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[Section Index]

1The Contract Act, 1872

( ACT NO. IX OF 1872 )

Chapter IV

OF THE PERFORMANCE OF CONTRACTS

Performance of Reciprocal Promises

Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
51. 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.
 
 
 
 
Illustrations
 
 
 
 
(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery.
 
 
 
 
A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.
 
 
 
 
B need not pay for the goods, unless A is ready and willing to deliver them on payment.
 
 
 
 
(b) A and B contract that A shall deliver goods to B at a price to be paid by installments, the first installment to be paid on delivery.
 
 
 
 
A need not deliver, unless B is ready and willing to pay the first installment on delivery.
 
 
 
 
B need not pay the first installment, unless A is ready and willing to deliver the goods on payment of the first installment.

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    Throughout this Act, except otherwise provided, the words "Bangladesh", "Taka" and "Penal Code" were substituted, for the words "Pakistan" or "East Pakistan", "Rupees" or "Rs." and "Pakistan Penal Code" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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