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CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law

Asha agrees to pay Bhavin ₹1,000, for which Bhavin will afterwards deliver either rice or smuggled opium. What is the legal position under the provision on alternative promises?

It is a valid contract to deliver rice and a void agreement as to the smuggled opium. Section 58 says that in an alternative promise with one legal and one illegal branch, only the legal branch can be enforced.

  1. AThe whole agreement is void because one branch is illegal
  2. BThe whole agreement is valid because the parties may choose either branch
  3. CThe agreement is voidable at Asha's option
  4. DIt is a valid contract to deliver rice and a void agreement as to the opiumCorrect

Explanation

Section 58 provides that where an alternative promise has one legal and one illegal branch, only the legal branch can be enforced. The illustration states this is a valid contract to deliver rice and void as to opium. Declaring the whole agreement void ignores that the branches are severable.

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