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Section 58 of the Indian Contract Act, 1872.

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Alternative promise, one branch being illegal.—

In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.

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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.

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Section 58 of the Indian Contract Act, 1872.

Alternative promise, one branch being illegal.—

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