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Section 58 Contract Act — Alternative pro mise, one branch being illegal

The Indian Contract Act, 1872 · Official PDF page 26

Open in NyayaOfficial PDF, page 26

58. Alternative pro mise, one branch being illegal .—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. Appropriation of payments

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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