Section 52 of ICA : Section 52: Order Of Performance Of Reciprocal Promises

Explanation using Example

Section 52 of The Indian Contract Act, 1872, addresses the sequence of performance for reciprocal promises. If a contract specifies the order of performance, it must be followed; if not, the promises should be executed in a logical sequence based on the transaction's nature.

Example

• (a) Raj and Simran enter into a contract where Raj agrees to sell his car to Simran, and Simran agrees to pay for the car upon delivery. The contract specifies that Raj must first deliver the car, and only then is Simran required to make the payment. This is an example of the order of performance being expressly fixed by the contract.
• (b) Anuj and Tina agree that Anuj will paint Tina's house, and Tina will pay for the paint supplies in advance. The contract doesn't specify the order of performance. Since the nature of the transaction requires materials for the job to be done, Tina must first pay for the supplies before Anuj is obligated to start painting.