Section 41 The Indian Contract Act, 1872
✅ Section 41 – The Indian Contract Act, 1872
Title: Effect of accepting performance from third person
Text of Section 41:
“When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.”
🔍 Explanation:
Section 41 deals with the situation where someone other than the original promisor fulfills the obligation (i.e., performs the contract), and the promisee accepts that performance.
📌 Once the promisee accepts performance from a third party:
They lose the right to later sue or enforce the contract against the original promisor.
💡 Illustration:
Suppose A promises to pay ₹10,000 to B.
C, a friend of A, pays ₹10,000 to B, and B accepts it.
👉 B cannot later demand the same money from A again.
⚖️ Purpose of Section 41:
To ensure fairness and prevent double recovery.
Once the promise has been fulfilled (even by someone else), the promisee’s rights are considered satisfied.
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