Section 49 The Indian Contract Act, 1872
📘 Section 49 – The Indian Contract Act, 1872
Title: Place for performance of promise, where no application to be made and no place fixed for performance
🔹 Bare Act Language:
When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place.
✅ Explanation:
Section 49 deals with situations where:
The contract does not specify a place for performance.
The promisee is not required to apply for performance.
In such cases, the promisor must:
Ask the promisee to fix a reasonable place.
Perform the promise at the place fixed by the promisee.
🧑⚖️ Illustration:
🔹 A promises to deliver 100 bags of rice to B. The contract does not say where the delivery will take place. B is not required to ask for delivery.
— Now, A (the promisor) must contact B (the promisee) and ask where to deliver, and perform at that place.
📌 Purpose of Section 49:
To ensure that unclear terms regarding the place of performance don’t frustrate the contract.
Places the burden on the promisor, since they agreed to perform.
RELATED Blog
0 comments