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Section 58. Alternative promise, one branch being illegal.

 Section 58.   Alternative promise, one branch being illegal.

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In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.



Illustration


A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the opium.

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Section 57. Reciprocal promise to do things legal, and also other things illegal.

 

Section 57.   Reciprocal promise to do things legal, and also other things illegal.Previous    Next

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.

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Section 56. Agreement to do impossible act.

 

Section 56.   Agreement to do impossible act.Previous    Next

An agreement to do an act impossible in itself is void.


Contract to do an act afterwards becoming impossible or unlawful.—A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.1

Compensation for loss through non-performance of act known to be impossible or unlawful.—Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the nonperformance of the promise.


Illustrations


(a) A agrees with B to discover treasure by magic. The agreement is void:

(b) A and B contract to marry each other. Before the time fixed for the marriage,. A goes mad. The contract becomes void.

(c) A contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to practise polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise.

(d) A contracts to take in cargo for B at a foreign port. A's Government afterwards declares war against the country in which the port is situated. The contract becomes void when war is declared.

(e) A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is too ill to act. The contract to act on those occasions becomes void.

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क्यूँ करते हैं हम जेंडर समानता की बातें जब हमारे यहाँ तो आशीर्वाद में भी महिलाओं के लिए मौत की कामना की जाती है |

आम बोलचाल की ही बात हैं अगर हम देखें या गौर करें की परिवार के बड़े लोग किसी एक विवाहित महिला चाहे वो बेटी हो या बहू हो या फिर बहिन या अन्य कोई रिश्तेदार | उससे बड़े सभी रिश्तेदार उस महिला को आम तौर पर जो आशीर्वाद देते हैं वो है | "सदा सुहागन रहो " अब इसका शाब्दिक अर्थ होता है आपकी ताउम्र आपका पति जीवित रहे - और इसीका दूसरा अर्थ निकला आपकी मौत आपके पति से पहले हो | एक तरफ जेंडर संवेदनशीलता, जेंडर समानता के विषय पर कार्य करा जा रहा है जो की सच में काफी प्रभावी है वहीँ दूसरी ओर ऐसी रुढियों को तोड़ने की जरुरत सी महसूस होती है |
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हिंदी पखवाड़ा क्विज

 

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Section 55. Effect of failure to perform at fixed time, in contract in which time is essential.

 Section 55.   Effect of failure to perform at fixed time, in contract in which time is essential.

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When a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract.


Effect of such failure when time is not essential.--If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure.

Effect of acceptance of performance at time other than that agreed upon.--If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.1



STATE AMENDMENT


Uttar Pradesh.--


Amendment of section 55.--In section 55 of the Principal Act, in the third paragraph, for the words "unless at the time of such acceptance he gives notice to the promiser of his intention to do so", the words "where at the time of such acceptance he has waived his right to do so" shall be substituted."

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Section 54. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.

 

Section 54.   Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.Previous    Next

When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract.



Illustrations


(a) A hires B's ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract.

(b) A contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract.

(c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. A's promise to deliver need not be performed, and B must make compensation.

(d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B's promise to pay need not be performed, and A must make compensation.



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    Section 53. Liability of party preventing event on which the contract is to take effect.

     Section 53.   Liability of party preventing event on which the contract is to take effect.

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    When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the nonperformance of the contract.



    Illustration


    A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance.

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    Section 52. Order of performance of reciprocal promises.

     Section 52.   Order of performance of reciprocal promises.

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    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. As 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.

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    Section 51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.

     Section 51.   Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.

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    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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    Section 50. Performance in manner or at time prescribed or sanctioned by promise.

     Section 50.   Performance in manner or at time prescribed or sanctioned by promise.

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    The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.



    Illustrations


    (a) B owes A 2,000 rupees. A desires B to pay the amount to A's account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A's credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B.

    (b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other.

    (c) A owes B 2,000 rupees. B accepts some of A's goods in reduction of the debt. The delivery of goods operates as a part payment.

    (d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.

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    Section 49. Place for performance of promise, where no application to be made and no place fixed for performance.

     

    Section 49.   Place for performance of promise, where no application to be made and no place fixed for performance.Previous    Next

    When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place.



    Illustration


    A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.

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    Section 48. Application for performance on certain day to be at proper time and place.

     

    Section 48.   Application for performance on certain day to be at proper time and place.Previous    Next

    When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the, promisee to apply for performance at a proper place and within the usual hours of business.



    Explanation.—The question "what is a proper time and place" is, in each particular case, a question of fact.

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    Section 47. Time and place for performance of promise

     

    Section 47.   Time and place for performance of promisePrevious    Next

    When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed.



    Illustration


    A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.

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    Section 46. Time for performance of promise, when no application is to be made and no time is specified.

     

    Section 46.   Time for performance of promise, when no application is to be made and no time is specified.Previous    Next

    Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time.



    Explanation.—The question "what is a reasonable time" is, in each particular case, a question of fact.

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    CHAPTER IV OF THE PERFORMANCE OF CONTRACTS - By whom contracts must be performed

     

    Section 40. Person by whom promise is to be performed.
    Section 41. Effect of accepting performance from third person.
    Section 42. Devolution of joint liabilities.
    Section 43. Any one of joint promisors may be compelled to perform.
    Section 44. Effect of release of one joint promisor.
    Section 45. Devolution of joint rights.
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    Section 45. Devolution of joint rights.

     

    Section 45.   Devolution of joint rights.Previous    Next

    When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors, and, after the death of the last survivor, with the representatives of all jointly.1



    Illustration


    A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest on a day specified. B dies. The right to claim performance rests with B's representative jointly with C during C's life, and after the death of C with the representatives of B and C jointly.

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    Section 44. Effect of release of one joint promisor.

     

    Section 44.   Effect of release of one joint promisor.Previous    Next

    Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.1

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    Section 43. Any one of joint promisors may be compelled to perform.

     

    Section 43.   Any one of joint promisors may be compelled to perform.Previous    Next

    When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any 1 [one or more] of such joint promisors to perform the whole of the promise.


    Each promisor may compel contribution.Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.

    Sharing of loss by default in contribution.If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.


    Explanation.Nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal.


    Illustrations


    (a) A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him 3,000 rupees.

    (b) A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one-half of his debts. C is entitled to receive 500 rupees from A's estate, and 1,250 rupees from B.

    (c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is compelled to pay the whole. A is entitled to receive 1,500 rupees from B.

    (d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C fails to pay. A and B are compelled to pay the whole sum. They are entitled to recover it from C.

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    Section 42. Devolution of joint liabilities.

     

    Section 42.   Devolution of joint liabilities.Previous    Next

    When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise.

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