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Who should perform the contract? Is performance of a contract by a third party valid?

Who should perform the contract? Is performance of a contract by a third party valid?

Owlgen
Course: B.Com

1 Answer

Usually the contract is performed by the promisor, however, in certain cases, it can be performed by the following persons:

Promisor Himself: If the-contract states that the intention of the parties is that the promise should be performed by the promisor, then such promise must be performed by the promisor, specially in the cases of personal skills taste or art work. For example: A, promises to paint a picture for B. As the promise involves personal skill of A, it must be performed by A.

Promisor or Agent: Where the contract does not involve any personal skill of the promisor, then the contract may be performed by the promisor himself or by any competent person employed by him for this purpose. For example: A, promises to pay B a sum of money. A may perform this promise either by paying the money personally to B or by causing it to be paid to B by his authorized agent.

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Legal Representative: In case of death of the promisor, his legal representative may perform the contract unless the contract is of a personal nature. For example: A promises to deliver goods to B on a certain day on the payment of Rs. 2,000. A dies before that said day. A’s legal representatives are liable to deliver the goods to B and B is bound to make the payment of Rs. 2000 to A’s representatives.

Third Person: If accepted by the promisee, a contract maybe performed by a third person. According to Section 41, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again.

Performance of Joint Promises: According to Section 42, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their life time.

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May 19, 2019
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