Section 51 The Indian Contract Act, 1872
Here is the detailed explanation of Section 51 of the Indian Contract Act, 1872:
⚖️ Section 51 – Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
"When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise."
✅ Key Concepts:
This section applies to reciprocal promises that must be performed simultaneously.
A party is not obliged to perform their part of the contract unless the other party is also ready and willing to perform their corresponding obligation.
🔄 What are reciprocal promises?
Reciprocal promises are mutual promises that form the consideration for each other.
There are three types:
Mutual and independent
Conditional
Simultaneous – This is the type covered by Section 51.
🧾 Example:
A agrees to deliver goods to B, and B agrees to pay on delivery.
This is a case of simultaneous reciprocal promises.
If B is not ready to pay, A is not bound to deliver the goods.
📌 Essence of Section 51:
It protects a party from having to perform their obligation if the other party is not prepared to perform their own part at the same time.
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