CONTENTS
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Sections
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Particulars
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Preamble
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Preliminary
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1
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Short title
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2
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Interpretation clause
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Chapter I
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Of the communication, acceptance and revocation of proposals
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3
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Communication, acceptance and revocation of proposals
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4
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Communication when complete
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5
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Revocation of proposals and acceptances
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6
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Revocation how made
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7
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Acceptance must be absolute
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8
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Acceptance by performing conditions, or receiving consideration
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9
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Promises, express or implied
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Chapter II
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Of contracts, violable contracts and void agreements
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10
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What agreements are contracts
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11
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Who are competent to contract
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12
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What is a sound mind for the purposes of contracting
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13
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"Consent" defined
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14
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"Free consent" defined
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15
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"Coercion" defined
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16
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"Undue influence" defined
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17
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"Fraud" defined
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18
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"Misrepresentation" defined
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19
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Voidability of agreements without free consent
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19A
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Power to set aside contract induced by undue influence
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20
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Agreement void where both parties are under mistake as to matter of fact
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21
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Effect of mistakes as to law
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22
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Contract caused by mistake of one party as to matter of fact
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23
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What considerations and objects are lawful, and what not
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24
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Agreements void, if consideration and objects unlawful in part
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25
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Agreement without consideration void, unless it is in writing and registered, or is a promise to compensation for something done, or is a promise to pay a debt barred by limitation law
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26
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Agreement in restraint of marriage void
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27
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Agreement in restraint of trade void
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28
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Agreements in restraint of legal proceedings void
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29
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Agreement void for uncertainty
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30
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Agreements by way of wager, void
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Chapter III
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Of contingent contracts
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31
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"Contingent contract" defined
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32
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Enforcement of contracts contingent on an event happening
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33
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Enforcement of contracts contingent on an event not happening
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34
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When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
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35
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When contracts become void, which are contingent on happening of specified event within fixed time
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36
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Agreements contingent on impossible events, void
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Chapter IV
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Of the performance of contracts Contracts which must be performed
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37
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Obligation of parties to contracts
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38
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Effect of refusal to accept offer of performance
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39
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Effect of refusal of party to perform promise wholly
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40
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Person by whom promise is to be performed
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41
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Effect of accepting performance from third person
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42
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Devolution of joint liabilities
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43
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Any one of joint promisors may be compelled to perform
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44
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Effect of release of one joint promisor
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45
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Devolution of joint rights
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46
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Time for performance of promise, where no application is to be made and no time is specified
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47
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Time and place for performance of promise, where time is specified and no application to be made
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48
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Application for performance on certain day to be at proper time and place
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49
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Place for performance of promise, where no application to be made and no place fixed for performance
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50
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Performance in manner or at time prescribed or sanctioned by promisee
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51
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Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
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52
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Order of performance of reciprocal promises
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53
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Liability of party preventing event on which contract is to take effect
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54
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Effect of default as to taht promise which should be first performed, in contract consisting of reciprocal promises
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55
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Effect of failure to perform at fixed time, in contract in which time is essential
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56
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Agreement to do impossible act
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57
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Reciprocal promise to do things legal and also other things illegal
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58
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Alternative promise, one brach being illegal
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59
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Application of payment where debt to be discharged is indicated
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60
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Application of payment where debt to be discharged is not indicated
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61
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Application of payment neither party appropriates
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62
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Effect of novation, rescission and alteration of contract
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63
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Promisee may dispense with or remit performance of promise
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64
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Consequences of rescission of voidable contract
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65
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Obligation of person who has received advantage under void agreement, or contract that becomes void
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66
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Mode of communicating or revoking recission of voidable contract
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67
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Effect of neglect of promisee to afford promisor reasonable facilities for performance
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Chapter V
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Of certain relations resembling those created by contract
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68
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Claim for necessaries supplied to person incapable of contracting, or on his account
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69
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Reimburesement of person paying money due by another, in payment of which he is interested
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70
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Obligation of person enjoying benefit of non-grauitous act
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71
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Responsibility of finder of goods
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72
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Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
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Chapter VI
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Of the consequences of breach of contract
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73
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Compensation for loss or damage caused by breach of contract
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74
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Compensation for breach of contract where penalty stipulated for
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75
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Party rightfully rescinding contract entitled to compensation
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Chapter VII
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Sale of goods
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76 to 123
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Repealed
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Chapter VIII
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Of indemnity and guarantee
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124
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"Contract of indemnity" defined
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125
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Rights of indemnity-holder when sued
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126
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"Contract of guarantee", "surety", principal debtor" and "Creditor"
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127
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Consideration for guarantee
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128
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Surety's liability
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129
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"Continuing guarantee"
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130
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Revocation of continuing guarantee
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131
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Revocation of continuing guarantee by surety's death
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132
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Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety in other's default
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133
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Discharge of surety by variance in terms of contract
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134
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Discharge of surety by release of discharge of principal debtor
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135
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Discharge of surety shen cerditor compounds with, gives time to, or agrees not to sue principal debtor
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136
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Surety not discharged when agreement made with third person to give time to principal debtor
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137
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Creditor's forbearance to sue does not discharge surety
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138
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Release of one co-surety does not discharge others
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139
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Discharge of surety by creditor's act or omission impairing surety's eventual remedy
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140
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Rights of surety on payment or performance
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141
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Surety's right to benefit of creditor's securities
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142
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Guarantee obtaiend by misrepresentation, invalid
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143
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Guarantee obtained by concealment, invalid
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144
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Guarantee on contract that creditor shall not act on it until co-sureties joins
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145
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Implied promise to indemnify surety
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146
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Co-sureties liable to contribute equally
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147
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Liability of co-sureties bound in different sums
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Chapter IX
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Of bailment
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148
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"Bailment", "bailor" and "bailee" defined
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149
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Delivery to bailee how made
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150
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Bailor's duty to disclose faults in goods bailed
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151
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Care to be taken by bailee
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152
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Bailee when not liable for loss, etc. of thing bailed
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153
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Termination of bailment by bailee's act inconsistent with conditions
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154
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Liability of bailee making unauthorized use of goods bailed
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155
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Effect of mixture, with bailor's consent, of his goods with bailee's
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156
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Effect of mixture, without bailor's consent when the goods can be separated
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157
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Effect of mixture, without bailor's consent, when the goods cannot be separated
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158
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Repayment, by bailor, of necessary expenses
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159
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Restoration of goods bailed, on expiration of time or accomplishment of purpose
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160
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Return of goods bailed, on expiration of time or accomplishment of purpose
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161
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Bailee's responsibility when goods are not duly returned
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162
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Termination of gratuitours bailment by death
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163
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Bailor entitled to increase or profit from goods bailed
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164
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Bailor's responsibility to bailee
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165
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Bailment by several joint owners
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166
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Bailee not responsible on re-delivery to bailor without title
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167
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Right of third person claiming goods bailed
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168
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Right of finder of goods may sue for specific reward offered
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169
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When Finder of thing commonly on sale may sell it
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170
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Bailee's particular lien
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171
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General lien of bankers, factors, wharfingers, attorneys, and policy brokers
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172
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"Pledge", "pownor" and "pawnee" defined
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173
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Pawnee's right of retainer
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174
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Pawnee not to retain for debt or promise other than that for which goods pledged: Presumption in case of subsequent advances
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175
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Pawnee's right to extraordinary expenses incurred
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176
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Pawnee's right where pawnor makes default
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177
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Defaulting pawnor's right to redeem
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178
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Pledge by mercantile agent
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178A
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Pledge by person in possession under voidable contract
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179
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Pledge where pawnor has only a limited interest suits by bailors against wrong-doers
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180
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Suit by bailor or bailee against wrong-doer
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181
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Apportionment of relief or compensation obtained by such suits
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Chapter X
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Agency, Appointment and authority of agents
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182
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"Agent" and "Principal" defined
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183
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Who may employ agent
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184
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Who may be an agent
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185
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Consideration not necessary
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186
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Agent's authority may be expressed or implied
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187
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Definitions of express and implied authority
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188
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Extent of agent's authority
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189
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Agent's authority in an emergency
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190
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When agent cannot delegate
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191
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"Sub-agent" defined
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192
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Representation of principal by sub-agent properly appointed
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193
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Agent's responsibility for sub-agent appointed without authority
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194
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Relation between principal and person duly appointed by agent to act in business of agency
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195
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Agent's duty in naming such person
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196
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Right of person as to acts done for him without his authority: effect of ratification
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197
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Ratification may be expressed or implied
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198
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Knowledge requisite for valid ratification
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199
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Effect of ratifying unauthorized act forming part of transaction
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200
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Ratification of unauthorized act cannot injure third person
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201
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Termination of agency
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202
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Termination of agency, where agent has an interest in subject-matter
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203
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When principal may revoke agent's authority
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204
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Revocation where authority has been partly exercised
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205
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Compensation for revocation by principal, or renunciation by agent
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206
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Notice of revocation or renunciation
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207
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Revocation and renunciation may be expressed or implied
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208
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When termination of agent's authority takes effect as to agent, and as to third persons
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209
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Agent's duty on termination of agency by principal's death or insanity
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210
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Termination of sub-agent's authority
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211
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Agent's duty in conducting principal's business
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212
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Skill and diligence required from agent
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213
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Agent's accounts
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214
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Agent's duty to communicate with principal
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215
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Right of principal when agent deals, on his own account, in business of agency without principal's consent
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216
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Principal's right to benefit gained by agent dealing on his own account in business of agency
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217
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Agent's right of retainer out of sums received on principal's account
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218
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Agent's duty to pay sums received for principal
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219
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When agent's remuneration becomes due
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220
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Agent not entitled to remuneration for business misconducted
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221
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Agent's lien on principal's property
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222
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Agent to be indemnified against consequences of lawful acts
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223
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Agent to be indemnified against consequences of acts done in good faith
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224
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Non-liability of employer of agent to do a criminal act
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225
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Compensation to agent for for injury caused by principal's neglect
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226
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Enforcement and consequences of agent's contracts
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227
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Principal how far bound, when agent exceeds authority
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228
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Principal not bound when excess of agent's authority is not separable
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229
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Consequences of notice given to agent
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230
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Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
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231
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Rights of parties to a contract made by agent not disclosed
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232
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Performance of contract with agent supposed to be principal
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233
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Right of person dealing with agent personally liable
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234
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Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
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235
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Liability of pretended agent
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236
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Person falsely contracting as agent, not entitled to performance
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237
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Liability of principal inducing belief that agent's unauthorised acts were authorised
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238
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Effect, on agreement, of misrepresentation or fraud by agent
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Chapter XI
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Of partnership
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239 to 266
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Repealed
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Schedule
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Repealed
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