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Thread: Who are the persons by whom contract may or must be performed

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    Moodle Who are the persons by whom contract may or must be performed

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    Performance of contract
    Q. Who are the persons by whom contract may or must be performed? Can a contract be performed by a person other than a party to it? Discuss fully. (1999) (2000) (2001) (2004) (2004/S)
    1. introduction:
    The fulfillment, of the legal obligation in a contract is called performance of the contract. Chapter VI of the contract deals with the performance of the contracts,
    2. Obligation of parties to contract:
    According to sec 37 of contract act. The parties to contract must either perform or offer to perform their respective promises. Unless such performance is dispensed with or excused the provisions of this act or any other law.
    3. Demand of performance:
    Following can demand the performance of the contract.
    (I) Promise:
    Promise can demand the performance of the contract.
    Example:
    A promise B to pay 1000 to C. If A does not pay the amount to C. It is only B who can demand performance of contract by A who made promise.
    (II) Legal representative:
    If promise dies, his legal representative can demand the performance of the contract.
    Example:
    A borrowed some money from B. B died. The legal representative of B can demand the performance of the contract.
    4. By whom contract must be performed:
    Contract must be performed by the following persons.
    (I) The promise himself:
    Contract may be performed by the promise, either himself or through other competent person.
    Example:
    A promises to paint a picture for B. A must perform the promise himself.
    (II) Agent:
    Contract may be performed by agent of the promise.
    Example:
    A promise B to sell goods A may perform his promise himself or through his agent.
    (III) Legal representative:
    Contract may be performed by legal representative.
    In case of personal skill:
    In case of contract involving personal skill, the legal representative of deceased are not bound to perform the contract.
    In case of not personal skill:
    In case of contract not involving personal skill but impersonal nature the legal representative are bound to perform the contract.
    (IV) Third person:
    When a promise accepts performance of contract form a third person he can not afterward enforce it against the promise.
    Example:
    A borrows Rs 5 Lac from B and promises to repay within year. After few months C the brother of A pays Rs 5 Lac to B. B accepts the money. A is discharge from the liability to pay.
    5. Time and place of performance
    Case law
    P. L. D 1974 Kar. 7 (DB)
    It was held, where by the contract, a promisor is the perform his premise without application by the promise, and no time for performance is specified, the agreement must be performed with in a reasonable time.
    6. Conclusion:
    To conclusion it can be said that, the parties of contract must fulfill their contractual obligations. If contract is not performed with in specified time, it will be terminated.

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