Section 9 of Indian Contract Act

9. 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.

MCQs Based on Section 9 of the Indian Contract Act, 1872

1. What does Section 9 of the Indian Contract Act, 1872 deal with?

A. Communication of offer and acceptance
B. Consideration for a contract
C. Express and implied promises
D. Revocation of offers

Correct Answer: C. Express and implied promises
Explanation: Section 9 specifically defines when a promise is considered express or implied, based on how offer and acceptance are made.

2. When is a promise said to be “express” under Section 9?

A. When it is made through conduct
B. When it is made silently
C. When it is made in words, spoken or written
D. When it is assumed by law

Correct Answer: C. When it is made in words, spoken or written
Explanation: If the proposal or acceptance is made using clear words (spoken or written), it is considered an express promise.

3. What is an “implied promise” according to Section 9 of the Indian Contract Act?

A. A promise stated clearly in writing
B. A promise made by law
C. A promise formed by actions or conduct without words
D. A promise that is made in court

Correct Answer: C. A promise formed by actions or conduct without words
Explanation: When proposal or acceptance is made otherwise than in words, it is an implied promise—understood from behaviour or circumstances.

4. Which of the following is an example of an implied promise?

A. Signing a written agreement
B. Verbally agreeing to rent a flat
C. Shaking hands and exchanging money for goods without saying a word
D. Sending a formal email of acceptance

Correct Answer: C. Shaking hands and exchanging money for goods without saying a word
Explanation: The action shows agreement, though no words were used. This is a classic implied promise.

5. A customer enters a restaurant, sits down, and orders food. Which type of promise is created here?

A. Void promise
B. Express promise
C. Implied promise
D. Conditional promise

Correct Answer: C. Implied promise
Explanation: Though nothing may be said, the act of ordering and accepting service implies a promise to pay.

6. Express and Implied Promises are mentioned in which of the following sections of the Indian Contract Act?

A. Section 8
B. Section 10
C. Section 9
D. Section 11

Correct Answer: C. Section 9
Explanation: Section 9 defines express and implied promises clearly in the Indian Contract Act.

7. Which of the following statements is TRUE about express promises?

A. They are always oral.
B. They must be made in writing only.
C. They are made in words, either spoken or written.
D. They are created by conduct or behaviour.

Correct Answer: C. They are made in words, either spoken or written.
Explanation: Express promises include both spoken and written words.

8. If a person boards a public bus and takes a seat without speaking, it is an example of:

A. Void agreement
B. Express contract
C. Implied contract
D. Illegal contract

Correct Answer: C. Implied contract
Explanation: By boarding the bus, it is implied that the person agrees to pay the fare.

9. The legal recognition of implied promises shows that the law:

A. Only considers written agreements
B. Requires verbal communication
C. Recognizes conduct as valid for forming contracts
D. Does not allow non-verbal agreements

Correct Answer: C. Recognizes conduct as valid for forming contracts
Explanation: The law accepts conduct and behaviour as valid ways of forming a legally binding promise.

10. A person enters a taxi and tells the driver to go to a certain location. The driver nods and starts driving. What kind of promise is this?

A. Only express
B. Only implied
C. Partly express and partly implied
D. Invalid promise

Correct Answer: C. Partly express and partly implied
Explanation: The instruction is express, while the driver’s nod and act of driving form implied acceptance.

Section 9: Condition-Based Practice Questions

Question 1:

Condition: A promise is made using clear written words in a signed document.

Question: Under Section 9 of the Indian Contract Act, 1872, what kind of promise is this?

Answer: This is an express promise, as the proposal and acceptance are made in words (written form). According to Section 9, when words (spoken or written) are used to make or accept a proposal, the promise is said to be express.

Question 2:

Condition: A person enters a barber shop, sits on the chair, and the barber starts cutting his hair without any verbal discussion.

Question: Is there a valid promise under Section 9? If yes, what kind?

Answer: Yes, there is a valid implied promise. The customer’s conduct (sitting on the chair) implies acceptance of the service, and the barber’s action implies agreement to provide the service. Under Section 9, this is considered an implied promise, as it is made otherwise than in words.

Question 3:

Condition: The proposal is communicated through a phone call and accepted immediately over the same call.

Question: What kind of promise is created under Section 9?

Answer: This is an express promise. Since the proposal and acceptance are made in spoken words, it qualifies as an express promise as per Section 9 of the Indian Contract Act.

Section 9: Problem-Based Practice Questions

Problem 1:

Anita goes to a self-service tea stall. She picks a cup, pours tea, drinks it, and leaves money on the counter. There is no verbal communication between Anita and the shopkeeper.

Question: Is there a valid promise between Anita and the shopkeeper under Section 9? If so, what type?

Answer: Yes, there is a valid implied promise. Anita’s actions (pouring and drinking tea) and leaving money indicate her acceptance of the service and agreement to pay. The shopkeeper’s arrangement of the self-service system shows implied willingness to serve. Hence, this is an implied promise, enforceable under Section 9.

Problem 2:

Rohan sends an email to Meena offering to sell his old laptop for ₹20,000. Meena replies via email, “I accept your offer. Please send the bank details.”

Question: What kind of promise is this under Section 9?

Answer: This is an express promise. Both the proposal and acceptance are made in written words via email, which clearly falls under express promise as defined in Section 9 of the Indian Contract Act.

Problem 3:

A person enters a parking lot, sees a board saying “₹50 per hour,” and parks his car without speaking to anyone. After two hours, he leaves and pays the money at the exit counter.

Question: Was there a contract between the person and the parking lot owner? What kind of promise was made?

Answer: Yes, there was a contract based on an implied promise. The person’s act of parking after seeing the rate implies acceptance. The parking service is offered without needing verbal communication. As per Section 9, this is an implied promise—formed by conduct.

Problem 4:

A hotel displays a board at the reception: “Breakfast included with room stay.” A guest checks in and avails breakfast the next morning.

Question: Is this an express or implied promise?

Answer: This is an implied promise. Though the board gives written information, the acceptance is through conduct—by checking in and availing breakfast. The guest’s behaviour indicates acceptance of the offer. Hence, it is an implied promise under Section 9.

Final Thoughts

What Section 9 Says:

Section 9 of the Indian Contract Act, 1872, talks about two types of promises:

• Implied Promises
• Express Promises

1. What is a Promise?

A promise is a kind of commitment or assurance made by one person to another. In contract law, when one person agrees to do something or not to do something, it becomes a promise. Promises are important because they form the basis of a legal contract.

2. What is an Express Promise?

An express promise is when the offer and acceptance are made using spoken or written words.

Example: Ravi says to Sita, “I will sell you my car for ₹2,00,000.” Sita replies, “Yes, I accept your offer.”

Here, both Ravi and Sita used words to make and accept the offer. So, this is an express promise. Express promises are very clear, and there is no confusion because everything is said directly in words.

3.What is an Implied Promise?

An implied promise is when the offer or acceptance is made through actions, behaviour, or circumstances, and not in words.

Example: You go to a doctor for treatment. The doctor checks you and gives you medicine. Here, you didn’t say “I accept your services” and the doctor didn’t say “I will treat you,” but both of you understood it through actions. So, there is an implied promise that you will pay the doctor, and the doctor will treat you properly. In this case, the agreement was not in words, but still, a legal promise was made by both sides through conduct.

Importance of Section 9 in Law

• Section 9 is important because not all agreements in life happen in written or spoken form.
• Many contracts are formed by conduct or action. The law accepts these as valid promises.
• This section ensures that even if a promise is not said in words, it can still be legally binding if behaviour shows agreement.

Difference Between Express and Implied Promises

Conclusion

Section 9 of the Indian Contract Act explains that a promise can be either express or implied. If made through words, it is express, and if made through actions or conduct, it is implied. Both types of promises are valid under Indian law and can create a binding contract. This section helps to cover all real-life situations where agreements are formed not only by talking or writing but also by doing things that show mutual understanding.