Legal World

Section 52 Contract Act — Order of performance of reciprocal promises

The Indian Contract Act, 1872 · Official PDF page 24

Open in NyayaOfficial PDF, page 24

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 natu re of the transaction requires.

Illustrations

(a) A and B contract that A shall build a house for B at a fixed price. A ’s promise to build the house m ust 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.

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.

For research. Check the official gazette and later amendments before citing a section.