Indian Contract Act, 1872

Section 58

Alternative promise, one branch being illegal

⚡ Quick Answer Reference: Section 58 Contract Act

Provision: Section 58 of Contract Act
Act: Indian Contract Act, 1872
Classification: contract
Jurisdiction: India

Statutory Content

What does Section 58 of Contract Act say?

Section 58 of the Indian Contract Act, 1872, states: 'In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.' This section deals with the situation where the contract involves an alternative promise, one part of which is legal and the other part is illegal. The courts have held that only the legal part of the promise can be enforced. In the case of Ram Chandra Chhaganlal vs. Narayan Devji, the court observed that the legal part of the alternative promise can be enforced, while the illegal part is void.

Indian StandardSection 58, Indian Contract Act, 1872

Bluebook (21st ed.)Indian Contract Act, 1872, § 58 (India)

Court Pleading StandardSection 58 of the Indian Contract Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 58 Contract Act

What is Section 58 of Contract Act?

Section 58 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Alternative promise, one branch being illegal". The section states: Section 58 of the Indian Contract Act, 1872, states: 'In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enfor...

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