LawgistThe Indian Contract Act
57Reciprocal promise to do things legal, and also other things illegal
Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.
Illustration
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it.
The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract.
The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.
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Performance of reciprocal promises
- 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
