Section 35 The Indian Contract Act, 1872
The Indian Contract Act, 1872 as originally enacted primarily covered Sections 1 to 75 dealing with general contract law principles and some special contracts. However, Section 35 in the original Act is related to Contracts which must be performed or otherwise become void (but this is a bit nuanced, so let me clarify).
Section 35 — Performance of Reciprocal Promises
Actually, in the Indian Contract Act, 1872, Section 35 deals with the order in which reciprocal promises are to be performed. Here’s a detailed explanation:
📜 Section 35 – Time when reciprocal promises are to be performed
Text:
When, under a contract, one party promises to do something before or at the same time as another, the promise which is to be performed first must be performed, or its readiness to perform must be made known to the other, before the other can be compelled to perform their promise.
🔍 Explanation:
When two parties make reciprocal promises (i.e., each party promises something to the other), the promise that is to be performed first or at the same time must be done or at least the readiness to perform must be communicated.
Only then the other party can be compelled to perform their promise.
⚖️ Example:
If A agrees to sell goods to B and B agrees to pay the price, and if the contract says A will deliver the goods first, then:
A must deliver or show readiness to deliver the goods first.
B need not pay until A has done this.
📝 Key Points:
This protects parties from being forced to perform their promises before the other party performs theirs.
If no time is specified for performance, the law presumes that performance should be simultaneous (covered under Section 37).
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