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PERFORMANCE OF CONTRACT
1. Introduction:
Performance of Contract means the fulfillment of legal obligations created under the contract by both the promisor and the promisee. When a contract is duly performed by both the parties to the contract the contract comes to an end.
2. General Rules Regarding Performance of Contracts:
A. Performance of a Single Promise:
i. Who can Demand Performance?
It is only the promisee who can demand performance of the contract. There is a rule that is person cannot acquire rights under a contract to which he is not a party. In case of death of the promisee, his legal representatives can demand performance.
ii. Who May Perform?
a. The Promisor Himself:
In case of contract involving personal skill taste or credit, contract to paint a picture a contract of agency or of service the promisor.
b. The Promisor or His Agent:
In case of a contract of impersonal nature.
c. The Legal Representative:
In case of death of the promisor before performance the liability of performance falls on his legal representatives.
d. The Third Person:
Contract Act lays down that if a promisee accepts performance of the promise from a third person he cannot afterwards enforce it against the promisor.
B. Performance of Joint Promises:
i. Who can Demand Performance?
When all the promisees are dead, the legal representatives of all jointly can demand performance.
ii. Who May Perform?
a. All Promisors Must Jointly Fulfill the Promise:
When two or more persons make a joint promise, then unless a contrary intention appears from the contract all such persons must jointly fulfill the promise.
b. Amy one Of Joint Promisors may be Compelled to Perform:
Although the joint promisors are required to perform the promise jointly the promisee may compel any one of the joint promisors to perform the promise.
c. Each Promisor May Compel for Contribution:
If one of the joint promisors is compelled to perform the whole contract he can ask for equal contribution to the others unless a contrary intention appears from the contract.
d. Sharing of Loss By Default in Contribution:
If any one of the joint promisors makes a default in making contribution if any the remaining joint promisors must bear the loss arising out of such default in equal shares.
e. Effect of Release Of One Joint Promisor:
In case of a joint promise if one of the joint promisors in released from his liability by the prommisee his liability to the promisee ceases but his liability to the other promisors to contribute does not cease.
1. Introduction:
Performance of Contract means the fulfillment of legal obligations created under the contract by both the promisor and the promisee. When a contract is duly performed by both the parties to the contract the contract comes to an end.
2. General Rules Regarding Performance of Contracts:
A. Performance of a Single Promise:
i. Who can Demand Performance?
It is only the promisee who can demand performance of the contract. There is a rule that is person cannot acquire rights under a contract to which he is not a party. In case of death of the promisee, his legal representatives can demand performance.
ii. Who May Perform?
a. The Promisor Himself:
In case of contract involving personal skill taste or credit, contract to paint a picture a contract of agency or of service the promisor.
b. The Promisor or His Agent:
In case of a contract of impersonal nature.
c. The Legal Representative:
In case of death of the promisor before performance the liability of performance falls on his legal representatives.
d. The Third Person:
Contract Act lays down that if a promisee accepts performance of the promise from a third person he cannot afterwards enforce it against the promisor.
B. Performance of Joint Promises:
i. Who can Demand Performance?
When all the promisees are dead, the legal representatives of all jointly can demand performance.
ii. Who May Perform?
a. All Promisors Must Jointly Fulfill the Promise:
When two or more persons make a joint promise, then unless a contrary intention appears from the contract all such persons must jointly fulfill the promise.
b. Amy one Of Joint Promisors may be Compelled to Perform:
Although the joint promisors are required to perform the promise jointly the promisee may compel any one of the joint promisors to perform the promise.
c. Each Promisor May Compel for Contribution:
If one of the joint promisors is compelled to perform the whole contract he can ask for equal contribution to the others unless a contrary intention appears from the contract.
d. Sharing of Loss By Default in Contribution:
If any one of the joint promisors makes a default in making contribution if any the remaining joint promisors must bear the loss arising out of such default in equal shares.
e. Effect of Release Of One Joint Promisor:
In case of a joint promise if one of the joint promisors in released from his liability by the prommisee his liability to the promisee ceases but his liability to the other promisors to contribute does not cease.