What is Promiser not bound to perform, unless reciprocal promisee ready and willing to perform? Section 51 of Indian Contract Act 1872
51. When a contract consists of reciprocal promises to be simultaneously performed, no promiser need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
(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.
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