Indian Contract Act,1872

Act No : 9

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Section : Promisor not bound to perform, unless reciprocal promiseeready and willing to perform

51.Promisor not bound to perform, unless reciprocal promiseeready and willing to perform. When a contract consists of reciprocalpromises to be simultaneously performed, no promisor need perform hispromise unless the promisee is ready and willing to perform hisreciprocal promise. Illustrations (a) A and B contract that A shall deliver goods to B to be paidfor by B on delivery. A need not deliver the goods, unless B is ready and willing topay for the goods on delivery. B need not pay for the goods, unless A is ready and willing todeliver them on payment. (b) A and B contract that A shall deliver goods to B at a priceto be paid by instalments, the first instalment to be paid ondelivery. A need not deliver, unless B is ready and willing to pay thefirst instalment on delivery. B need not pay the first instalment, unless A is ready andwilling to deliver the goods on payment of the first instalment.

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