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        Indian Laws

        Section 58 - Alternative promise, one branch being illegal

        Indian Contract Act, 1872
        Chapter IVc
        Performance of reciprocal promises

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        Alternative promise enforceability: only the lawful branch is enforceable despite an alternative illegal option under contract law Where an alternative promise offers a lawful and an unlawful branch, only the lawful branch is enforceable; the illegal alternative is void and does not invalidate the enforceable obligation to perform the lawful option (e.g., deliver rice rather than smuggled opium).
                          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.

                                Alternative promise enforceability: only the lawful branch is enforceable despite an alternative illegal option under contract law

                                Where an alternative promise offers a lawful and an unlawful branch, only the lawful branch is enforceable; the illegal alternative is void and does not invalidate the enforceable obligation to perform the lawful option (e.g., deliver rice rather than smuggled opium).


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