Mera Samvidhaan All of Indian Contract Act, 1872

Chapter IV · Of the Performance of Contracts

58Alternative promise, one branch being illegal.

Section 58 · Chapter IV · Performance of reciprocal promises · page 26 of the Act

In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.

Illustrations

A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the opium.

Section 58 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.