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Indian Contract Act, 1872

Section 32

Performance of reciprocal promises

Quick Answer Reference: Section 32 Contract Act

  • Provision: Section 32 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 32 of Contract Act say?

Section 32 of the Indian Contract Act, 1872, deals with the performance of reciprocal promises. It states: "Mutual promises are, in the absence of an express provision to the contrary, to be performed simultaneously, unless the nature of the contract or the circumstances under which it was made are such that the performance of one of the promises, in a reasonable sense, requires that the other should be performed first." This implies that when two parties make reciprocal promises, they are expected to perform their promises simultaneously, unless the contract or the circumstances suggest that one promise should be performed before the other. The section further explains that if one party fails to perform their promise, the other party is not bound to perform their promise. The Indian courts have interpreted this section to mean that the performance of reciprocal promises must be simultaneous, unless the contract or the circumstances suggest otherwise.

Indian StandardSection 32, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 32 (India)
Court Pleading StandardSection 32 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/32

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 32 Contract Act

What is Section 32 of Contract Act?

Section 32 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Performance of reciprocal promises". The section states: Section 32 of the Indian Contract Act, 1872, deals with the performance of reciprocal promises. It states: "Mutual promises are, in the absence of an express provision to the contr...

Landmark Case Laws

Landmark Judgments under Section 32 Contract Act

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 32

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