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Performance of the contracts - Coggle Diagram
Performance of the contracts
Contracts which must be performed
Section - 39 Effect of refusal of party to perform promise wholly
- When a party has refused to perform his promise in entirety --> promisee may put an end to the contract unless he has signified his acquiescence in its continuance by words/conduct
Section 38 Effect to refusal to accept offer of performance
- where promisor has made an offer of performance to the promisee --> declined --> promisor not responsible for non-performance
Section - 37 Obligation of parties to contracts
Promises must be performed or offer to perform unless otherwise is stated in the contract under provision of this act or of any other law--> Promise binds representative of promisor in case of his death unless contrary is stated.
By whom contracts must be performed
Section - 40 Person by whom promise is to be performed
- by the promisor/representative
Section - 41 Effect of accepting performance from third person
(cannot enforce against promisor again)
Section - 42 Devolution of joint liabilities -
when a joint promise is made --> unless contrary appear by the contract all such person/representative must fulfil the promise.
Section - 43 Any one of the joint promisors may be compelled to perform -
In absence of express agreement any of the joint promisor can be compel to perform whole of the promise.
and such promisor can compel other promisors to contribute equally for the performance done by him
Section - 44 Effect of release of one joint promisor
Section 45 Devolution of joint rights
- Joint rights of promisee
Time and Place of performance
Section - 46 Time for performance of promise when on application is to be made and no time is specified
- On reasonable time
Section - 47 Time and place of performance of promise where time is specified and no application to be made
- Usual Hours of Business hours
Section - 48 Application for performance on certain day to be at proper time and place
. - duty of promisee to apply for performance at proper place and w/n usual hours of business .
Section - 49 Place for performance of promise where no application to be made and no place fixed for performance.
- duty of promisor to apply to the promisee to appoint a reasonable place for the performance and to perform it at such place.
Section - 50 Performance in manner or at time prescribed or sanctioned by promisee
Performance of Reciprocal Promise
Section - 51 .Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
When the consideration is in future whichever party is asking for performance shall show that he is ready and willing to perform his part
Section - 52 Order of performance of reciprocal promises
when expressly fixed by the contracts then according to contract and when not fixed by contracts then in that order which the nature of the transaction requires
Section - 53 Liability of party preventing event on which the contract is to take effect.
when one party to contract prevents the other from performing his promise the contract becomes voidable by the party being prevented to perform his part.
Section - 54 Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
Section - 55 Effect of failure to perform at fixed time, in contract in which time is essential
If time is essence but contract not performed contract is voidable
If time is not essence then contract is valid but entitled to compensation
Effect of accept of performance at time other than that agreed upon
I'll be taking compensation under second para (notice) before accepting performance
Section- 56 Agreement to do impossible act-void
- Subsequent impossibility render contracts void when such act become impossible
Where Promisor known(with reasonable diligence knows) and promisee does not knows such promisor shall make compensation
Initially In Pardine vs Jane - Once a contract is always a contract
Taylor vs Caldwell - Music Hall Case / Krell vs Henry
Doctrine of Frustration
1 When act becomes impossible
2 When the object of the contract failed
Special Grounds of Frustration
1 Destruction of Subject Matter
2 Change in Circumstance
3 Non Occurrence of the contemplated event
4 Death or incapacity of party
5 Intervention of law
Section - 57 Reciprocal promise to do things legal, and also other things illegal.
Section - 58 Alternative promise, one branch being illegal.
Appropriation or payments
Section - 59 - Payment of debt indicated
Section - 60 Payment of debt not indicated
Section - 61 Where neither party appropriates