VidhiSangh

Indian Contract Act, 1872

Section 58: Alternative promise, one branch being illegal

Chapter IV — Of the Performance of Contracts

58. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.

Illustration A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the opium.

Appropriation of payments

Source: official text of the Indian Contract Act, 1872.