Section 54: Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises

Q: What does Section 54 of The Indian Contract Act, 1872 (ICA) deal with?

Section 54 ICA pertains to "Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises". It is part of the The Indian Contract Act, 1872, a legislation enacted by the Parliament of India. Section 54 of The Indian Contract Act, 1872 (ICA) governs effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.

Q: Is Section 54 ICA still in force?

Yes, Section 54 of the The Indian Contract Act, 1872 is currently in force across the Republic of India.

Q: What is धारा 54 ICA?

धारा 54 ICA is the Devanagari Hindi reference for Section 54 of the The Indian Contract Act, 1872. Section 54 of The Indian Contract Act, 1872 (ICA) governs effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.

Q: What is Dhara 54 ICA?

Dhara 54 ICA is the Roman Hindi reference for Section 54 of the The Indian Contract Act, 1872. "Dhara" means "Section" in Hindi. Section 54 of The Indian Contract Act, 1872 (ICA) governs effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises.

Q: How to cite Section 54 of The Indian Contract Act, 1872?

Cite as: "Section 54, The Indian Contract Act, 1872 (ICA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Contract Act, 1872, 1872, § 54 (India).

Law on Tips Editorial Board

When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed, till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract.

Illustrations

(a) A hires B's ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain freight for so doing. A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract.

(b) A contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract.