Section 58 of ICA : Section 58: Alternative Promise, One Branch Being Illegal

ICA

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Explanation using Example

Imagine that a homeowner, Priya, enters into a contract with a contractor, Raj, where Raj agrees to either build a new deck for Priya using legally sourced timber or extend her house using illegally obtained construction materials. According to Section 58 of The Indian Contract Act, 1872, only the part of the promise involving the construction of the deck with legally sourced timber can be enforced legally. The extension using illegal materials cannot be enforced as it is an illegal agreement.

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