yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 523: Time and manner for performance of contract:
Subsection (2)
(1) If a contract If a contract does not specify the time or manner for the performance of an act under the contract but the act can be performed only at any specific time or only in a specific manner, the contract shall be deemed to have been so concluded that the act has to be performed at that time and in that manner.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 523: Time and manner for performance of contract:
Subsection (3)
(1) If a contract If, except in the circumstance under sub-section (2), a contract does not specify the time and manner for its performance, the contract shall be performed within a reasonable time and in a reasonable manner.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 524: Place for performance of contract:
(1) If a contract specifies any particular place for the performance of any act, that act shall be performed at such a place.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 524: Place for performance of contract:
Subsection (2)
(1) If a contract specifies any If, any party is required by a contract to hand over or deliver any goods to the other party and the contract does not specify the place for such hand-over or delivery of the goods, the contract shall be deemed to have been so concluded that the goods have to be delivered or handed over at the place where such goods are located.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 524: Place for performance of contract:
Subsection (3)
(1) If a contract specifies any If a contract does not specify a particular place for the performance of an act but the act can be performed only at a particular place or has to be performed in any particular place 294 having regard to practice or usage or nature of the act, the contract shall be deemed to have been so concluded that the act has to be performed at that place.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 524: Place for performance of contract:
Subsection (4)
(1) If a contract specifies any In any case other than those referred to in sub-sections
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 524: Place for performance of contract:
Subsection (2)
(1) If a contract specifies any and (3), if a contract does not specify the place for the performance of an act, the party performing the act according to the contract shall notify the other party to specify a reasonable place for the performance of the act, and the other party shall specify a reasonable place for the performance of the act.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 525: Performance of contract deemed to be delayed:
(1) If a contract so made as to be performed at a particular time is not performed at or within such time, the performance of contract shall be deemed to have been be delayed.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 525: Performance of contract deemed to be delayed:
Subsection (2)
(1) If a contract If the contract under sub-section (1) can be performed even after such time, one party of the contract may notify the other party to perform the contract, having given a reasonable time.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 525: Performance of contract deemed to be delayed:
Subsection (3)
(1) If a contract If a notice is given pursuant to sub-section (2), the other party shall perform the contract accordingly, and may claim for compensation for any loss or damage caused in consequence of the delayed performance of the contract.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 525: Performance of contract deemed to be delayed:
Subsection (4)
(1) If a contract If a contract is not performed pursuant to sub-section
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 525: Performance of contract deemed to be delayed:
Subsection (3)
(1) If a contract , the party giving such a notice may rescind the contract.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 526: Time to be considered as essence of contract:
(1) If the the purpose or objective of a contract cannot be achieved, in case of non-performance of the contract within a particular day, time or period, having regard to the nature of the contract or intention 295 shown by the parties at time of its conclusion, the time for the performance of such a contract shall be considered to be the essence of the contract.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 526: Time to be considered as essence of contract:
Subsection (2)
(1) If the the If either party of a contract does not perform the contract under sub-section (1) within such a day, time or period, such a contract shall be deemed to have been breached and the other party may rescind the contract immediately.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 527: Circumstances where a contract needs not be performed: In any
of the following circumstances, it is not necessary to perform any act under, or perform, a contract: (a) If either party to a contract waives the other party from fulfilling the obligation under the contract, (b) If a voidable contract is voided by the party entitled to do so, (c) If the contract cannot be performed for the reason of its breach by the other party, (d) If it is not necessary to perform the act under the contract by operation of any provision of this Part, (e) If a contract which is unenforceable according to Section 531.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 528: Assignment of rights and liabilities under a contract: If any
party to a contract dies or becomes insane, the rights accruing from the contract shall devolve on to the heir succeeding the property of such a party to the contract, and the heir himself or herself shall also bear the obligations to the extent of the property succeeded by him or her. 296 Provided that the rights and obligations accruing on the basis of personal skill and qualification shall not devolve on to such an heir.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
(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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (2)
(1) Except in cases where a The following terms and conditions shall be fulfilled in order to transfer rights and obligations under a contract pursuant to sub-section (1): (a) Unless the contract otherwise provides for, the transfer shall be in written form, (b) The transfer shall be unconditional, (c) The transfer of rights or obligations is not prohibited by law or the contract, (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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (3)
(1) Except in cases where a 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. 297
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (4)
(1) Except in cases where a 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (5)
(1) Except in cases where a 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
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (4)
(1) Except in cases where a .
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 529: Party who must perform contract:
Subsection (6)
(1) Except in cases where a 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 530: Only the parties to contract can demand its performance:
(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 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 530: Only the parties to contract can demand its performance:
Subsection (2)
(1) 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
circumstances: (1) If it becomes impossible to perform a contract 298 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
Subsection (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: (a) If the contract becomes illegal and thereby it cannot be performed, (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, (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, (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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
Subsection (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: 299 (a) If the performance of the contract has become difficult, (b) If the performance of the contract results in less profit or in loss, (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, (d) In the event of a strike or lockout, (e) If additional tax, fee or other revenue is required to be paid, (f) If a contract is concluded with more than one object and some of the objects cannot be fulfilled.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
Subsection (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 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
Subsection (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: (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, 300 (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. (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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 531: Discharge of contracts in the event of fundamental changes in
Subsection (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).
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 532: Facilities to be provided:
(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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 532: Facilities to be provided:
Subsection (2)
(1) The parties to a contract shall 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 533: Contract may be suspended or altered:
(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 301 the act specified in the contract or make a new contract in substitution for the original contract.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 533: Contract may be suspended or altered:
Subsection (2)
(1) The parties to a 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 533: Contract may be suspended or altered:
Subsection (3)
(1) The parties to a 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.
National Civil Code 2017
Part-5
Chapter-4: Provisions Relating to Performance of Contracts
Section 534: Statute of limitation: 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. 302
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 535: Breach of contract deemed to occur:
(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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 535: Breach of contract deemed to occur:
Subsection (2)
(1) If any party to a contract 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 535: Breach of contract deemed to occur:
Subsection (3)
(1) If any party to a contract 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 536: Indivisible nature of the authority to rescind contract: 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 537: Compensation for breach of contract:
(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 303 damage which the contracting parties knew when they made the contract to be likely result from the breach.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 537: Compensation for breach of contract:
Subsection (2)
(1) In the case of breach of 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).
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 537: Compensation for breach of contract:
Subsection (3)
(1) In the case of breach of 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 537: Compensation for breach of contract:
Subsection (4)
(1) In the case of breach of 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 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 537: Compensation for breach of contract:
Subsection (5)
(1) In the case of breach of 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. 304
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 538: Consequences of rescission or voidance of contract:
(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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 538: Consequences of rescission or voidance of contract:
Subsection (2)
(1) If, after a 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 538: Consequences of rescission or voidance of contract:
Subsection (3)
(1) If, after a 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 539: Amount to be recovered in proportion to performed contract
(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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 540: Specific performance of contract:
(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, 305 the aggrieved party may claim for the specific performance of the contract instead of compensation.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 540: Specific performance of contract:
Subsection (2)
(1) If monetary compensation Notwithstanding anything contained in sub-section (1), specific performance may not be claimed in any of the following circumstances: (a) If monetary compensation is an adequate remedy for the breach of contract, (b) If the court cannot supervise the performance of the act under the contract, (c) If the contract is for providing services of personal ability, skill or knowledge, (d) If the contract cannot specifically be performed, (e) If the party in breach of the contract claims for its specific performance.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 541: Power of court to make order:
(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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 541: Power of court to make order:
Subsection (2)
(1) If the performance of a contract 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. 306
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 541: Power of court to make order:
Subsection (3)
(1) If the performance of a contract 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 542: Compensation to be ascertained in monetary value: 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 543: Power of court to consider matters: 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.
National Civil Code 2017
Part-5
Chapter-5: Provisions Relating to Breach of Contract and Remedies
Section 544: Statute of limitation: 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. 307
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 545: Contract of sale of goods:
(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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 545: Contract of sale of goods:
Subsection (2)
(1) A contract of sale of goods shall be A contract of sale of goods may be conditional or unconditional.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 545: Contract of sale of goods:
Subsection (3)
(1) A contract of sale of goods shall be 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 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 546: Contract of sale of goods to be void: 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 547: Determining price of goods:
(1) Except as otherwise provided for in the contract, the price of goods shall be determined in the manner 308 agreed upon in the contract under the terms and conditions of the contract, or by the course of dealing between the parties.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 547: Determining price of goods:
Subsection (2)
(1) Except as otherwise provided for 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 547: Determining price of goods:
Subsection (3)
(1) Except as otherwise provided for If the price of goods cannot be determined under subsection (1) or (2), the buyer shall pay the seller a reasonable price, taking into account the relevant circumstances.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 548: Payment of price of goods:
(1) Except as otherwise provided for in the contract, the price of goods shall be paid as follows in any of the following circumstances: (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, (b) At the time of the transfer of the goods.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 548: Payment of price of goods:
Subsection (2)
(1) Except as otherwise provided for in 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 549: Description of goods:
(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. 309
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 549: Description of goods:
Subsection (2)
(1) If a contract specifies the name, brand, 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 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 550: Condition as to title to goods to be sold:
(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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 550: Condition as to title to goods to be sold:
Subsection (2)
(1) Except as otherwise 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 551: Condition as to quality of goods:
(1) Except as otherwise provided for in the contract, the goods sold or to be sold shall be deemed to be of satisfactory quality.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 551: Condition as to quality of goods:
Subsection (2)
(1) Except as otherwise provided 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 551: Condition as to quality of goods:
Subsection (3)
(1) Except as otherwise provided 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 551: Condition as to quality of goods:
Subsection (4)
(1) Except as otherwise provided If the quality of any particular goods is specified in the contract, the goods shall correspond to that quality, and if no 310 quality is so specified, the goods shall be of the quality according to the prevalent standards.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 551: Condition as to quality of goods:
Subsection (5)
(1) Except as otherwise provided 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 552: Right to accept or reject goods of different quantity:
(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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 552: Right to accept or reject goods of different quantity:
Subsection (2)
(1) If the 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.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 552: Right to accept or reject goods of different quantity:
Subsection (3)
(1) If the 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 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 553: Deemed to be contract for sale by sample:
(1) If a provision has been made in a contract to sell goods upon inspection of their samples directly or indirectly a contract of sale of goods is deemed to be a contract for the sale of goods upon inspecting sample.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 553: Deemed to be contract for sale by sample:
Subsection (2)
(1) If a provision has If a contract is concluded for the sale of goods by sample, the contract shall be deemed to contain the following conditions, except as otherwise provided for in the contract: 311 (a) The bulk of the goods shall correspond to the sample in quality, (b) The buyer shall have a reasonable opportunity of comparing 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 such goods appear to be of satisfactory quality, apparent on comparing them with the sample.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 554: Provisions relating to transfer of ownership of goods:
(1) If there is a contract for the sale of any specific or certain goods, the transfer of such goods shall be made as provided for in the contract, and failing such provision in the contract, the transfer shall be made according to the terms and conditions of the contract, intention of the parties, ascertained by having regard the conduct of the parties, and the relevant circumstances.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 554: Provisions relating to transfer of ownership of goods:
Subsection (2)
(1) If there Except as otherwise provided for in the contract, if a contract is concluded for the sale of any specific goods in a deliverable state, the parties shall be deemed to have the intention of transferring them when the contract is concluded or upon payment of the price of the goods.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 554: Provisions relating to transfer of ownership of goods:
Subsection (3)
(1) If there If a contract is concluded for the sale of any specific goods in a deliverable state and the buyer has to take measurement, weight, make examination of the goods or to perform some acts to determine the price of such goods, such goods shall not be 312 transferred until the buyer performs such acts and gives information thereof to the buyer within a reasonable time.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 554: Provisions relating to transfer of ownership of goods:
Subsection (4)
(1) If there Except as otherwise provided for in the contract, a contract shall be deemed to have been concluded so that the goods sold or to be sold shall be transferred in the place where such goods are situated.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 554: Provisions relating to transfer of ownership of goods:
Subsection (5)
(1) If there Except as otherwise provided for in the contract, the buyer shall be deemed to have the title or ownership of the goods at the time of the transfer of the goods to the buyer.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 555: To bear risks:
(1) Except as otherwise provided for in the contract, the seller shall bear the risk of any loss or damage to the goods until such goods are transferred to the buyer.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 555: To bear risks:
Subsection (2)
(1) Except as otherwise provided for in the contract, If the transfer of goods has been delayed due to the fault of either the buyer or the seller, the party who has caused such delay shall bear the risk of loss or damage under sub-section (1).
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 555: To bear risks:
Subsection (3)
(1) Except as otherwise provided for in the contract, If the seller agrees to deliver the goods from the place of purchase to the place specified by the buyer, the seller shall bear the risk of any loss or damage to the goods, except as otherwise provided for in the contract.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 556: Right of buyer to ascertain goods: If the delivery of the goods
sold is tendered to the buyer, the buyer shall have a reasonable opportunity to examine and ascertain whether or not the goods conform to the contract and the buyer shall not be deemed to have been accepted the delivery of the goods until the buyer so ascertains.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 557: Goods deemed to be accepted: The buyer shall be deemed to have
accepted the goods in any of the following circumstances: 313 (a) If the buyer or his or her agent receives the goods, (b) If a receipt or slip is issued having acknowledged the delivery of the goods, (c) If the buyer stores the goods having ascertained, pursuant to Section 556, that the goods conform to the contract, (d) If the goods reach the buyer and the buyer does not inform the seller within reasonable time that he or she has rejected the goods and retains the goods with him or her. (e) If the buyer does any act proving that he or she has ownership in and control over such goods.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 558: Time for delivery of goods:
(1) If the contract provides that goods have to be delivered at any specific time or within any specified period, the seller shall deliver the goods to the buyer at that time or within that period.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 558: Time for delivery of goods:
Subsection (2)
(1) If the contract provides that goods Notwithstanding anything contained in sub-section (1), if the buyer accepts the goods delivered by the seller before or after the time or period specified in the contract, the seller shall be deemed to have delivered the goods.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 559: Documents concerning sold goods to be handed over: Except as
otherwise provided for in the contract, the goods are delivered but such basic documents as are related to the ownership of the goods or required for their use are not handed over, the ownership of the goods shall not be deemed to have been transferred. 314
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 560: Not to deliver of goods in quantity different from quantity
specified in contract: (1) If the seller delivers to the buyer a quantity of goods less than the quantity specified in the contract, the buyer may reject the goods. Provided that if the buyer accepts the goods even in such quantity, the buyer shall pay the price of that quantity at the rate specified in the contract.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 560: Not to deliver of goods in quantity different from quantity
Subsection (2)
If the seller delivers to the buyer a quantity of goods larger than the quantity specified in the contract, the buyer may accept the goods only in the quantity specified in the contract, and reject the rest or the whole quantity of goods. Provided that if the buyer accepts the whole quantity of goods so delivered, the buyer shall pay for the whole at the rate specified in the contract.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 560: Not to deliver of goods in quantity different from quantity
Subsection (3)
If the seller delivers to the buyer the goods mixed with goods of a description different than specified in the contract, the buyer may accept the goods specified in the contract and reject the rest or the goods in whole.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 560: Not to deliver of goods in quantity different from quantity
Subsection (4)
Except as otherwise provided for in the contract, the buyer shall not be bound to accept the delivery of goods in installments.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 560: Not to deliver of goods in quantity different from quantity
Subsection (5)
Except as otherwise provided for in the contract, if the buyer rejects the goods tendered by the seller for delivery, the buyer shall not be bound to return them to the seller. 315 Provided that the buyer shall give a notice of rejection, along with the reason for the same, to the seller through fastest means of communication.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 561: Special provisions relating to compensation: Notwithstanding
anything contained elsewhere in this Part, the following provisions shall apply to compensation for a contract under this Chapter: (a) If the buyer does not accept or rejects the goods or refuses to pay the price of the goods after the making of a contract of 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, (b) While determining compensation under clause (a), if the goods which the buyer has not accepted or has refused to accept are available in the market, compensation shall be determined on the basis of the difference between the price of the goods specified in the contract and the market or prevalent price of the goods, (c) If the seller does not deliver or refuses to deliver the goods according to the contract for the sale of goods, the buyer may claim compensation from the seller for his or her failure to deliver the goods, (d) While determining compensation under clause (c), if the goods which the seller has refused or failed to deliver to the buyer are available in the market, 316 compensation shall be determined on the basis of difference between the price of the goods specified in the contract and the market or prevalent price of the goods.
National Civil Code 2017
Part-5
Chapter-6: Provisions Relating to Contract of Sale of Goods
Section 562: Statute of limitation: 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. 317
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 563: Contract of guarantee deemed to be made:
(1) If a contract is concluded under which a third party undertakes to repay the loan borrowed by or discharge the liability promised by a person in case of that person's default, a contract of guarantee shall be deemed to be concluded.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 563: Contract of guarantee deemed to be made:
Subsection (2)
(1) If a contract is If a third party gives the guarantee pursuant to subsection (1) and the person bound to repay the loan or discharge the liability fails to repay or discharge such loan or liability, the person giving the guarantee (the surety) to such loan or liability shall repay the loan or discharge the liability according to the terms and conditions of the contract.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 563: Contract of guarantee deemed to be made:
Subsection (3)
(1) If a contract is The terms and conditions of guarantee shall be as determined in the contract.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 563: Contract of guarantee deemed to be made:
Subsection (4)
(1) If a contract is A contract of guarantee shall be made in written form.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 564: Surety's obligation:
(1) Except as otherwise provided for in the contract, the surety's obligation shall be as follows: (a) Obligation of the surety shall arise at the time when the debtor fails to discharge the obligation to be discharged by him or her. (b) Obligation of the surety shall be the same as the obligation of the debtor who has to repay the loan or discharge the obligation, and the surety shall remain 318 liable until the debtor becomes free from the obligation to repay or discharge. (c) Obligation of the surety shall not be discharged merely because the principal debtor becomes free from the obligation by operation of law.