PERFORMANCE
OF CONTRACT
According
to sec 37,
performance of contract means fulfilment of legal obligations created under the
contract by both the parties i.e. promisor and promisee.
WHO
MAY PERFORM A CONTRACT
1. Promisor Himself: contracts which involve the personal skill,
experience and diligence of promisor himself. For eg. A contract for painting,
singing in a concert, contract of a marriage that need to be performed by
promisor himself. Take an eg. A has confidence that B is a good artist and he
contracts to get a painting done by B for a certain price. Here, the
performance of the contract must be done by B himself and nobody else.
2. Agent: where personal ability does not required of a promisor,
the performance can be by promisor or
his agent.For rg. If A promises to give a sum of money to B, it is not
essential that he should personally give such sum to B, he can also ask a third
party to give money to B.
3. Representatives: If a promisor dies before performing his
contract, then in such case the legal representative of a deceased promisor is
bound for such performance. For eg. If A promises to deliver goods to B for a
certain price on a certain date and dies
before date then his representative is bound by law to deliver the goods to B
on behalf of A and B is bound to pay the price to representative on behalf of
A.
4. Third party: When a promise accepts performance of the
promise from a third party then he cannot afterwards enforce it against the
promisor. In the eyes of law, when a third party carries out an obligation on
behalf of a promisor, such performance should either be authorised by promisor
or it should be ratified by him after the performance by the third party.
WHO
MAY DEMAND PERFORMANCE
1. Promisee: may demand a
performance from promisor according to the terms of the contract.
2. Agent: can always take
necessary action to demand performance or enforce the contract on behalf of
promise.
3. Legal representative: In
case of death of promise before performance of contract, he has full right to
demand for the performance.
