Performance

of
Contract
 Performance of Contract :
MEANING

- When the parties to the contract fulfill their

obligations arising under the contract.
OR
- The parties to a contract must either
perform, or offer to perform their
respective promises, unless such performance
is excused.
Example :
• Ashok promises to deliver goods to
Babu on a certain day on payment of
Rs.1000. Ashok dies before that
day.
• Who can perform the contract?
Example :
• Ashok’s representative is bound to
deliver the goods to Babu who in
turn is bound to pay the amount to
Ashok’s representative.
Example :
Mr.A promises to paint a picture
for Mr.B by a certain day, at a
certain price. Mr.A dies before
the day.
Who can enforce the contract?
Example :
The contract cannot be
enforced either by Mr.A’s
representative or by Mr.B a sit
involves personal skill.
 Offer to perform/Attempted performance/
Tender
Meaning:
When the promisor offers to perform his
obligation under the contract at the proper
time and place but the promisee does not
accept the performance.
- promisor not responsible for non-performance
- nor doesn’t loose his rights under the contract
 By whom must contracts be
performed?
1. Promisor himself.
2. Agent
3. Legal representatives.
4. Third person.
5. Joint promisors.
 Time an Place of performance…
1. Where no application is to be made and no time is
specified.
2. Where time is specified and no aplication is to be
made.
3. Application for performance on a certain day and
place.
4. Application by the promisor to the promisee to
appoint place.
5. Performance in manner or at time prescribed or
sanctioned by the promisee.
 Assignment of contracts

Assign means ‘transfer’.

Assignment of a contract means transfer of contractual
rights and liabilities under the contract to a third
party with or without the concurrence of the other
party to the contract.