Section 52 Indian Contract Act 1872
Section 52 of the Indian Contract Act 1872 is about Order of performance of reciprocal promises. It is under “Performance of reciprocal promises” of CHAPTER IV of the Act. CHAPTER IV is titled OF THE PERFORMANCE OF CONTRACTS.
Order of performance of reciprocal promises
Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires.
(a) A and B contract that A shall build a house for B at a fixed price. As promise to build the house must be performed before B’s promise to pay for it.
(b) A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the payment of the money. A’s promise need not be performed until the security is given, for the nature of the transaction requires that A should have security before he delivers up his stock.
Section 51 Indian Contract Act 1872 (Promisor not bound to perform, unless reciprocal promisee ready and willing to perform)