Performance of a contract India
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PERFORMANCE OF A CONTRACT
Who must perform?
Parties to the contract must perform their respective promises. Parties are excused from performance when such performance is excused under any provision of the Act or under any law. In case of personal contract, the promises are to be performed by the promisor personally.
In case of non-personal contracts by the promisor personally or by a third person on behalf of the promisor and in the event of the death of the promisor by his legal representatives.
Tender of performance: Tender of performance is an offer of performance.
Essentials:
(1) It must be unconditional (2) It must be made by the promisor or his representative
(3) It must be made at a proper and reasonable time and place (4) It must offer reasonable opportunity to ascertain that a person is willing to fulfill his promise
(5) It must offer reasonable opportunity to see that the thing offered is what the promisor is bound to deliver. (6) In case of joint promise, offer by one or more joint promisors is sufficient
(7) It must be made to the promisee or his agent.
In the event of refusal to accept the offer of performance, the other party is excused from performing his part of the promise. He also can claim his rights under the contract...