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

The Indian Contract Act, 1872Central Act · Act 9 of 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.

Where this provision sits

ActThe Indian Contract Act, 1872
Section51
Marginal notePromisor not bound to perform, unless reciprocal promisee ready and willing to perform.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

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