after a report of the Her Majesty’s Commissioners which focused on the creation of a body of substantive law for India.
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The act was amended in Central Provinces by the C.P. Act 1 of 1915 and in Central Provinces and Berar by the C.P. and Berar Act 15 of 1938.
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The chapters and sections related to contracts in the Transfer of Property Act of 1882 are applicable in places where the Act is in force.
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The Act was extended to certain areas over time, including:
- Berar by the Berar Laws Act, 1941 (4 of 1941)
- Dadra and Nagar Haveli by Reg. 6 of 1963
- Goa, Daman and Diu by Reg. 11 of 1963
- Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965
- Pondicherry by Act 26 of 1968
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The Act was declared to be in force in:
- the Sonthal Parganas
- Panth Piploda
- The Tarai of the Province of Agra
- The Districts of Hazari bagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum
Agreements Void for Uncertainty
- Agreements are void if they are uncertain in meaning, and cannot be made certain.
- "A agrees to sell to B “a hundred tons of oil”.There is nothing whatever to show what kind of oil was intended.The agreement is void for uncertainty."
Effect of Refusal to Perform Promise
- If a party to a contract refuses to perform a promise, the other party can end the contract unless they have agreed, through words or actions, to continue it.
- "A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and B engages to pay her 100 rupees for each night’s performance.On the sixth night A wilfully absents herself from the theatre.B is at liberty to put an end to the contract."
Person by Whom Promise Must Be Performed
- Promises in a contract must be performed by the individual who made the promise, unless the nature of the contract indicates that another person can perform it. The promisor's representatives can perform the promise if they die before it can be fulfilled.
- "A promises to pay B a sum of money.A may perform this promise, either by personally paying the money to B or by causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so."
Order of Performance of Reciprocal Promises
- When there are reciprocal promises in a contract, the order of their performance, if not stated, is determined by the nature of the agreement.
- "A and B contract that A shall build a house for B at a fixed price.A’s promise to build the house must be performed before B’s promise to pay for it."
Liability of Party Preventing Performance
- If a party to a contract prevents the other party from fulfilling their promise, the contract becomes voidable at the option of the party who was prevented and the party who prevents performance must pay for the loss incurred by this action.
- "A and B contract that B shall execute certain work for A for a thousand rupees.B is ready and willing to execute the work accordingly, but A prevents him from doing so.The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance."
Claim for Necessaries
- A person who supplies someone incapable of entering into a contract or someone who is legally obligated to be supported by the incapable person with necessaries is entitled to be reimbursed from the incapable person's property.
- "A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property."
Reimbursement of Payment Due By Another
- A party who pays money owed by another party is entitled to be reimbursed by the other party if they have a vested interest in the payment.
- "B holds land in Bengal, on a lease granted by A, the zamindar.The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government.Under the revenue law, the consequence of such sale will be the annulment of B’s lease.B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A.A is bound to make good to B the amount so paid."
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Description
This quiz covers the Transfer of Property Act 1882, highlighting its origins, amendments, and geographic applications throughout India. Learn about the significant changes made to the Act and its relevance in various regions over time.
