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Performance of contract
Requisites of a valid tender

   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.
Effects of refusal of a party to
     perform promise wholly
Contracts which need not be performed:
 When its performance becomes impossible.

 When the parties to it agree to substitute a new
  contract for it or to rescind or alter it.
 When the promisee dispenses with or remits,
  wholly or in part.
 When the person at whose option it is voidable,
  rescinds it.
 When the promisee neglects or refuses to afford .
By whom must contracts be performed?

1.   Promisor himself.
2.   Agent
3.   Legal representatives.
4.   Third person.
5.   Joint promisors.
Devolution of joint liabilities
   Any of the joint promisors may be
    compelled to perform.
   A joint promisor compelled to perform may
    claim contribution.
   Sharing of loss arising from default.
   Release of a joint promisor.
Devolution of joint rights
Who can demand performance?
Time and place of performance
   Where no application is to be made and no time
    is specified.
   Where time is specified and no application is to
    be made.
   Application for a performance on a certain day
    and place.
   Application by the promisor to promisee to
    appoint place.
   Performance in manner or at time prescribed or
    sanctioned by the promisee.
Reciprocal promises
   Mutual & independent
   Conditional & dependent
   Mutual & concurrent
Rules regarding performance of
      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
Time as the essence of the
           contract

 When   time is of the essence.

 When   time is not of the essence.
Subsequent notice
Appropriation of payments
   Where the debtor intimates.

   Where the debtor does not intimates & the
    circumstances are not indicated.

   Where the debtor does not intimate &
    creditor falls to appropriate.
Assignment of contracts
1.       Act of the parties

              Assignment of contractual obligations.
                 Contractual obligations involving personal skills & ability cannot be
                  assigned.
                 A promisor cannot assign his liabilities or obligation under a contract.

              Assignment of contractual rights.
           •      The rights & the benefits under the contract not involving personal skills
                  may be assigned.
           •      An actionable claim can always be assigned.


2.       Operation of law
                   Death
                 Insolvency
Performance of contract-8

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Performance of contract-8

  • 2. Requisites of a valid tender  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.
  • 3. Effects of refusal of a party to perform promise wholly Contracts which need not be performed:  When its performance becomes impossible.  When the parties to it agree to substitute a new contract for it or to rescind or alter it.  When the promisee dispenses with or remits, wholly or in part.  When the person at whose option it is voidable, rescinds it.  When the promisee neglects or refuses to afford .
  • 4. By whom must contracts be performed? 1. Promisor himself. 2. Agent 3. Legal representatives. 4. Third person. 5. Joint promisors.
  • 5. Devolution of joint liabilities  Any of the joint promisors may be compelled to perform.  A joint promisor compelled to perform may claim contribution.  Sharing of loss arising from default.  Release of a joint promisor.
  • 7. Who can demand performance?
  • 8. Time and place of performance  Where no application is to be made and no time is specified.  Where time is specified and no application is to be made.  Application for a performance on a certain day and place.  Application by the promisor to promisee to appoint place.  Performance in manner or at time prescribed or sanctioned by the promisee.
  • 9. Reciprocal promises  Mutual & independent  Conditional & dependent  Mutual & concurrent
  • 10. Rules regarding performance of 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
  • 11. Time as the essence of the contract  When time is of the essence.  When time is not of the essence.
  • 13. Appropriation of payments  Where the debtor intimates.  Where the debtor does not intimates & the circumstances are not indicated.  Where the debtor does not intimate & creditor falls to appropriate.
  • 14. Assignment of contracts 1. Act of the parties  Assignment of contractual obligations.  Contractual obligations involving personal skills & ability cannot be assigned.  A promisor cannot assign his liabilities or obligation under a contract.  Assignment of contractual rights. • The rights & the benefits under the contract not involving personal skills may be assigned. • An actionable claim can always be assigned. 2. Operation of law  Death  Insolvency