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Report No. 13

32. Section 8.-

It is not clear whether the expression "performance of the conditions of a proposal" means a complete performance, or, even partial performance is sufficient. If the former view is correct the law may work serious injustice in some cases. A case of such injustice, generally cited, is that of a person to whom an offer has been made of payment of a certain sum in consideration of his completing a piece of work. He nearly completes the work and then the offer is revoked. The English Law Revision Committee1 has recommended the introduction of the following rule:

"A promise made in consideration of the promisee performing an act shall constitute a contract as soon as the promisee has entered upon the performance of the act, unless the promise includes expressly or by necessary implication a term that it can be revoked before the act has been completed.2" In order to prevent such cases of injustice and to clear up the ambiguity in the language of the section, we suggest that the aforesaid recommendation be adopted and introduced in section 8.

1. Sixth Interim Report, p. 31

2. Sixth Interim Report, para. 50, Recommendation No. 7.

Indian Contract Act, 1872 Back

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