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Section 51, Contract Act 1872: Promisor Not Bound To Perform, Unless Reciprocal Promisee Ready & Willing

Section 51 under the Chapter IV (Of the performance of contracts, Contracts which must be performed) of the Contract Act, 1872 of India - 'Promisor not bound to perform, unless reciprocal promisee ready and willing to perform', is reproduced hereunder:—

“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 instalments, the first instalment to be paid on delivery.
 A need not deliver, unless B is ready and willing to pay the first instalment on delivery.
 B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.”

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