Section 9 The Indian Contract Act, 1872
Section 9 – The Indian Contract Act, 1872
📜 Bare Text of Section 9:
“Promises, express and implied.—
Insofar as the proposal or acceptance of any promise is made in words, the promise is said to be express.
Insofar as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.”
✅ Explanation:
Section 9 of the Indian Contract Act deals with the manner in which promises are made—either expressly or impliedly.
🔹 Types of Promises:
Express Promise:
Made in words, either spoken or written.
Example: A agrees in writing to sell his bike to B for ₹10,000.
Implied Promise:
Arises from conduct or circumstances, not through spoken or written words.
Example: You take a bus, and by boarding it, you impliedly promise to pay the fare.
🧠 Why is it important?
Helps courts identify the existence of a contract, even when there is no written or spoken agreement.
Ensures that fairness and expectations based on conduct are upheld.
📌 Illustrative Example:
Express: X tells Y, “I’ll sell you my car for ₹2 lakhs.” Y replies, “I accept.”
Implied: You walk into a salon, sit for a haircut, and allow the barber to proceed — this creates an implied promise to pay.
RELATED Blog
0 comments