53Liability of party preventing event on which the contract is to take effect
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 from the other party for any loss which he may sustain in consequence of the nonperformance 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.
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1. See s. 73, infra.
- 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