Section 58. Alternative promise, one branch being illegal

Category of Bare Act Name of the Act Year of Promulgation
Civil Laws Indian Contract Act, 1872 1872
Act Number Enactment Date Chapter Number
9 1872-04-25 4
Chapter Title Ministry Department
Of the performance of contracts which must be performed Ministry of Law and Justice, Legislative Department Department of Law and Legislative Affairs

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

Illustration

A and B agree that A shall pay 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.