Chapter I - Of the Communication, Acceptance and Revocation of Proposals
Section 9
Section 9: Promises, express and implied
Section 9 distinguishes promises expressed in words from promises inferred from conduct.
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This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
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.
Introduction
Section 9 classifies a promise as express when the proposal or acceptance is in words, and implied when it is made otherwise than in words.
The classification concerns how assent is communicated; assess whether the underlying proposal and acceptance exist under the surrounding provisions.
Key takeaways
Express
Words, whether spoken or written, make the relevant proposal or acceptance express.
Implied
Conduct or other non-verbal communication can make it implied.
Apply the rule
Identify the precise proposal and acceptance.
Preserve the words, messages or conduct said to communicate assent.
Illustration
A buyer places a written order and the supplier accepts by dispatching goods without words. The proposal is express; the asserted acceptance should be assessed as implied from conduct.
Practical checklist
Do
- Record the words or conduct alleged to form each promise.
- Keep order, acceptance and dispatch records together.
Avoid
- Do not assume silence alone is an implied acceptance without examining the full conduct and formation rules.
Frequently asked questions
Can conduct communicate acceptance?
Section 9 allows a promise to be implied where proposal or acceptance is made otherwise than in words.
Does this section itself prove a contract?
No. It classifies the form of promise; other formation requirements still need review.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026