Section 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.

Explained:

Section 9 of the Indian Contract Act, 1872 deals with the two ways in which promises may be made—express promises and implied promises. It forms part of Chapter I of the Act, which deals with communication, acceptance and revocation of proposals.

An express promise arises when the proposal or acceptance is communicated through words, whether spoken or written. For example, if A offers to sell a car to B for ₹5 lakh and B expressly accepts the offer, the promise is express.

An implied promise, on the other hand, arises when the proposal or acceptance is communicated through conduct or circumstances rather than words. For instance, when a person uses a paid public service with knowledge of the applicable terms, their conduct may indicate an implied promise to pay.

Section 9 is important because a legally enforceable contractual relationship does not always require every promise to be specifically stated in writing. Courts may examine the conduct and surrounding circumstances to determine whether the parties intended to create contractual obligations. However, an implied promise cannot be presumed merely because it appears convenient or reasonable; the facts must support the inference.

Important Judgements

In State Bank of India v. Kanahiya Lal (2016), the Delhi High Court considered Section 9 while examining letters acknowledging liability. The Court held that the circumstances and contents of the letters could amount to an implied promise to pay, particularly in the context of Section 25(3) of the Contract Act.

In Jyotsna K. Valia v. T.S. Parekh & Co. (2007), a Full Bench of the Bombay High Court discussed Section 9 and explained the distinction between an implied contract and an implied term in a written contract.

Thus, Section 9 recognises that contractual promises can arise not only from words but also from conduct and circumstances, making it an important provision in determining the true nature of contractual obligations.