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✅ Indian Contract Act 1872 Full Series ✅

   • Indian Contract Act 1872  

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00:00 Introduction
00:37 Meaning of Reciprocal Promises
01:39 Types of Reciprocal Promises
03:38 Rules for Performance of Reciprocal Promises

👉 Meaning of Reciprocal promises

Reciprocal promises are promises that form the consideration or part of the consideration for each other.
In simple terms, each party’s promise is made in return for the other’s promise.

🔹Example: A agrees to sell a car to B, and B agrees to pay ₹3,00,000 to A.

Here, A’s promise to give the car and B’s promise to pay the price are reciprocal.

👉 Types of Reciprocal Promises

1.) Mutual and Dependent
2.) Mutual and Independent
3.) Mutual and Concurrent

👉 Rules for Performance of Reciprocal Promises

1.) Performance in case of concurrent promises – Section 51
2.) Order of performance of reciprocal promises – Section 52
3.) One party preventing performance – Section 53
4.) Effect of failure to perform in mutual and dependent promises – Section 54
5.) Effect of failure to perform at fixed time – Section 55
6.) Agreement to do impossible act – Section 56
7.) Reciprocal promise to do things legal and also illegal – Section 57
8.) Reciprocal promise to do legal things, but in illegal manner – Section 58

1.) Performance in case of concurrent promises - Section 51

When two parties have to perform their promises at the same time, neither is bound to perform unless the other is ready and willing to perform.

🔹Example: A agrees to deliver goods to B, and B agrees to pay cash on delivery. A need not deliver unless B is ready to pay, and B need not pay unless A is ready to deliver.

2.) Order of performance of reciprocal promises – Section 52

If the contract specifies the order in which promises are to be performed, it must be followed. If no order is specified, performance must be in the order implied by the nature of the transaction.

🔹Example: A agrees to build a house for B and B agrees to pay after construction is completed. Here, A must perform (build) first, then B must pay.

3.) One party preventing performance – Section 53

If one party prevents the other from performing the promise, the contract becomes voidable at the option of the party prevented. The prevented party can also claim compensation for any loss suffered.

🔹Example: A agrees to supply goods to B after B opens a shop. B refuses to open the shop. A may treat the contract as void.

4.) Effect of failure to perform in mutual and dependent promises – Section 54

When performance of one promise depends on the prior performance of the other, the party who must perform first must do so. If he fails, he cannot demand the other to perform and is liable for damages.

🔹Example: A agrees to paint B’s house, and B agrees to pay after the work is done. If A does not paint, he cannot demand payment from B.

5.) Effect of failure to perform at fixed time – Section 55

If time is essential to the contract and a party fails to perform at the agreed time, the contract becomes voidable at the option of the other party.

🔹Example: A agrees to supply wedding dresses to B on 1st March for a wedding on 5th March. If A delivers late, B can cancel the contract because time was essential.

6.) Agreement to do impossible act –Section 56

Void ab initio: An agreement to do an act impossible in itself (impossible at the time of contracting) is void.

🔹Example: Contract to sell a specific object that never existed — void.Subsequent impossibility: If performance becomes impossible after the contract is made due to an event beyond the control of the parties

🔹Example: A hires B to sing at a concert; B dies before the date — contract discharged.

7.) Reciprocal promise to do things legal and also illegal – Section 57

If a set of reciprocal promises contains both legal and illegal parts, the legal part can be enforced, but the illegal part is void.

🔹Example: A promises to sell B a house and also smuggle goods for him. The sale of the house is enforceable; smuggling is void.

8.) Reciprocal promise to do legal things, but in illegal manner – Section 58

If the promise is to do something legal but the agreed manner of performance is illegal, the whole agreement is void.

🔹Example: A promises to transport B’s goods (legal) but only by escaping customs duty (illegal manner) — the agreement is void.