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Book 2 · Law of obligations  ›  Title 2 · Reciprocal contract › Section 322

Order to perform in return for, and concurrently with, performance

(1) If a party brings an action for performance due to them on the basis of a reciprocal contract, the assertion by the other party of their right to refuse performance until consideration is rendered merely has the effect that the latter party is to be ordered to meet their obligations in return for, and concurrently with, performance.

(2) If the party bringing the action is to perform in advance, then, if the other party is in default of acceptance, the party’s action may seek performance following receiving consideration.

(3) The provision in section 274 (2) applies to compulsory enforcement.

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