Section 50 The Indian Contract Act, 1872
Section 50 โ The Indian Contract Act, 1872
๐ Topic: Performance of Promise โ Person to Whom Promise is to be Performed
๐ Bare Act Language:
Section 50. Person to whom promise is to be performed
"The promise must be performed to the promisee, or to any person whom the promisee designates or implies as the person to whom it is to be performed."
๐ Explanation in Simple Terms:
A promise made in a contract must be fulfilled only to the person for whom it was intended โ the promisee.
Alternatively, it can be performed to another person authorized by the promisee, either:
Expressly (clearly saying so), or
Impliedly (indirectly indicated through conduct or circumstances).
โ๏ธ Example:
A promises to pay โน10,000 to B.
B tells A to give the money to Bโs assistant, C.
If A pays C on B's instructions, the promise is considered performed.
But:
If A pays C without Bโs direction or authority, it is not valid performance under Section 50.
โ Legal Principle:
Performance of a contractual obligation is valid only when done to the right person.
This ensures that the benefit of the contract goes to the person entitled.
๐งพ Key Takeaways:
Rule | Meaning |
---|---|
Promise must be performed | Only to the promisee or their authorized person |
Unauthorized payment or delivery | Not valid performance |
Authority may be express or implied | E.g., a trusted agent or known representative |
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