Demand Of Performance Under Contract Laws

1. INTRODUCTION:

The fulfillment of the legal obligation in a contract is called performance of the contract. Chapter vi of the contract Act deals with the performance of the contracts.

2. OBLIGATION OF PARTIES TO

UNDER CONTRACT ACT:

According to sec 37 of contract Act. The parties to 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 any Other law.

3. DEMAND OF PERFORMANCE:

Following persons can demand performance of the contract.

(I) PROMISEE:

Promise can demand the performance of the contract.

> Example:

A promise to B to pay 1000 Rs to C. If A does not Pay the amount to C. It is only B who can demand performance of Contract By A who made promise.

(II) LEGAL REPRESENTATIVE:

If promise dies, his legal representative can demand the performance of the contract.

> Example:

A borrowed some money from B. B died – 1 The legal representative of B can demand the performance of the contract.

4. BY WHO CONTRACT MUST BE PERFORMED:

Contract must be performed by the following persons.

(I) THE PROMISER HIMSELF:

Contract may be performed by the promiser. Either himself or through other competent person.

> Example:

A promises to paint a picture for B. A must perform the promise himself.

(II) AGENT:

Contract may be performed by Agent of the promisor.

> Example:

A promise B to sell goods A may perform his promise himself or through his agent.

(III) LEGAL REPRESENTATIVE:

Contract may be performed by legal representative.

> In Case of Personal Skill:

In case of contract involving personal skill, the legal representative of deceased arc not bound to perform the contract.

> In Case of Not Personal Skill:

In case of contract not involving personal skill but impersonal nature the legal representative are bound to perform the contract.

(IV) THIRD PERSON:

When a promise accepts performance of contract form a third person he can not afterward enforce it against the promisor.

> Example:

A borrows Rs 5 Lac from B and promises to repay within a year. After few months C the brother of A pays Rs 5 Lac to B. B accepts the money. A is discharge from the liability to pay.

5. CONCLUSION:

To conclude I can say that. The parties of contract must fulfill their contractual obligations. If contract is not performed with in specified time, it will be terminated.



Source by Chaudhry Omar Ejaz