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

Chapter- 8 Contracts Relating to Agency

Section : 56 Contracts relating to Agency
Any person may appoint any other person as his/her agent to do anything on his/her behalf except something connected with his/her personal skills or to conduct business as his/her agent of may transaction with a third person on his behalf or to represent himself to such person, or to establish any kind of legal relation with the person appointing an agent and a third person, and in case an agent is so
appointed, a contract relating to the agency shall be deemed to have been concluded.

Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 57 : Recognition of transaction made or carried out by an agent
1) The liability resulting from the contract concluded through an agent appointed under Section 57 or from the action taken or work performed by the agent shall be recognised as resulting from a contract signed or work performed by the principal person and implemented accordingly.
Provided that the principal person shall not be responsible for any action taken by the agent beyond his/her authority.
2) Notwithstanding anything contained in sub-section (2), among the actions taken beyond the authority, in case some of them are within his/her authority and some beyond it, and in case the action taken from within his authority can be separated principal person shall be responsible for actions taken to the extent of his/her authority.
3) Any information supplied to the agent in the course of transactions with the principal person through his/her agent shall be deemed to have been supplied to the principal person.

Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 58 : Power to appoint Sub-agents
1) In case it is necessary to appoint a sub-agent according to the nature of any trade, business or transaction, or in case a sub-agent can be appointed according to the provision contained or practice followed in the contract relating to the agency, the agent may, except when otherwise provided for in the contract, appoint a sub-agent with the consent of the principal person.
Provided that an agent who has been appointed on the condition that he/she will personally represent or personally execute any work may be able to appoint a sub-agent.
2) In case a sub-agent is appointed under sub-section (1), the principal person shall be informed accordingly, and a sub-agent so appointed in that manner shall have right and duty equal to that of the agent
appointed by the principal person.
3) In case any agent appoints a sub-agent without the consent of the principal person, the latter shall not be responsible for any action taken or work performed by the sub-agent. A sub-agent so appointed shall be personally responsible.
Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 59 : Matters to be complied with by agent
1) Except when otherwise provided for in the contract, an agent shall comply with the following matters:
(a) Work subject to the conditions of the contract relating to the agency and the directives issued by the principal person.
(b) In case no condition has been mentioned in the contract or the principal person has issued no directive, the agent shall work as entrusted to him/her in the manner in which it has to be performed according to the nature of the trade and business and the laws and practices of the place of transaction, with bona fide motive, full dedication and necessary skills and efficiency.
Provided that in case the principal person has knowledge in advance that the agent has knowledge in advance that the agent has no skill or capability with respect to any subject, the agent shall not be responsible for any loss or damage resulting from such lack of skill or capability.
(c) An agent who has been removed from his/her position shall not do anything on the same subject as before in the capacity of an agent.
(d) The agent shall supply or show details of the account and record relating to the agency business when demanded by the principal person.
(e) In case any obstruction, obstacle or difficulty arises in the course of performing work relating to the agency, the agent shall notify the principal person as soon as possible and obtain necessary directives, and the principal person shall him/herself be responsible for any action taken according to the directives so issue.
2) In case the principal person suffers any loss or damage because of the failure of the agent to fulfil his/her duties under Clause (a), (b) and (c), the agent shall personally bear loss or damage so incurred.
Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 60 : Agent to be responsible
1) Except when otherwise provided for in the contract, the agent shall be personally responsible for transactions made by him/her on behalf of the principal person in the following circumstances:
(a) In case he/she concludes a contract with a third party in relation to any transaction with provision for personal responsibility.
(b) In case any work has been done for or on behalf of an unidentified principal person, in case the principal person is not identified;
(c) In case the principal person can not be sued for any reason;
(d) In case the contract has been signed in his/her own name;
(e) In case anything has been done in contravention of the contract relating to the appointment of an agent or beyond his/her authority;
(f) In case any fraud or cheating has been committed in the course of the transaction
(g) In case the agent has to bear personal liability according to the nature of the trade,
(h) In case the interest of the agent is also involved in the transaction.
2) Except when otherwise provided for in the contract concluded between the agent and a third person, only the fact that the agent is personally responsible under sub-section (1) shall not be deemed to have prejudices the right of the third person to make any claim against the principal person and legal action may be initiated against the principal person as well for arrears due from the agent.
3) For the purpose of initiating legal action against the principal person under sub-section (2), the time limit shall be deemed to have begun from the date of the last payment made by the agent.
Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 61 : Termination of agency
1) Except when otherwise provided for in the contract, the agency shall be deemed to have
epso facto
terminated in the following circumstances :
(a) In case the agent voluntarily decides not to continue it,
(b) In case the principal person conceals the authority granted or contract signed with the agent or gives a notice to the agent regarding the impossibility of complying with the contract,
(c) In case the agent has been appointed for any specific work that work is completed,
(d) In case the agent has been appointed for a specific period, after the expiry of that period,
(e) In case the principal person or the agent loses his/her senses,
(f) In case the principal person is declared bankrupt,
(g) In case the subject regarding which the agent has been appointed no longer exists,
(h) In case an agent is appointed by a company or an agent of a company if the company is liquidated.
2) All or any of the power granted by the principal person to the agent may be cancelled at any time before the agent exercises them.
Provided that, in case the agent has already exercised some of such powers, the work performed regarding those powers shall not be deemed to have been cancelled.
3) Notwithstanding anything contained elsewhere in this Section, in case the agent has a share in the property connected with the main subject of the agency, the agent may not be dismissed in such a manner as to have a negative impact on such share.

Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 62 : Prohibition to remove an agent
1) Except when otherwise provided for the contract, in case an agent has been appointed for any specific period or work, the principal person shall not remove him/her before that period or before the completion of that work without appropriate and sufficient reasons.
2) An agent who has been appointed without prescribing any specific period or work can not be removed without a prior notice mentioning appropriate reasons.
3) In case the principal person removes any agent in a manner opposed to sub-sections (1) or (2), the principal person shall pay a reasonable compensation to the agent.

Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 63 : Agent prohibited from giving up agency
1) Except when otherwise provided for in the contract, the agent who has been appointed for a specific period or work shall not stop working as an agent before the expiry of the specific period or completion of the specified work without appropriate and sufficient reasons.
2) An agent who has been appointed without specifying the period or work under sub-section (1) shall not give up that work without informing the principal person in advance along with the reasons for doing so.
3) In case any agent stops working in that capacity contrary to sub-section (1) or (2), the principal person may claim reasonable compensation.
Contract Act 2056

Chapter- 8 Contracts Relating to Agency

Section 64 : Sub-agent also to leave if agent leaves
In case an agent no longer remains in that capacity under this act, the sub-agent appointed by him/her shall also be deemed to have automatically left.

Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 65 : Contracts relating to Transportation
1) A contract relating to transportation shall be deemed to have been concluded if it provides for the transportation of goods from one place to another.
2) Except when otherwise provided for in the contract, the receipt to be issued by the transporter to the owner of goods for their transportation at the time of handling them over for the purpose of transportation shall be recognized as proof of contract between them.
Explanation:
For the purpose of this Chapter, the term ‘transporter’ means a person operating a transport service other than air or marine transport or a person operating a business of such operation, and the term also includes a person operating the transport business through animal or any other means.
Provided that, in case any person employed by the owner of goods on a wage basis or his/her agent or a person working under him/her transports goods, he/she shall not be recognized as a transporter for the purpose of this chapter.

Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 66 : Transporter’s obligations
1) It shall be the obligation of the transporter to transport and condition goods received from their owners for transportation at the prescribed place and in their proper condition.
2) In case goods received from the owner for transportation are lost, destroyed, broken, harmed or damaged, or in case they do not reach their destination in proper condition for any other reason, the transporter shall be held responsible.
3) The transporter shall transport goods within the period mentioned in the contract, and within a reasonable period in case no period for transporting the same has been mentioned in the contract, and hand them over to their owner or his/her agent or a person designated by him/her.

Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 67 : First transporter to be held responsible in case goods are transported through several means of transport
In case it becomes necessary to transport goods through more than one transporter or though more than one means of transport, the transporter to whom the owner of goods has handed them over shall be held personally responsible for the purpose of this chapter, except when otherwise provided for in the contract.
Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 68 : Liability of transporter to be limited
1) Except when the owner of goods or his/her agent has clearly declared at the time of concluding the contract that the goods to be transported are worth more than ten thousand rupees or except when otherwise provided for in the contract, the amount of compensation to be paid by a transporter for any loss or damage to goods transported by him/her shall not exceed ten thousand rupees.
2) Notwithstanding anything contained in sub-section (1), the transporter shall not be held liable for any loss or damage to gold, silver, diamond jewels or goods made thereof, precious stone, negotiable
instruments, securities, documents registered by offices, certificates issued by educational and other institutes, coins, bank notes, postal stamps, fish, meat, fresh fruits and vegetables, insecticide, inflammable materials, petroleum products, precious art pieces, idols, curio goods or fragile goods, wildlife and pets, handicrafts, arms and ammunition, explosives, radio, television, computer and similar other goods and their spare parts, machinery and goods specified in prevailing law as those which have to be declared by the owner before their transportation, except when the owner or his agent has clearly declared them at the time of signing the contract or at the time of handing them over to signing the contract or at the time of handing them over to the transportation for the transporter.
3) For the purpose of bearing the risk involved in the transportation of goods mentioned in sub-section (2), the transporter might have them insured against the risk through their owner or his/her agent or
by him/herself by collecting a separate fee for the purpose, or take other necessary arrangement to avoid the risk.

Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 69 : Transporters to be responsible
A transporter shall pay reasonable compensation to the concerned owner for any loss or damage in the process of transportation of goods declared at the time of signing the contract of handing them over to the transporter for transportation under this Chapter or for goods which need not be declared, as provided for in the contract, if any, and, if not, reimbursement of the transported goods with the agreement of their owner, or in case no such agreement is reached or can be reached, according to the current price of the goods, and if the current price can not be determined, according to a reasonable price, subject to Chapter 12.
Contract Act 2056

Chapter- 9 Contracts Relating to Transportation of Goods

Section 70 : Transporter’s liability to be ended
Except when otherwise provided for in the contract, the liability of a transporter shall be deemed to have ended in any of the following circumstances:
(a) In case the transporter or his agent transports the goods and hands them over to the owner or his/her agent, or a person designated by him,
(b) In case the goods handed over to the transporter are received back by the owner or his/her agent.
(c) In case the transporter or his agent returns the goods to the owner or his/her agents, citing the reason why the goods can not be transported within the prescribed period in the circumstances mentioned in Clause (b) of sub-section (2) of Section 79.

Contract Act 2056

Chapter- 10 Time, Procedure and Place for Performing Contracts

Section 71: Times and Procedure of performing contract
1) In case the time and procedure of performing the contract has been mentioned in the contract, it shall be performed within the specified time and according to the specified procedure.
2) In case no time or procedure for performing the work mentioned in the contract has been specified, whereas in case the work can be performed only at any specific time or according to any specific procedure, the contract shall be deemed to have been concluded so as to perform the work at that time and according to that procedure.
3) Except in the circumstances mentioned in sub-section (2), in case the time and procedure of performing the contract has not been mentioned in the contract, the contract shall be performed within a reasonable time by adapting a reasonable procedure.

Contract Act 2056

Chapter- 10 Time, Procedure and Place for Performing Contracts

Section 72 : Place for performing contract
1) In case any specific place has been specified in the contract for performing the work, the work shall be performed at the same place.
2) In case any party has to hand over or deliver goods to the other party under the contract, and the place where those goods are to be handed over or delivered has not been specified in the contract, the contract shall be deemed to have been concluded with a provision to and over or deliver the goods at the place where those goods are stored.
3) In case the specific place where the work mentioned in the contract has to be performed has not been specified in the contract, and whereas that work can be performed only in a specific place, or in case the work needs to be performed in any specific place due to the general practice and custom or the nature of the work, the contract shall be deemed to have been concluded with a provision to perform at work at a place.
4) In circumstances other than those mentioned in sub-sections (2) and (3), in case the place for performing the work prescribed in the contract is not mentioned in the contract, the party performing the work according to the contract shall inform the other party to specify a reasonable place for performing the work, and the other party shall specify a reasonable place to perform the work.
Contract Act 2056

Chapter- 10 Time, Procedure and Place for Performing Contracts

Section 73: Circumstances in which contracts need not be performed
Work under a contract need not be performed in any of the following circumstances:
(a) In case one party to the contract absolves the other party from fulfilling the obligations according to the contract,
(b) In case a voidable contract is made void by the party concerned,
(c) In case one can not execute the contract due to its violation by the other party,
(d) In case it becomes unnecessary to perform the work mentioned in the contract under any provision of this Act,
(e) In case it becomes unnecessary to comply with the contract under Section 79.

Contract Act 2056

Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

Section 74: Obligation under contract to be fulfiled
Each party to a contract shall fulfil his/her obligation under the contract.

Contract Act 2056

Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

section 75 : Reciprocal compliance with contract
1) In case a contract has been concluded with a provision requiring both parties to simultaneously fulfill their respective obligations, and in case one party fundamentally shows a conduct or intention of not fulfilling his/her obligation the other party shall not be required to fulfill his/her promise.
2) In case the order of priority relating to the fulfilment of any promise has been specified in the contract itself, it shall be fulfilled accordingly, and in case no such order of priority has been specified, the
a party who is required to do so first, according to the nature of the contract, shall fulfil it.
3) In case one promise can not be fulfilled without fulfilling another promise under any contract containing reciprocal promises, the party which can not execute the contract because of the failure of the other party to fulfil its promise may recover the loss or damage caused by the failure of the other party to execute the contract.
4) In case a contract of the type mentioned in Sub-section (1) has been concluded, and any party obstructs the other party from executing the contract, the party which becomes unable to execute the contract may the contract cancel and also recover any loss or damage suffered by him/her from the cancellation of the contract in that manner.

Contract Act 2056

Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

Section 76 : Devolution of rights and liabilities of contract
In case a party to a contract dies or loses his/her senses, the rights accruing from the contract shall devolve on the heir to his/her property, and the heir shall also bear liability to the extent covered by the property received by him/her.
Provided that the rights and liabilities accruing on the basis of personal skills and qualification shall not devolve on such heir.
Contract Act 2056

Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

Section 77 : Person to execute contract
1) Except when the person concluding the contract is under the obligation to execute the contract, he/she may have it executed by his agent or a person appointed by him/her or any other person on his/her behalf.
Provided that no party to a contract may transfer the obligations under the contract to any other person without the consent of the other party.
2) Except when otherwise provided for in the contract, once a party accepts a work done by a third person, he/she may not later claim that the work has to be done by the party signing the contract.
3) In case two or more persons have jointly signed a contract with any other party, any of the persons jointly signing the contract shall fulfil or cause to do so for the fulfilment of the obligation under the contract, except when otherwise provided for in the contract.
4) In case any person has fulfilled his/her obligation under sub-section (3), the person so fulfilling the obligations may recover compensation or loss on a proportionate basis from the other persons jointly signing the contract.
5) In a contract signed in the manner mentioned in sub-section (3), in case any party gives concession to any person belonging to the other party from the obligations of his/her share, the other person shall not be free from the remaining obligation of the contract.

Contract Act 2056

Chapter- 11 Execution of Contract and Obligation Arising out of the Contract

Section 78 : Only the party shall have right to execute the contract
1) Only a person who is a party to a contract may demand the execution of that contract from another party.
Provided that, in case the contract has been signed for the benefit of any person, such person may demand the execution of that contract even if he/she is not a party to that contract.
2) In case two or more than two persons jointly agree upon to perform or not to perform any work, except when otherwise provided for in the contract, all persons so concluding- the contract may demand the execution of that contract.