Fri. Dec 3rd, 2021

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Law of Contract in Nepal

The History of  law of contract  in Nepal  is not very long due  to belated development  of  industry and  commerce  some   provisions   relating  to contract  could  be found in Muluki Ain  1853. However the provisions of said Act were not sufficient

There was pressing need to enact new   Contract Act to cope with the demand of commercial sector. As a  result,  separate  Contract Act was  enacted  in 1966  a fairly detailed  enactment  on the law  relating  to contracts 

The Contract Act 1966

The Contract Act 1966 had defined contract as an agreement act between two or more parties to do or not to do any act. Similarly, the Act had defined proposal, consent   . It  had made   incompetence of  parties to enter in to  contract who was under  the age of 16  years and person  of  unsound  mind .

However  it  was  very short  insufficient  and contradictory in some   respects  in  comparison to  the  principle of  law  of  contract .So  It  was  pressed to enact new  Contract  Act by the  stakeholders   to address  the   growing  demands  of  industry  and  commerce  . As a result new, Contract Act was enacted in  1999 and came in to force on 2000 .

The Contract Act 1999

The Act has made effort to address the new aspects of contract law developed in the developed   countries as the demand of industry and Commerce. The Act contains 90 sections in all. Section 2 has defined ‘contract’  as an agreement concluded  between two or  more parties  for performing  or not performing any act  which could  be executed  according to  law . Similarly other terms offer acceptance and considerations has been defined.

Reference: http://www.supremecourt.gov.np/main.php?d=lawmaterial&f=law_of_contract_in_nepal (10-March-2013)

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