chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 529: Party who must perform contract Section 529, Sub-section (1): Except in cases where a contract specifies that it must be performed by its party only, the contract may be performed by his or her agent or by a person appointed by him or her or by any other person on his or her behalf or the rights and obligations under the contract may be transferred. Provided that no party to a contract may transfer his or her obligations under the contract to another person without consent of the other party. Section 529, Sub-section (2): The following terms and conditions shall be fulfilled in order to transfer rights and obligations under a contract pursuant to sub-section (1): Section 529, Sub-section (2), Clause (a): Unless the contract otherwise provides for, the transfer shall be in written form, Section 529, Sub-section (2), Clause (b): The transfer shall be unconditional, Section 529, Sub-section (2), Clause (c): The transfer of rights or obligations is not prohibited by law or the contract, Section 529, Sub-section (2), Clause (d): In the case of the transfer of rights and obligations, a notice along with its time limit shall be given to the other party. Section 529, Sub-section (3): Once any party to a contract accepts any act done by a third person, that party shall not be entitled to claim subsequently that the act must be done by the party to the contract himself or herself, except as otherwise provided for in the contract. Section 529, Sub-section (4): If two or more persons jointly enter into a contract with another party, any or all of such joint promisors shall fulfill, or cause to be fulfilled, the obligations under the contract, except as otherwise provided for in the contract. Section 529, Sub-section (5): The joint promisor who fulfills the obligation shall be entitled to recover damages or loss on a pro rata basis from the other joint promisors, in consideration for the default of any other joint promisor in the fulfillment of the obligation under sub-section Section 529, Sub-section (4): . Section 529, Sub-section (6): Even if one party releases one joint promisor of the other party to the contract concluded pursuant to in sub-section (4) from the obligation on his or her part, such release shall not discharge the other joint promisors from the obligation under that contract. Section 530: Only the parties to contract can demand its performance Section 530, Sub-section (1):  Only the person who is a party to a contract can demand the performance of the contract by the other party. Provided that if a contract is concluded for the benefit of any person, such a person can demand the performance of that contract even if he or she is not a party to such a contract. National Civil Code 2074
National Civil Code 2074

Section 530, Sub-section (2): If two or more persons jointly enter into contract to do or not to do any act, all such a persons can jointly demand the performance of that contract, except as otherwise provided for in the contract. Section 531: Discharge of contracts in the event of fundamental changes in Section 531: circumstances: (1) If it becomes impossible to perform a contract as a result of fundamental change in the circumstance existed at the time of conclusion of the contract, the act according to the contract need not be performed. Section 531, Sub-section (2): Without prejudice to the generality of sub-section (1), emergence of any of the following circumstances shall be deemed to constitute a fundamental change in the circumstance existed at the time of conclusion of a contract: Section 531, Sub-section (2), Clause (a): If the contract becomes illegal and thereby it cannot be performed, Section 531, Sub-section (2), Clause (b): If it becomes impossible to perform the contract due to emergence of situations beyond human control such as war, flood, landslide, fire, earthquake and volcanic eruption, Section 531, Sub-section (2), Clause (c): If the subject matter essential for the performance of the contract is destroyed or damaged, or exists no longer, or such a subject matter could not be obtained, Section 531, Sub-section (2), Clause (d): If the contract is so concluded that its performance depends on the personal ability, skill or talent of a person, and the performance of the contract becomes impossible by the reason that such a person dies or becomes insane or is incapable of performing the contract because of physical or mental disability. Section 531, Sub-section (3): Notwithstanding anything contained in sub-section (2), none of the following circumstances shall be deemed to constitute a fundamental change in the circumstance existed at the time of conclusion of a contract: Section 531, Sub-section (3), Clause (a): If the performance of the contract has become difficult, Section 531, Sub-section (3), Clause (b): If the performance of the contract results in less profit or in loss, Section 531, Sub-section (3), Clause (c): If any party to the contract is dependent upon any third party who is not a party to the contract for its performance, and the third party makes a default or becomes incompetent, Section 531, Sub-section (3), Clause (d): In the event of a strike or lockout, Section 531, Sub-section (3), Clause (e): If additional tax, fee or other revenue is required to be paid, Section 531, Sub-section (3), Clause (f): If a contract is concluded with more than one object and some of the objects cannot be fulfilled. Section 531, Sub-section (4): In the case of emergence of any of the circumstances referred to in sub-section (3), the parties may, except as otherwise provided for in the contract, negotiate to review or alter the terms and conditions of the contract. National Civil Code 2074
National Civil Code 2074

Section 531, Sub-section (5): If the performance of a contract becomes impossible by the reason of a fundamental change in the circumstance as referred to in sub-section (2), the following matters shall be governed as follows: Section 531, Sub-section (5), Clause (a): A party who has received any amount paid by the other party in consideration of the contract, prior to the occurrence of such a change in the circumstance, shall refund it to the other party, Section 531, Sub-section (5), Clause (b): Payment to be made or due from one party to the other party in consideration of the contract shall not be payable after such a change in the circumstance. Section 531, Sub-section (5), Clause (c): The amount payable to each other shall be determined in consideration the act or amount already performed or paid, if any, by one party to the other party before such a change in the circumstance, and one party shall be entitled to recover reasonable expenses incurred by that party in consideration of the contract from the other party. Section 531, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, the contracting parties may agree to fulfill their respective obligations by continuing the performance of the contract after the end of the circumstance under clause (b) of sub-section (2). Section 532: Facilities to be provided Section 532, Sub-section (1): The parties to a contract shall provide to each other such facilities as may be needed to perform the contract from their respective sides. Section 532, Sub-section (2): If the contract cannot be performed due to the failure to provide such facilities, the party in default of the performance shall not be held liable responsible. Section 533: Contract may be suspended or altered Section 533, Sub-section (1): The parties to a contract may, if they so agree, change or alter all or any of the portions of the act to be performed under the contract, extend the time for the performance of any act under the contract, suspend the contract by not making it obligatory to perform any act to be performed under the contract for some time, substitute any act for the act specified in the contract or make a new contract in substitution for the original contract. Section 533, Sub-section (2): If any change or alteration is made to a contract pursuant to sub-section (1), a new contract shall be deemed to be made, and the new contract shall become effective accordingly. Section 533, Sub-section (3): If a new contract is made pursuant to sub-section (2), the obligation under the original contract need not be borne except as otherwise provided for in the new contract. Section 534: Statute of limitation Section 534: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. National Civil Code 2074
National Civil Code 2074

Section 535: Breach of contract deemed to occur Section 535, Sub-section (1): If any party to a contract fails to fulfill the obligation under the contract or gives a notice to the other party that he or she will not perform the act to be performed by him or her under the contract or his or her action and conduct demonstrate that he or she is incapable of performing the act under the contract, the party shall be deemed to have breached the contract. Section 535, Sub-section (2): If one party commits a breach of the contract pursuant to sub-section (1) or action or conduct of that party demonstrates non-performance of the contract in a material respect or demonstrates a material breach of the contract by the conduct or action of a party, the other party may rescind the contract by giving a notice to such a party. Section 535, Sub-section (3): In the case of the rescission of the contract pursuant to sub-section (2), the party rescinding the contract shall not be bound to perform the contract. Section 536: Indivisible nature of the authority to rescind contract Section 536: If either party of a contract consists of two or more persons, the contract may be rescinded only if all of such persons rescind it or if the rescission is applicable to all of them. Section 537: Compensation for breach of contract Section 537, Sub-section (1): In the case of breach of a contract under Section 535, the party aggrieved by it shall be entitled to recover from the party in breach of the contract damages for the actual loss or damage caused by the breach or such loss or damage which the contracting parties knew when they made the contract to be likely result from the breach. Section 537, Sub-section (2): If the parties to a contract, in anticipation, at the time of its formation specify a sum in the contract, which becomes payable for breach of the contract, the aggrieved party shall be entitled to recover a reasonable amount not in excess of that sum from the other party, pursuant to sub-section (1). Section 537, Sub-section (3): If the contract does not provide for compensation referred to in sub-section (2), the party claiming such compensation shall be entitled to recover a reasonable amount for the direct and actual loss or damage resulted from the breach of contract or for the breach of contract or for compensation. Provided that no compensation may be recovered for any indirect or remote loss or damage. Section 537, Sub-section (4): If a contract, which is concluded for the completion of any act within a fixed period, contains a provision that compensation as referred to in sub-section (2) is payable if such an act cannot be completed within that period, the party paying such compensation may request for the extension of the period for the completion of the contract in proportion to the amount of compensation paid by him or her. National Civil Code 2074
National Civil Code 2074

Section 537, Sub-section (5): The right of a party to a contract to seek other legal remedies for the breach of a contract shall not be deemed adversely affected merely by the reason that the amount of compensation has been paid pursuant to this Section. Section 538: Consequences of rescission or voidance of contract Section 538, Sub-section (1): If, after a party to a contract has already received some cash or kind or any other benefit from the other party or after the fulfillment of the obligations under the contract partially, the contract is rescinded by mutual consent of the parties and the performance of the contract is not required under this Part or other law, the contract is voided or declared to be void according to law or the contract becomes invalid or is rescinded under this Part, such cash, kind or service so received shall be returned upon having settled the accounts of the cash or kind given until the date of the contract being in force. Section 538, Sub-section (2): If any service or advantage other than cash or kind has been given pursuant to sub-section (1), the party receiving such service or advantage shall pay a reasonable amount to the other party in consideration for such service or benefit. Section 538, Sub-section (3): If it becomes necessary to institute legal action by the reason of failure to return the cash or kind or to pay the amount as referred to in sub-section (1), a reasonable expense incurred for that purpose may also be recovered. Section 539: Amount to be recovered in proportion to performed contract Section 539: (quantum meruit): If a contract is rescinded by the reason of its breach by any party or for any other reason, the aggrieved party may claim for the payment by the other party of amount under the contract in proportion to the work done or the performance of contract made by that party. Section 540: Specific performance of contract Section 540, Sub-section (1): If monetary compensation is not reasonable and adequate for the actual loss or damage suffered by the aggrieved party because of the breach of contract, the aggrieved party may claim for the specific performance of the contract instead of compensation. Section 540, Sub-section (2): Notwithstanding anything contained in sub-section (1), specific performance may not be claimed in any of the following circumstances: Section 540, Sub-section (2), Clause (a): If monetary compensation is an adequate remedy for the breach of contract, Section 540, Sub-section (2), Clause (b): If the court cannot supervise the performance of the act under the contract, Section 540, Sub-section (2), Clause (c): If the contract is for providing services of personal ability, skill or knowledge, Section 540, Sub-section (2), Clause (d): If the contract cannot specifically be performed, Section 540, Sub-section (2), Clause (e): If the party in breach of the contract claims for its specific performance. National Civil Code 2074
National Civil Code 2074

Section 541: Power of court to make order Section 541, Sub-section (1): If the performance of a contract is not possible because any party to the contract is about to perform any act or conduct which is contrary to the nature of the contract, the party aggrieved by such an action or a conduct may file a complaint in the court to prevent such an act or conduct. Section 541, Sub-section (2): If a complaint is filed pursuant to sub-section (1), the court may issue an appropriate order to any party to immediately stop his or her particular action or conduct, subject to the settlement of the dispute arising out of that contract in accordance with such a contract or law. Section 541, Sub-section (3): If an order is issued pursuant to sub-section (1), the aggrieved party shall be entitled to also recover additional loss or damage caused from the failure of the other party to comply with the order so issued. Section 542: Compensation to be ascertained in monetary value Section 542: Except as otherwise provided for in the contract, assessment of compensation for any loss or damage as referred to in this Chapter shall be ascertained in monetary value. Provided that Section 540 shall apply to the remedy under that Section. Section 543: Power of court to consider matters Section 543: While determining compensation arising from the breach of a contract, the court shall consider matters including whether the party has breached the contract intentionally or whether the non-performance has occurred due to recklessness and how much money or benefit might have been received by the innocent party to the contract had the contract not been breached. Section 544: Statute of limitation Section 544: A person who is aggrieved from an act done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. Section 545: Contract of sale of goods Section 545, Sub-section (1): A contract of sale of goods shall be deemed to have been made if any seller agrees to transfer the property in goods immediately or in the future to the buyer for a price. Explanation: For the purposes of this Chapter, the term “goods” means any kind of movable property capable of being purchased or sold other than currency in circulation for the time being, security or actionable claim. Section 545, Sub-section (2): A contract of sale of goods may be conditional or unconditional. Section 545, Sub-section (3): A contract may be concluded to sell the goods owned or possessed by the seller for the time being or those to be produced or acquired by the seller in the future. National Civil Code 2074
National Civil Code 2074

Section 546: Contract of sale of goods to be void Section 546: If a contract is concluded to sell any specific type of goods, which have already become damaged at the time of or before making of the contract, and the seller is not aware about that at the time of making of the contract, the contract shall be void. Explanation: For the purposes of this Section, the term “specific type of goods” means the specific goods mentioned in the contract at the time of making of the contract. Section 547: Determining price of goods Section 547, Sub-section (1): Except as otherwise provided for in the contract, the price of goods shall be determined in the manner agreed upon in the contract under the terms and conditions of the contract, or by the course of dealing between the parties. Section 547, Sub-section (2): If the price of goods is determined according to their weight and measurement, the price of goods shall be determined on the basis of the net weight and measurement of such goods, except as otherwise provided for in the contract. Section 547, Sub-section (3): If the price of goods cannot be determined under sub- section (1) or (2), the buyer shall pay the seller a reasonable price, taking into account the relevant circumstances. Section 548: Payment of price of goods Section 548, Sub-section (1): Except as otherwise provided for in the contract, the price of goods shall be paid as follows in any of the following circumstances: Section 548, Sub-section (1), Clause (a): The price of goods to be paid by the buyer to the seller, at the time of the purchase of goods by the buyer, Section 548, Sub-section (1), Clause (b): At the time of the transfer of the goods. Section 548, Sub-section (2): While making payment of the price of goods pursuant to sub-section (1), it shall be paid in cash. Explanation: For the purposes of this Section, the term “cash” includes a cheque, traveler's cheque, promissory note, bill of exchange, letter of credit, bank draft, credit card and telegraphic transfer, payable through bank. Section 549: Description of goods Section 549, Sub-section (1): If a contract specifies the name, brand, trademark or specification of any goods to be sold, the contract shall be deemed to have been concluded for the sale of the goods corresponding to that name, brand, trademark or specification. Section 549, Sub-section (2): If a contract specifies the name, brand, trademark or specification and the sample of goods to be sold, the bulk of such goods shall correspond not only to the sample but also to the name, brand, trademark or specification specified in the contract. National Civil Code 2074
National Civil Code 2074

Section 550: Condition as to title to goods to be sold Section 550, Sub-section (1): Except as otherwise provided for in the contract, it shall be deemed that, in the case of a sale of goods, the seller has the title to the goods sold or, in the case of an agreement to sell the goods in the future, the seller has or will have the title to the goods to be sold, and that such goods are free from custody, control or possession by any other person. Section 550, Sub-section (2): Except as otherwise provided for in the contract, the seller shall be deemed to have the right to sell the goods sold or to be sold. Section 551: Condition as to quality of goods Section 551, Sub-section (1): Except as otherwise provided for in the contract, the goods sold or to be sold shall be deemed to be of satisfactory quality. Section 551, Sub-section (2): If any goods sold or to be sold for any particular purpose are fit for that purpose, the goods sold or to be sold shall be considered to be of satisfactory quality. Section 551, Sub-section (3): Notwithstanding anything contained in sub-section (2), if the contract itself specifies any defects of such goods or if the buyer has already knew such defects before the conclusion of the contract or while inspecting the goods, such goods shall not be deemed to be of unsatisfactory quality. Section 551, Sub-section (4): If the quality of any particular goods is specified in the contract, the goods shall correspond to that quality, and if no quality is so specified, the goods shall be of the quality according to the prevalent standards. Section 551, Sub-section (5): Except as otherwise provided for in the contract, the seller shall not be deemed to have warranted that the goods sold or to be sold are of a particular quality. Section 552: Right to accept or reject goods of different quantity Section 552, Sub-section (1): If the seller tenders to deliver to the buyer the goods of different quality than that specified in the contract, the buyer has the right to accept and take delivery of the goods in whole, to reject the whole or to accept any part and reject the rest of the goods. Section 552, Sub-section (2): If any goods are rejected in whole or in part pursuant to sub-section (1), the buyer may give a notice to the seller to either deliver other goods instead of such goods or where the quality of such goods could be improved, to improve the quality of such goods. Section 552, Sub-section (3): If a notice is given pursuant to sub-section (2), the seller shall deliver the other goods instead of such goods or improve the quality thereof, according to the notice given by the buyer or mutual understanding reached between them. National Civil Code 2074