Mera Samvidhaan All of Indian Contract Act, 1872

Chapter IV · Of the Performance of Contracts

53Liability of party preventing event on which the contract is to take effect.

Section 53 · Chapter IV · Performance of reciprocal promises · page 25 of the Act

When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to compensation 1from the other party for any loss which he may sustain in consequence of the non-performance of the contract.

Illustration

A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance.

1 See s. 73, infra.

Section 53 of The Indian Contract Act, 1872 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.