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        Indian Laws

        Section 41 - Effect of accepting performance from third person

        Indian Contract Act, 1872
        Chapter IVa
        By whom contracts must be performed

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        Acceptance of third-party performance bars subsequent enforcement of the promise against the original promisor by the promisee. Acceptance of performance by the promisee from a third person operates as a bar to subsequent enforcement of that promise against the original promisor; performance so accepted discharges the promisor's obligation and precludes the promisee from thereafter seeking enforcement against the promisor.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Acceptance of third-party performance bars subsequent enforcement of the promise against the original promisor by the promisee.

                              Acceptance of performance by the promisee from a third person operates as a bar to subsequent enforcement of that promise against the original promisor; performance so accepted discharges the promisor's obligation and precludes the promisee from thereafter seeking enforcement against the promisor.


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