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Section 63: Promise may dispense with or remit performance of promise.

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

Every promisee may dispense with or remit, wholly or in part, the performance of the promisee made to him, or may extend the time for such performance , or may accept instead of it any satisfaction which he thinks fit.

Illustrations

(a) A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise.

(b) A owes B 5,000 rupees. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time and place at which the 5,000 rupees were payable. The whole debt is discharged.

(c) A owes B 5,000 rupees. C pays to B 1,000 rupees, and B accepts them, in satisfaction of his claim on A. This payment is a discharge of the whole claim .

(d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A, without ascertaining the amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole debt, whatever may be its amount.

(e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditors, including B, to pay them a [composition] of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a discharge of B's demand.

Where this provision sits

ActThe Indian Contract Act, 1872
Section63
Marginal notePromise may dispense with or remit performance of promise.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it7

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • other. . But see s. 135, infra.
  • other. . See s. 41, supra.
  • substituted, Act 12 of 1891. . Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for "compensation".

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