Professional Documents
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Module 1 - Performanceofcontract
Module 1 - Performanceofcontract
PERFORMANCE OF CONTRACTS
Who must perform?
Sec.37: The parties to a contract must
either perform, or offer to perform their
respective promises,
unless such performance is dispensed with or
excused under the provisions of this Act, or
of any other law.
Representatives Liability: Promises bind the
legal representative of the deceased
promisor.
Types of Performance?
Actual performance
Attempted performance or offer to perform
(tender of performance)
It must be unconditional.
It must be of the whole quantity.
It must be by a person in a position.
It must be made at the proper time and place.
It must be made to the proper person.
It may be made to one of the several joint
promisees
It must give a reasonable opportunity to the
promisee for inspection of the goods.
The debtor must make a valid tender in legal
tender money.
Promisor himself.
Agent
Legal representatives.
Third person.
Joint promisors.
Reciprocal promises
Simultaneous performance
Order of performance
Effect of one party preventing
another
Effect of default as to promise to be
performed first
To do things legal and other things
illegal
When
Subsequent notice
Appropriation of payments
Assignment of Contracts
1.
2.
The rights & the benefits under the contract not involving personal
skills may be assigned.
An actionable claim can always be assigned.
Operation of law
Death
Insolvency
Example - Types of
Assignment