Indian Contract Act, 1872

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Section 52

Order of performance of reciprocal promises

Chapter 5: Of the performance of contracts

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. A‟s 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.

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.

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