ICA Section 52: Order of performance of reciprocal promises

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

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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 nature 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 Must 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.

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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