Chapter IV - Of the Performance of Contracts
Section 51
Section 51: Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
For simultaneous reciprocal promises, neither party must perform unless the other is ready and willing to do their part.
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This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
Illustration (a): A and B contract that A shall deliver goods to B to be paid for by B on delivery. A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery. B need not pay for the goods, unless A is ready and willing to deliver them on payment.
Illustration (b): A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery. A need not deliver, unless B is ready and willing to pay the first instalment on delivery. B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.
Introduction
When reciprocal promises are meant to be performed simultaneously, Section 51 does not require either party to perform unless the other is ready and willing to perform its reciprocal promise.
Key takeaways
Statutory scope
When reciprocal promises are meant to be performed simultaneously, Section 51 does not require either party to perform unless the other is ready and willing to perform its reciprocal promise.
Key check
Identify whether the contract calls for simultaneous exchange.
Apply the section
Identify whether the contract calls for simultaneous exchange.
Document each party’s readiness and willingness at the exchange time.
Illustration
For goods payable on delivery, the supplier need not hand over goods unless the buyer is ready to pay, and the buyer need not pay unless the supplier is ready to deliver.
Practical checklist
Do
- Prepare goods and payment for the same exchange window.
- Keep evidence of readiness and any failed exchange attempt.
Avoid
- Do not demand the other party perform first if the contract requires simultaneous exchange and you are not ready.
Frequently asked questions
Who must be ready first?
Both sides must be ready and willing for simultaneously due promises.
Does Section 51 apply to staged performance?
Its stated case is simultaneous reciprocal promises; check Section 52 for order of performance.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026