Section 53 Indian Contract Act 1872 (Liability of party …)

Section 53 Indian Contract Act 1872

Section 53 of the Indian Contract Act 1872 is about Liability of party preventing event on which the contract is to take effect. It is under “Performance of reciprocal promises” of CHAPTER IV of the Act. CHAPTER IV is titled OF THE PERFORMANCE OF CONTRACTS.

Liability 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.


See also:

Section 52 Indian Contract Act 1872 (Order of performance of reciprocal promises)

See also  Section 203 Indian Contract Act 1872 (When principal may revoke agent's authority)

Published by

Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

Leave a Reply

Your email address will not be published.