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.
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.
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