Legal Guide

What is Section 9 of the Indian Contract Act?

by Bhavya Choudhary · 3 min read

Section 9 of Indian Contract Act

Introduction 

  • Section 9 of the Indian Contract Act talks about the expression used for describing the promise and the way of expressing the promise.
  • The Indian Contract Act of 1872 talks about the legislation revolving around contract law and service agreements in India.
  • This act makes all the contracts in the country an agreement that is enforceable by law.
  • If we go deep into the meaning of the term agreement, we will observe that it talks about the free consent and will of two parties on the same topic of performance or promise; the two parties together form a contract with the objective of lawful consideration in return.
  • The issues of contract laws in society are always a source of learning for legal consultancy services. 

What is a Contract?

  • To make a contract an agreement, there is always one party that makes the offer or a proposal, and the other party has to give their free consent or acceptance for the fulfillment of that agreement; the consent can be expressed or implied.
  • But before the formation of the agreement, the concept of Promise came under action. The promise is the acceptance of the offer or the proposal as per section 9 of the Indian Contract Act.
  • It means that the acceptance of the offer makes it the promise, which then becomes binding. Section 9 of the Indian Contract Act talks about the expression of the promise. 

What does section 9 of the Indian Contract Act of 1972 talk about?

Section 9 in The Indian Contract Act of 1872 talks about the Promises which are expressed and implied to agree

“In so far as the proposal or acceptance of any promise is made in words, the promise is said to be expressed. In so far as such a proposal or acceptance is made otherwise than in words, the promise is said to be implied. —In so far as the proposal or acceptance of any promise is made in words, the promise is said to be expressed. In so far as such a proposal or acceptance is made otherwise than in words, the promise is said to be implied.”

What is an Implied contract?

  • The word implied contract has not been given under the Indian Contract Act anywhere; however, in section 9 of the Indian Contract Act, it has been tried to be explained in terms of implied promises.
  • With the interpretation of section 9 of the Indian Contract Act, it can be concluded that implied contracts are the type of contracts in which the proposal or the offer given by the offer and the acceptance by the accepted in the contract have occurred without the usage of words or expression. 
  • In implied contracts, the acceptance and proposal of an agreement happen through implied actions. Both contracts are an interpretation of section 9 of the Indian Contract Act. 

There are two types of implied contracts as per section 9 of the Indian Contract Act. Implied contracts by law and implied contracts by fact. 

  • The implied contract, by fact, means that the acceptance and proposal of the contract have occurred due to the actions or the conduct of the parties involved in the contract. 
  • Implied contract by law means that the offer and acceptance of the contract are binding on both parties to make a contract by the rule of law on them.

Illustrations of section 9 of the Indian Contract Act

  1. A person A was going in a taxi has not made any written or expressive contract, but according to section 9 of the Indian Contract Act, it is implied that the taxi driver and the person

Sitting inside the taxi, both have agreed on the legally enforceable contract of reaching the destination point as per the choice of person A, and in return, he has to pay him a certain sum of amount as a taxi charge to the taxi driver, and both have agreed on it. 

  1. I have a person who went to a hotel to stay for a few days then it is implied by the fact that he has to pay a certain amount of money after the check out from the hotel room all the inner hotel there will be no return contract in which it would be mention that you have to pay, but it is implied by the fact that the person who’s using the service of the hotel has to pay them back after the end of the service. 
  2. In the case of a hospital, an emergency patient case is bound to the doctors to provide him with medical and health care services to save him and his life by the rule of law. They cannot refuse to provide healthcare services just because there is no return contract between the parties. 
  3. Even if the doctor and the patients are in some other place other than a hospital, the doctor is impliedly mounted in the contract by the rule of law to save the person if he can, but he will be reimbursed after the service is found to be fruitful.

Conclusion 

Section 9 of the Indian Contract Act talks about the issue of the implied and expressive way of formation of the contract. The contract and the law are both legally enforceable as the section 9 of the Indian Contract Act. The contract and the service agreement are dealt with in the contract law, which is often taken by legal consultancy services.

It is important to consult a lawyer to understand all the technicalities of law, especially when it comes to drafting a Contract.

Bhavya Choudhary

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Bhavya Choudhary

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