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CHAPTER IV OF THE PERFORMANCE OF CONTRACTS · Performance of reciprocal promises

Section 51: Promisor not bound to perform, unless reciprocal promisee ready and willing to perform

The Indian Contract Act, 1872

When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.

Illustrations

(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery.

A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.

B need not pay for the goods, unless A is ready and willing to deliver them on payment.

(b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery.

A need not deliver, unless B is ready and willing to pay the first instalment on delivery.

B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.

Questions on this section

1 question in 2 of our papers cite Section 51. Try these from the free papers:

  1. 1. Under Section 51 of the Indian Contract Act, 1872, when a contract consists of reciprocal promises to be performed simultaneously:

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