Section 9 in The Indian Contract Act, 1872
Title: Promises, express and implied.
In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Title: What agreements are contracts.
All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in 1India and not hereby expressly repealed by which any contract is required to be made in writing2 or in the presence of witnesses, or any law relating to the registration of documents.
1. Subs. by Act 3 of 1951, s. 3 and Sch., for "Part A States and Part C States" which had been subs. by the A.O. 1950, for the Provinces.
2. See e.g., s. 25, infra; the Copyright Act, 1957 (14 of 1957), s. 19; the Carriers Act, 1865 (3 of 1865), ss. 6 and 7; the Companies Act, 1956 (1 of 1956), ss. 12, 30, 46 and 109.
Title: Who are competent to contract.
Every person is competent to contract who is of the age of majority according to the law to which he is subject1, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.
1. See the Indian Majority Act, 1875 (9 of 1875).
Title: What is a sound mind for the purposes of contracting.
A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.
(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
Title: "Consent" defined.
Two or more persons are said to consent when they agree upon the same thing in the same sense.