Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
Chapter 5: Of the performance of contracts
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.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 48Application for performance on certain day to be at proper time and place
- 49Place for performance of promise, where no application to be made and no place fixed for performance
- 50Performance in manner or at time prescribed or sanctioned by promisee
- 52Order of performance of reciprocal promises
- 53Liability of party preventing event on which the contract is to take effect
- 54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises