Section 34

Section 34 of the Indian Contract Act, 1872, deals with alternative promises. It states: "In case of an alternative promise, one branch of which is lawful and the other unlawful, the lawful branch shall be performed. In case of an alternative promise, one branch of which is possible and the other impossible, the possible branch shall be performed. In case of an alternative promise, one branch of which is legal and the other illegal, the legal branch shall be performed." This implies that when a promisor makes an alternative promise, the promisee can choose to perform either branch of the promise. The section further explains that if one branch of the promise is lawful and the other is unlawful, the lawful branch must be performed. The Indian courts have interpreted this section to mean that alternative promises must be clear and unambiguous, and that the promisee has the right to choose which branch of the promise to perform.