Indian Contract Act Section 52 — Order of performance of reciprocal promises

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — Performance of reciprocal promises

Commercial / Corporate

Summary

Where a contract clearly states the order in which the parties must perform their promises, they must follow that stated order. If the contract does not specify an order, the promises must be performed in the order that the nature of the transaction requires.

Official Text

Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires. Illustrations