What is Section 47 of the Indian Contract Act?
Asked by: Miss Mariah Huels III | Last update: April 4, 2026Score: 4.3/5 (68 votes)
Section 47 of the Indian Contract Act, 1872, dictates that if a promise is to be performed on a specific day but doesn't require the promisee to ask for it, the promisor must perform it within usual business hours on that day and at the designated place, otherwise the promise isn't fulfilled, even if delivered on the right day but after closing time. It ensures performance happens at a reasonable time (business hours) when the contract specifies a date but not a time, and no application is needed from the promisee.
What is Section 47 of the Indian Contract Act, 1872?
When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed.
What is Section 47 of the Indian Evidence Act?
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
What is a mistake under the Indian Contract Act?
The section states, “Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.” Unilateral Mistake (Section 22): This arises when only one party is mistaken. Generally, a unilateral mistake does not render a contract void.
What is Section 47 of the Indian Patent Act?
A patent granted under the provisions of the Patents Act, 1970 (the Act), confers an exclusive right of the patentee to exploit their invention and to produce, sell or import the patented product or process for the duration of the patent.
Section 47 Of The Indian Contract Act
What is the purpose of section 47 of CPC?
Section 47 of the Code of Civil Procedure (CPC) is all about the ticking clock and the importance of adhering to time limits when it comes to executing decrees. It lays down the law regarding the maximum period within which a decree can be enforced.
What is section 47-A of the Indian Stamp Act?
"47-A (1) If the market value of any property which is the subject of any instrument, on which duty is chargeable on market value of such property, as set forth in such instrument, is less than even the minimum value determined in accordance with the rules made under this Act, the registering officer appointed under ...
What are four types of mistakes that can invalidate a contract?
Four types of mistakes that can invalidate a contract, making it void or voidable, include Mutual Mistake (both parties share the same fundamental error), Unilateral Mistake (one party is mistaken, and the other knows or should know), Common Mistake (a shared error about the existence or quality of the subject matter, often rendering the contract void), and mistakes involving Misrepresentation or Fraud, where one party is misled by false statements about essential facts, though technically not just a "mistake" but a vitiating factor often grouped with them.
What is breach of contract in Indian Contract Act?
As per Section 37 of Indian Contract Act, 1872 (ICA) parties are under an obligation to perform their part of the contract. In case a party does not perform it's part of the contract, the party would be liable for breach of contract.
What are the three types of mistakes?
There are three broad categories of mistake which this chapter will explore:
- Non-Agreement mistake.
- Mutual agreement mistake.
- Unilateral mistake.
What is Section 47 about?
A section 47 enquiry (under Section 47 of the Children Act 1989) is initiated to decide whether, and what type of, action is required to safeguard and promote the welfare of a child who is suspected to be suffering, or is likely to suffer, significant harm.
What legal issues are related to Section 47?
California's litigation privilege (codified at Civil Code, section 47, subdivision(b)) gives a person absolute immunity (i.e., a complete defense) from liability for any “publication or broadcast” made as part of a “judicial proceeding.” It applies (and is a complete defense) to any such communication that the person ...
What is the best evidence rule under the Indian evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
What are the 4 rules of contract law?
The four fundamental principles of contract law for a legally binding agreement are Offer, Acceptance, Consideration, and the Intention to Create Legal Relations, requiring a clear proposal, agreement to terms, an exchange of value, and a genuine purpose to be legally bound, respectively, for enforceability.
Who is considered incompetent to contract according to the Indian Contract Act?
As per the Indian Contract Act,1872, a minor is a person who is incompetent to enter into an agreement or a contract. These agreements are considered null and void and are not enforceable by laws.
What are the 5 conditions of a valid contract?
For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.
What are the 4 breaches of contract?
The four main types of breach of contract are minor (or partial), material, anticipatory, and fundamental breaches, differing in severity and impact, with minor breaches involving small deviations, material breaches undermining the contract's core, anticipatory breaches occurring before performance, and fundamental breaches being severe violations allowing contract termination and significant damages.
What damages can be claimed for breach of contract?
Examples of non-compensatory damages include nominal damages, aggravated damages, restitutionary damages and account of profits. Damages for breach of contract are subject to the principles of remoteness, causation and mitigation.
What is a misrepresentation in a contract law?
An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. An action for misrepresentation can be brought in respect of a misrepresentation of fact or law.
What is an honest mistake in contract law?
A mistake in contract law is when one or both parties have a false belief about a contract. A mistake might be a misunderstanding about terms, laws, or information relevant to a binding contract. If a party can prove their false belief has legitimate mistake grounds, the contract would become void.
What is the single mistake rule?
Mistake by One Party: Unilateral Mistake
When only one party is mistaken about a material fact, it is known as a unilateral mistake. General Rule: Ordinarily, a contract is not voidable merely because one party made a mistake about the subject matter.
What mistake is likely to be voidable?
A voidable contract is legally valid but can be canceled by one party due to specific legal defects. Common reasons include misrepresentation, fraud, duress, undue influence, mental incompetence, or mutual mistake.
What is section 47 A?
Section 47-A (1) of the Act provides that if the Registering Officer, appointed under the Registration Act, 1908 while registering any instrument relating to the transfer of any property, has reason to believe that the market value of the property or the consideration, as the case may be, has not been truly set forth ...
What is Section 48 of the Indian Stamp Act?
Article 48-Introductory | Indian Stamp Act, 1899 | Law Commission of India Reports | Law Library | AdvocateKhoj. Article 48, which deals with powers of attorney1, is divided into seven clauses, which prescribe a stamp duty ranging from 50 P. to Rs. 10 and over.
What were the consequences of violating the Stamp Act?
Further, those accused of violating the Stamp Act could be prosecuted in Vice-Admiralty Courts, which had no juries and could be held anywhere in the British Empire.