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Section 50 Contract Act — Performance in manner or at time prescr ibed or sanctioned by promisee

The Indian Contract Act, 1872 · Official PDF page 24

Open in NyayaOfficial PDF, page 24

50. Performance in manner or at time prescr ibed or sanctioned by promisee.—The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.

Illustrations

(a) B owes A 2,000 rupees. A desires B to pay the amount to A ’s account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A ’s credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.

(b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other.

(c) A owes B 2,000 rupees. B accepts some of A ’s goods in reduction of the debt. The delivery of go ods operates as a pa rt payment.

(d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A. Performance of reciprocal promises

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

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