ICA Section 51: Promisor not bound to perform, unless reciprocal promisee ready and willing to perform

Indian Contract Act, 1872 · Chapter 4: Performance of Contracts

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51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform. - When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.

Illustrations

(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery. A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.
B need not pay for the goods, unless A is ready and willing to deliver them on payment.

(b) A and B contract that A shall deliver goods to B at a price to be paid by installments, the first installment to be paid on delivery. A need not deliver, unless B is ready and willing to pay the first installment on delivery. B need not pay the first installment, unless A is ready and willing to deliver the goods on payment of the first installment.

Official reference: India Code, Legislative Department — checked: 29 September 2026.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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