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Section 57 - Reciprocal promise to do things legal, and also other things illegal : Indian Contract Act 1872

 

What is the Reciprocal promise to do things legal, and also other things illegal? Section 57 of Indian Contract Act 1872

Section 57 of Indian Contract Act 1872 : "Reciprocal promise to do things legal, and also other things illegal"

57. 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.

 

INDIAN CONTRACT ACT 1872

Section 41 - Effect of accepting performance from third person

Section 42 - Devolution of joint liabilities

Section 43 - Any one of joint promisers may be compelled to perform

Section 44 - Effect of release of one joint promiser

Section 45 - Devaluation of joint rights

 

 

Time and place for performance

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

Section 47 - Time and place for performance of promise, where time is specified and no application to be made

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

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

Section 50 - Performance in manner or at time prescribed or sanctioned by promisee

 

 

Performance of reciprocal promises

Section 51 - Promiser not bound to perform, unless reciprocal promisee ready and willing to perform

Section 52 - Order of performance of reciprocal promises

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

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

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

 

 

Section 56 - Agreement to do impossible act

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

Section 58 - Alternative promise, one branch being illegal

Appropriation of payments

Section 59 - Application of payment where debt to be discharged is indicated

Section 60 - Application of payment where debt to be discharged is not indicated

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