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Sec 58 Alternate promises – legal and illegal

When parties make alternate promises of, firstly doing certain things which are legal and secondly to do certain things which are illegal, then the legal part would be enforceable and form a valid contract and illegal part would be void.



A contracts with B to supply him with 10 kgs of rice or 5 gm of cocaine for ₹ 1000 paid by B. Over here the contract of supply 10 kgs of rice is legal and hence will form a valid contract. The supply of cocaine for ₹ 1000 is an illegal alternate promise is illegal and hence void.


Every illegal agreement is unlawful, but every unlawful agreement is not necessarily illegal.


If the legal promise can be separated from the illegal one, then the legal promise can be enforced. In such a case, the illegal part will be void ab initio


When the legal promise cannot be separated from the illegal one, the whole of it would be void ab initio


When there is a single consideration for one or more unlawful objects, the agreement is void ab initio

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