Lawgist51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
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 instalments, the first instalment to be paid on delivery.
A need not deliver, unless B is ready and willing to pay the first instalment on delivery.
B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.
Download our fully-offline, High speed android app.- Click here
- 51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52 Order of performance of reciprocal promises
- 53 Liability of party preventing event on which the contract is to take effect
- 54 Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55 Effect of failure to perform at fixed time, in contract in which time is essential
- 56 Agreement to do impossible act
- 57 Reciprocal promise to do things legal, and also other things illegal
- 58 Alternative promise, one branch being illegal
