TENDER OF

PERFORMANCE
Section 38
When the parties to a contract offer to perform their
respective promises, it is a tender or offer of performance.

ESSENTIALS OF A VALID TENDER OF

PERFORMANCE

1. It should be of a proper quality

2. It should be of proper quantity
3. It should be at a proper place
4. It should be at a proper time
5. It should be unconditional
 ANTICIPATORY BREACH OF
CONTRACT
Section 39

Where a party to a contract has refused to perform or

has disabled himself from performing his promise in
its entirety, the promisee may put an end to the
contract, unless

he has signified by words spoken or written or by

conduct his acquiescence in its continuance.
 DOCTRINE OF FRUSTRATION
1. PARADINE V/S JANE
2. SUPERVENING IMPOSSIBILITY
3. CASES

a) Destruction of subject matter

b) Non occurrence of expected events

c) Govt. regulations

4. EFFECTS OF FRUSTRATION

1) Future obligations are put to an end

2) In respect of obligations already incurred, a right of compensation accrues to the

party performing the obligations
 DOCTRINE OF NOVATION
 SECTION 62
The parties to the contract may agree to substitute a
new contract for it or to rescind or alter it. The
original contract need not be performed.

Consent of parties to the old as well as new contract is

necessary.