Indian Contract Act Section 58 — Alternative promise, one branch being illegal

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

Commercial / Corporate

Summary

When a promise offers two alternative ways of doing something, and one of those ways is legal while the other is illegal, only the legal option can be enforced. The illegal branch of the promise cannot be enforced, and the person to whom the promise is made can only demand performance of the legal alternative.

Official Text

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