Law Maker

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

Section 53: Liability of party preventing event on which the contract is to take effect

The Indian Contract Act, 1872

When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation 1from the other party for any loss which he may sustain in consequence of the non-performance of the contract.

Illustration

A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance.

Footnotes in the official text

  1. 1.See s. 73, infra.

Questions on this section

1 question in 4 of our papers cite Section 53. Try these from the free papers:

  1. 1. Under Section 53 of the Indian Contract Act, 1872, when a contract contains reciprocal promises and one party prevents the other from performing his promise, the contract becomes:

Practise questions on Contract Law