Performance of contract means fulfilling of the terms of

the contract by the respective parties to the

contract. The act lays down that the parties must
either perform or offer to perform, their respective
promises unless performance is dispensed with or
excused under the provisions of this act or of any
other law. It means performance can either be-

1. Actual Performance-by fulfilling all the obligations

by the parties under the contract. The actual
performance discharges the contract as well as
discharges the liabilities of the parties.
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 2.Attempted Performance / Tender of
Performance / Offer of Performance-An
attempted performance means the promisor
ha made an offer to perform a promise to the
promisee but it has not been accepted. The
attempted performance is known as tenders.
If it is a valid tender it discharges the party
who is not at fault.

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1. It must be unconditional
2. It must be made at proper time and place
3. A person to whom the tender is made must
be given opportunity of inspection of goods
or articles
4. The tender must be whole and not of the
part
5. The tender must be in proper form – tender
of money in current coins
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6. The tender must be made to proper person
7. Tender for the delivery of goods must be for
the quantity and quality as stipulated in the
contract
8. A tender made to one of the several joint
promisees has the same legal consequences
as a tender to all of them

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 It is only the promisee who can demand
performance of the promise. The general rule
is that a person cannot acquire rights under a
contract to which he is not a party.

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1.By the Promisor
2.By the legal representative
3.By the Agent or third party
4 By joint promisor
 If it appears from the nature of the case that it
was the intention of the parties to any contract
that any promise contain in it should be
performed by the promisor himself, such
promise must be performed by the promisor.
The contract involving personal skill or personal
trust and confidence must be performed by the
promisor himself.
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A promises to paint a picture for B by a certain day at a certain price. A dies
before the day. The contract cannot be enforced either by A
representatives or by B. Since painting picture is a personal skill

2.By legal representatives- The contract which does not involve any
personal skill may be performed by the legal representatives of the
promisor on the death of the promisor. However the liability of the legal
representatives under the contract is limited to the value of the property
inherited. The legal representatives does not have any liability under the
contract if the terms and conditions of the contract provide so.
 E.g A promises to deliver goods to B on a certain day on payment of Rs
1000.A dies before that day.A representatives are bound to deliver the
goods to B and B is bound to pay Rs 1000 to A representatives.
 3.By Agent-The agent of the promisor employed for the purpose could as
well perform the contract. But such agent must be competent enough to
perform the contract.
 E.g A has promised to pay a sum of Rs 50000 to B.In this case either A
may the amount to B personally or he may even arrange for the
payment of the amount by someone else.

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 When two or more persons make a joint promise,
the promisee may, in the absence of express
agreements to the contrary, compel any one or
more of such joint promisors to perform the whole
promise.
 Each promisor may compel contribution : Each of
two or more joint promisors may compel every
other joint promisor to contribute equally with
himself to the performance of the promise, unless a
contrary intention appears from the contract.
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 Sharing of loss by default in contribution : If
any one of two or more joint promisors make
default in such contribution, the remaining joint
promisors must bear the loss arising from such
default in equal shares.
 Explanation: Nothing in this section shall
prevent a surety from recovering, from his
principal, payments made by the surety on
behalf of the principal, or entitle the principal to
recover anything from the surety on account of
payments made by the principal.
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 Where two or more persons have made a joint
promise, a release of one of such joint promisors by
the promisee does not discharge the other joint
promisor, neither does it free the joint promisor so
released from responsibility to the other joint
promisor or joint promisors.

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 When a person has made a promise to two or
more persons jointly, then unless contrary
intention appears from the contract, the right to
claim performance rests, as between him and
them, with them during their joint lives, and,
after the death of any one of them, with the
representative of such deceased person jointly
with the survivor or survivors, and, after the
death of the last survivor, with the
representatives of all jointly.

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