Section 57 The Indian Contract Act, 1872

Here is a detailed explanation of:

Section 57 – The Indian Contract Act, 1872

πŸ”Ή Title:

"Reciprocal promise to do things legal, and also other things illegal."

πŸ” Bare Act Language:

β€œWhere persons reciprocally promise, firstly to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.”

βœ… Explanation:

This section deals with reciprocal promises that involve both:

Legal acts, and

Illegal acts (under certain conditions).

The law separates the two parts:

The legal part of the agreement is valid and enforceable.

The illegal part is void (unenforceable by law).

βš–οΈ Example:

A and B enter into an agreement:

A promises to deliver goods to B (legal),

B promises to pay β‚Ή1 lakh, and also to smuggle some banned items if needed (illegal).

🟒 The promise to deliver goods and pay β‚Ή1 lakh is valid.
πŸ”΄ The promise to smuggle banned items is void and has no legal effect.

πŸ“Œ Key Point:

This section ensures that illegal portions of an agreement do not invalidate the legal parts, provided they can be separated.

 

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