What is Alternative promise, one branch being illegal? Section 58 of Indian Contract Act 1872
58. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.
Illustration
A and B agree that A shall pay B 1,000 rupees for which B shall
afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement
as to the opium.
Section 41 - Effect of accepting performance from third person
Section 42 - Devolution of joint liabilities
Section 43 - Any one of joint promisers may be compelled to perform
Section 44 - Effect of release of one joint promiser
Section 45 - Devaluation of joint rights
Time and place for performance
Section 48 - Application for performance on certain day to be at proper time and place
Section 50 - Performance in manner or at time prescribed or sanctioned by promisee
Performance of reciprocal promises
Section 51 - Promiser not bound to perform, unless reciprocal promisee ready and willing to perform
Section 52 - Order of performance of reciprocal promises
Section 53 - Liability of party preventing event on which the contract is to take effect
Section 55 - Effect of failure to perform at fixed time, in contract in which time is essential
Section 56 - Agreement to do impossible act
Section 57 - Reciprocal promise to do things legal, and also other things illegal
Section 58 - Alternative promise, one branch being illegal
Appropriation of payments
Section 59 - Application of payment where debt to be discharged is indicated
Section 60 - Application of payment where debt to be discharged is not indicated