Promisor not bound to perform, unless reciprocal promisee ready and willing to perform :
Section – 51. When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
Illustrations
| (a) | A and B contract that A shall deliver goods to B to be paid for by B on delivery. | |
| A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery. | ||
| B need not pay for the goods, unless A is ready and willing to deliver them on payment. | ||
| (b) | A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery. | |
| A need not deliver, unless B is ready and willing to pay the first instalment on delivery. | ||
| B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment. |