Section 58: Alternative promise, one branch being illegal.

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

In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.

Illustration

A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the opium.

Where this provision sits

Act	The Indian Contract Act, 1872
Section	58
Marginal note	Alternative promise, one branch being illegal.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	1

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