The Indian Contract Act

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

Order of performance of reciprocal promises

Liability of party preventing event on which the contract is to take effect

Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises

Effect of failure to perform at fixed time, in contract in which time is essential

Agreement to do impossible act

Reciprocal promise to do things legal, and also other things illegal

Alternative promise, one branch being illegal


Performance of reciprocal promises


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.

LAWGIST

# 58 Alternative promise, one branch being illegal