chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Contract Act 2056

Chapter- 5 Contracts Relating to Bailment

Section 32: Property given for repair and maintenance to be returned
1)In case a person has given any property for repair, improvement or renovation in any way to any person, the latter shall return it to the former after collecting expense or service charge fixed for repair, improvement or renovation.
2) The property handed over under sub-section (1) shall be returned to the concerned owner after repairing, improving or renovating it within the period mentioned in the contract. In case it is not returned within the prescribed period, or any additional loss or damage is caused to the property or the property is damaged in such a way as to become unusable in the course of repair, improvement or renovation, an action shall be taken as provided for in the contract, and if no provision has been made in the connection in that contract, appropriate compensation shall be paid to the concerned owner.
3) Notwithstanding anything contained elsewhere in this Section, the person repairing, improving or renovating any property may keep it with him/herself until the cost of repair, improvement or renovation
or the service charge fixed for that purpose is paid. In case the cost or service charge is not paid within a reasonable period, the person repairing, improving or renovating the property may recover his/her expenses or service charge by selling the property.

Contract Act 2056

Chapter- 5 Contracts Relating to Bailment

Section 33: Bailment Expenses
While bailing a property, expenses incurred for looking after and ensuring the safety of the bailed property shall be borne by the bailer, except when otherwise provided for in the contract.

Contract Act 2056

Chapter- 5 Contracts Relating to Bailment

Section 34 : Contract relating to bailment to be void
1) In case it is proved that any property has been bailed with the intention of avoiding a partition of property or payment of any government charge or any amount involved in any claim or to be paid to anybody, or with any other illegal motives, the contract relating to such bailment shall be void.
2) In case the bailee does not keep the bailed property according to the terms and conditions of the contract, the bailer may get back the bailed property at any time.
Contract Act 2056

Chapter -6 Contracts relating to Collateral and Deposit

Section 35: Contracts relating to collateral or deposit
1) In case any person has obtained collateral while supplying credit to anybody as a security for that credit or obtained any property as a deposit in the form of a guarantee to perform the concerned work while having any work performed by a contract relating to collateral or deposit shall be deemed to have been concluded.
Explanation:
For the purpose of this Chapter, the term ‘property’ shall denote any movable or immovable property and title or document establishing title to that property.
2) In case a collateral has been obtained while supplying a credit, the credit and interest thereon, and in case any deposit has been obtained to perform any work, the other expenses relating to that work, as well as the expenses incurred for looking after the collateral or deposit, shall also be deemed to have been included in the contract relating to collateral or deposit.

Contract Act 2056

Chapter -6 Contracts relating to Collateral and Deposit

Section 36 : Collateral or deposit to be returned
1) Except when otherwise provided for in the contract, the collateral obtained for credit shall be returned after the repayment of the credit, or the deposit obtained for a work shall be refunded to the concerned person after the completion of that work.
2) In case the collateral or deposit kept under sub-section (1) has been or can be divided into different parts, the collateral or deposit may be returned to the extent covered by the portion of the credit repaid or work performed.
Contract Act 2056

Chapter -6 Contracts relating to Collateral and Deposit

Section 37 : Rights of person obtaining collateral or deposit
1) In case a credit has been obtained by pledging any property as collateral and the debtor fails to repay the credit or interest thereon, if any, within the prescribed period, the person who has taken the collateral may initiate action according to law and realise the amount to be realised in consideration of that credit by selling or auctioning the collateral according to current market price or transfer the title to such collateral subject to the law in case it can not be sold or auctioned.
2) In case the property kept as collateral is sold at a price lesser than the amount to be realised from the debtor by the person who has the collateral under sub-section (1), the shortfall may be recovered from other assets of the debtors. In case the collateral is sold at a price higher than the amount to be recovered, the excess amount shall be refunded to the debtors.
3) Notwithstanding anything contained in sub-sections (1) and (2), in case the property kept as collateral has not yet been sold or the title to it has not yet been transferred, the person who has pledged the property as collateral may clear his property by repaying the credit and interest thereon and any other amount payable at any time.
Provided that the person pledging the property as collateral shall also bear the additional liability emerging on the property kept as collateral owing to his failure to repay the amount within the stipulated period.
4) In case anyone has been entrusted with the responsibility of performing any work by obtaining any property as a deposit, and the concerned person fails to complete the concerned work or the concerned work fails to be completed within the stipulated period, the property kept as a deposit may be used to complete the work or to recover the expenses incurred thereupon. In case the work can not be completed with the property kept as a deposit, the amount in shortfall may be recovered from the other assets of the person who has furnished the deposit.
Contract Act 2056

Chapter -6 Contracts relating to Collateral and Deposit

Section 38 : Consequences of pledging property without sufficient title as  collateral or ‘deposit
1) In case anyone has obtained credit or work by pledging as collateral or depositing any property to which he/she has no title or ownership or any property received under a contract which is void under this Act, and the person obtaining such collateral or deposit has no knowledge about the matter, the latter may demand the property from the to which he/she has a title so as to be kept as collateral or deposit. In case the former fails to provide such collateral, the latter may cause the contract to be void.
2) In case any property received under a void contract has been pledged as collateral or deposit, and such contract had become void before furnishing such collateral or deposit or the party receiving the collateral or deposit knows that the concerned property did not belong to the person furnishing it as collateral or deposit, the person obtaining such property as collateral or deposit shall have no right to it and may realise the amount to be realised by him/her or have the work to be performed from the other property of the party furnishing the collateral or deposit.
3) In case the person furnishing the collateral or deposit has a partial or limited title to or ownership of the property pledged as collateral or deposit, the person accepting such property as collateral or deposit shall also have title to that property to the same extent.

Contract Act 2056

Chapter -6 Contracts relating to Collateral and Deposit

Section 39 : Creditors to have equal status
1) In case anyone has obtained credit from several creditors in one or several instalments by pledging his/her property as collateral, and the property so pledged as collateral is not sufficient to repay the credit of all the creditors, all the creditors who have used the property as collateral shall be deemed to have equal status in respect to outstanding credit and all of them may make a proportionate claim on the property, except when otherwise provided for in the contract.
2) In case any property which has already been pledged as collateral under sub-section (1) is again pledged as such with a provision to give priority to the second creditors in the future, the concerned contract shall be void. In case the (second) creditor has already realised his/her credit from the collateral before the contract becomes void, even while knowing that there are other creditors with respect to the collateral, he/she shall refund the amount to the other creditors and realise his/her credit from the other assets of the person who has pledged the property as collateral.
Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 40 :  Contract relating to sale of goods
1) A contract relating to the sale of goods shall be deemed to have been concluded. In case any seller agrees to hand over any goods to the buyer immediately or in the future by receiving a price.
Explanation:
For the purpose of this chapter, the term ‘goods’ means any type of movable or immovable property except currently used currency, security, or actionable claim .
2) A contract relating to the sale of goods may be conditional or unconditional.
3) A contract may be concluded with a provision to sell goods owned or possessed by the seller or those to be produced or acquired by him/her in the future.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 41 : Contract relating to sale of goods to be void
In case a contract has been concluded to sell specific goods, and in case the goods have suffered any loss or damage at the time of or before concluding the contract and the seller had no knowledge thereon at the time of concluding the contract, the contract shall be void.
Explanation:
For the purpose of this Section, ‘Specific goods’ means the specific goods mentioned at the time of concluding the contract.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 42 : Determination of price of goods
1) Except when otherwise provided for in the contract, the price of goods shall be determined on the basis of the terms and conditions of the contract or according to the procedure agreed upon in the contract or in the process of a transaction between the parties.
2) In case the price of goods has been determined according to their weight and measurement, the price of goods shall be fixed on the basis of the net weight and measurement, except when otherwise provided for in the contract.
3) In case the price of goods can not be determined under sub-section (1) or (2), the buyer shall pay the seller a reasonable price, taking into account the concerned circumstances.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 43 : Price of goods to be paid
Except when otherwise provided for in the contract, the price of goods must be fully paid as follows in the following circumstances:
(a) A buyer shall pay the seller the price of goods bought by him/her at the time of buying them.
(b) The price of goods shall be paid in cash.
(c) The contract shall be deemed to have been concluded with a provision to pay the price and hand over the goods simultaneously.
Explanation:
For the purpose of this Section, the term ‘cash’ includes cheques, traveller’s cheques, promissory notes, bills of exchange, letters of credit, bank drafts, credit cards and telegraphic transfers payable through the bank.
Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 44 : Particulars of goods
1) In case the name, brand, trademark or specification of goods to be sold are mentioned in the contract, the contract shall be deemed to have been concluded to sell goods of the same name, brand, trade mark or specification.
2) In case the name, brand, trademark or specification and sample goods to be sold have been mentioned, the bulk of those goods shall correspond not only to the sample but also to their name, brand, trademark or specification as mentioned in the contract.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 45 : Title to be deemed to the goods to be sold
1)Except when otherwise provided for in the contract, the seller shall be deemed to have or going to have title to the goods agreed to sell in the future. Goods agreed to sell in the future shall be considered to be or going to be free from anybody’s seizure, control or procession.
2) Except when otherwise provided for in the contract, the seller shall be deemed to have the right to sell the goods sold or to be sold by him/her.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 46 : Goods to be deemed to be of merchantable quality
1) Except when otherwise provided for in the contract, goods sold or to be sold shall be deemed to be of merchantable quality.
2) In case specific goods sold or to be sold for any specific purpose are suitable for that purpose, they shall be considered to be of merchantable quality.
Provided that in case any defect in the goods has been mentioned in the contract itself, or in case the buyer had become aware of any defect before signing the contract or while inspecting the goods, those goods shall not be deemed to be of merchantable quality.
3) In case the quality of specific goods has been mentioned in the contract, those goods shall be deemed to be of the same quality. In case the quality of the goods is not mentioned in the contract, their quality shall be as of the current standard.
4) Except when otherwise provided for in the contract, the seller shall not be deemed to have given a warranty to the effect that the goods sold or to be sold are of a specific quality.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 47 : Sale through samples
1) In case provisions have been made in a contract to sell goods after inspecting their samples directly or otherwise, it shall be deemed to have been signed to sell goods after inspecting their samples.
2) In case a contract has been signed to sell goods after inspecting their sample, it shall be deemed to include the following conditions, except when otherwise provided for in the contract:
(a) The bulk of the goods shall correspond to the samples in quality.
(b) The buyer shall have a reasonable opportunity to compare the quality of the bulk of the goods with the sample.
(c) The goods sold or to be sold shall be free from any defect, and their merchantable quality shall be apparent while inspecting them at the time of comparing them with the sample.
Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 48 : Provisions concerning transfer of ownership of goods
1)In case a contract has been signed to sell specific or particular goods, their delivery shall be made as provided for in the contract, if any, and if not, according to the conditions of the contract, the conduct of the parties, and the intention of the parties expressed through the concerned circumstances.
2) Except when otherwise provided for in the contract, in case a contract has been signed in such a situation that specific goods can be delivered immediately, the parties shall be deemed to have the intention of delivering them after concluding the contract or paying their price.
3) In case a contract has been signed in such a situation that specific goods can be delivered immediately, and in case the buyer has to weigh, measure and examine them or execute any function to determine their price, such goods shall not be delivered until such functions are executed and information thereof is supplied to the seller within a reasonable period.
4) Except when otherwise provided for in the contract, a contract shall be deemed to have been made with a provision to deliver the goods at the very place where they have been sold or are to be sold.
5) Except when otherwise provided for in the contract, the title or ownership of the buyer shall be deemed to have been established on the goods from the very moment when they are delivered to him/her.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 49 : Risk to be borne
1) Except when otherwise provided for in the contract, the seller him/herself shall bear the risk of any loss or damage to the concerned goods until they are delivered to the buyer.
2) In case there has been a delay in the delivery of goods due to any reason concerning the buyer or the seller, the party responsible for such delay shall bear the risk of loss or damage under sub-section (1).
3) In case the seller has agreed to deliver goods from the place of purchase to the place specified by the buyer, the seller him/herself shall bear the risk of any loss or damage to goods, except when otherwise
provided for in the contract.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 50 : Buyer’s right to inspect goods
In case sold goods are delivered to the buyer, the buyer shall have a reasonable opportunity to examine and ascertain whether or not they conform to the contract, and he/she shall not be deemed to have accepted the goods until this is done.
Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 51 : Goods to be deemed delivered
The buyer shall be deemed to have received the goods in any of the following circumstances:
(a) In case the buyer or his/her representative receives the goods;
(b) In case a receipt or letter acknowledging the delivery of the  goods is issued;
(c) In case the buyer inspects the goods and ascertains that they conform to the contract under Section 50 and accordingly keeps them in his/her stock;
(d) In case the goods reach the buyer and are retained by him/her, even if he does not send information about his/her refusal to accept them within a reasonable time limit,
(e) In case he/she does anything to prove his/her ownership of such goods.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 52 : Time-limit for delivering goods
1) In case the contract provides that goods be delivered at any specified time or within any specified period, the seller must deliver the same to the buyer at that very time or within that very period.
2) Notwithstanding anything contained in sub-section (1), in case the buyer accepts goods delivered by the seller before the time or period prescribed in the contract or after the time or period prescribed in the contract, the seller shall be deemed to have delivered the goods.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 53 : Documents relating to sold goods to be handed over
Except when otherwise provided for in the contract, the ownership of goods shall not be deemed to have been transformed after sale until basic documents connected with their ownership or required for their use are handed over.
Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 54 : In the event of delivery of goods in a quality different from the  contracted quality
1) In case the seller delivers goods to the buyer in a quantity less than the quantity mentioned in the contract, the buyer may refuse to accept them.
Provided that, in case the buyer accepts goods even in the quantity, he/she shall be required to pay the price of the quantity at the rate mentioned in the contract.
2) In case the seller delivers goods to the buyer in a quantity higher than the quantity mentioned in the contract, the buyer might accept them only in the quantity mentioned in the contract and reject the rest of the entire quantity.
Provided that, in case the buyer accepts the entire quantity of goods so delivered, he/she shall be required to pay for them at the contract rate.
3) In case the seller delivers to the buyer, he has contracted to sell mixed with goods of a description not included in the contract, the buyer may accept the goods mentioned in the contract and reject the rest or reject the entire lot.
4) Except when otherwise provided for in the contract, the buyer shall not be bound to accept delivery of goods in instalments.
5) Excepts when otherwise provided for in the contract, in case the buyer refuses to accept goods brought by the seller for delivery, the buyer shall not be bound to return them to the seller.
Provided that the buyer shall inform the seller through the quickest possible means about his/her refusal along with the reasons thereof.

Contract Act 2056

Chapter- 7 Contract relating to Sale of Goods

Section 55 : Special provisions concerning compensation
Notwithstanding anything contained elsewhere in this Act, action with respect to compensation for a contract under this chapter shall be taken as follows:
1) In case a buyer does not accept or refuses to accept or refuses to pay the price of goods after once signing a contract relating to the sale of goods, the seller may, subject to the contract, claim compensation from the buyer in consideration of the buyer’s failure to accept or refusal to accept the goods.
(2) While determining compensation under Clause (a), in case goods not accepted or rejected by the buyer are available in the market, compensation shall be determined on the basis of the difference between the price of goods mentioned in the contract and the market or current price.
(3) In case the seller does not deliver or refuses to deliver goods according to the contract after signing a contract relating to the sale of goods, the buyer may claim compensation from the seller in consideration of his/her failure to deliver the goods.
While determining Compensation under Clause (c), in case the goods which the seller has refused or failed to deliver to the buyer are available in the market, compensation shall be determined on the basis of a difference between the price of the goods mentioned in the contract and the market or current price.