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.
Other sections in this chapter
- 37. Obligation of parties to contracts
- 38. Effect of refusal to accept offer of performance
- 39. Effect of refusal of party to perform promise wholly
- 40. Person by whom promise is to be performed
- 41. Effect of accepting performance from third person
- 42. Devolution of joint liabilities
- 43. Any one of joint promisors may be compelled to perform
- 44. Effect of release of one joint promisor
- 45. Devolution of joint rights
- 46. Time for performance of promise, when no application is to be made and no time is specified
- 47. Time and place for performance of promise, where time is specified and no application to be made
- 48. Application for performance on certain day to be at proper time and place
- 49. Place for performance of promise, where no application to be made and no place fixed for performance
- 50. Performance in manner or at time prescribed or sanctioned by promisee
- 52. Order of performance of reciprocal promises
- 53. Liability of party preventing event on which the contract is to take effect
- 54. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55. Effect of failure to perform at fixed time, in contract in which time is essential
- 56. Agreement to do impossible act. An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful
- 57. Reciprocal promise to do things legal and also other things illegal
- 58. Alternative promise, one branch being illegal
- 59. Application of payment where debt to be discharged is indicated
- 60. Application of payment where debt to be discharged is not indicated
- 61. Application of payment where neither party appropriates
- 62. Effect of novation, rescission, and alteration of contract
- 63. Promisee may dispense with or remit performance of promise
- 64. Consequences of rescission of voidable contract
- 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
- 66. Mode of communicating or revoking rescission of voidable contract
- 67. Effect of neglect of promisee to afford promisor reasonable facilities for performance