Act Number: 9

Act Name: The Indian Contract Act, 1872

Year: 1872

Enactment Date: 1872-04-25

Long Title:

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 52: Order of performance of reciprocal promises.
    Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires.
Illustrations
    (a) A and B contract that A shall build a house for B at a fixed price. As promise to build the house must be performed before B's promise to pay for it.
    (b) A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the payment of the money. A's promise need not be performed until the security is given, for the nature of the transaction requires that A should have security before he delivers up his stock.
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