Section 58

Alternative promise, one branch being illegal.

The Indian Contract Act, 1872

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

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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