Reciprocal promise to do things legal, and also other things illegal
Chapter 5: Of the performance of contracts
Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.
Illustration.
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it. The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract. The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.
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
- 54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55Effect of failure to perform at fixed time, in contract in which time is essential
- 56Agreement to do impossible act
- 58Alternative promise, one branch being illegal
- 59Application of payment where debt to be discharged is indicated
- 60Application of payment where debt to be discharged is not indicated