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A agrees to pay B ₹20,000 for delivery of either rice or heroin. The proposed heroin transaction is…

Section 58 makes the lawful branch of an alternative promise enforceable when the other branch is unlawful. The rice branch remains enforceable and the heroin branch is…

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A agrees to pay B ₹20,000 for delivery of either rice or heroin. The proposed heroin transaction is unlawful. Under section 58 of the Indian Contract Act, 1872, what is enforceable?

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Answer and explanation

Correct answer C

Section 58 makes the lawful branch of an alternative promise enforceable when the other branch is unlawful. The rice branch remains enforceable and the heroin branch is void.

This result turns on separate alternatives. Section 24 addresses agreements with an unlawful part of the consideration or object in the combinations it specifies.

Option feedback

Option A

Section 58 preserves the lawful branch of this alternative promise.

Option B

Section 58 does not enforce the unlawful heroin branch.

Option C

Rice delivery is the lawful branch and remains enforceable under section 58.

Option D

The heroin branch is unlawful on the facts and cannot be enforced.

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