Section 51

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

The Indian Contract Act, 1872

  • Act 9 of 1872
  • Ministry of Law and Justice
  • Legislative Department
All sections
    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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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