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Performance of contract.
Sec.37 provides that ‘the parties to a contractmust
either perform
, or 
offer to perform
,
 their respective promises, unless suchperformance is dispensed with or excusedunder the provisions of this Act or of anyother law.’
Thus a contract is said to be performed whenthe parties to it makes
1.Actualperformance
or 
2. Attempted performance( tender or offer)
 
Performance of contract….
 Actual performance:
A party to a contract issaid to have actually performed his promisewhen he has fulfilled all his obligationsunder the contract.
When a party to a contract offers to performhis obligations under the contract at proper time and place but the other party does notaccept the performance, it is known asattempted performance or a tender. A validtender is equivalent to actual performance.
 
Essentials of a valid tender of performance
It must be unconditional
It must be for the entire performance
The person making the tender must be willing to performand in a position to perform.
It must be made at proper time and place.
It must be made to a proper person i.e. promisee or hisauthorized agent.
It may be made to any one of several joint promisees.
The tender must provide a reasonable opportunity to theother party.
In case of tender of money, the debtor must make a validtender in the legal tender money.
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