Contract Act, 1872: by Barkat Ali, Advocate District Courts & High Court

BUSINESS LAW & TAXATION
CONTRACT ACT, 1872
By Barkat Ali,
Advocate District Courts & High Court
CONTENTS:
1. Performance of Contract
2. Performance of Single Promise
3. Performance of Joint Promise
4. Remedy
5. Types of Remedy
6. Suit for Damages

Performance of Contracts
Performance Of Contract means the fulfilment of legal obligations created under the contract by both the
promisor & the promisee. When a Contract is duly performed by both the parties to the contract, the contract
comes to an end. The various rules regarding the performance of contracts are as under:
PERFORMANCE OF A SINGLE PROMISE:

A single promise is that promise in which there is one promisor & one promise
Who Can Demand Performance

In single promise the rules to demand performance are as under:
1. Promisee
2. Legal representative
3. Third Party
1. Promisee:
It is only the promisee who can demand performance of the contract. There is a rule
that a person cannot acquire rights under a contract to which he is not a party. A third
party cannot demand performance of the contract even though it was made for his
benefit.
Example:
Asif promises with Raina to pay Rs.500/- to Kamal. If Asif does not pay the amount to
Kamal, It is only Raina who can demand performance , Kamal cannot demand
performance from Asif.
2. Legal Representative:
In case of death of the promisee, his legal representatives can demand performance of
a contract unless a contract intention appears from the contract or the contract is of a
personal nature.
Example:
1. Akmal bought wheat from Babar, Babar died before recovery of price. In this case
legal representatives can demand performance.
2. Ashiq promises to propose Reham on day of Valentine, Reham dies on 13 th February

2020. The representatives of Reham cannot demand performance of promise from
Ashiq.
3. Third Party:
A third party can also demand the performance of contract in some exceptions cases.
Example:
Anil transfers some property to Anita under trust for the benefit of Mishal.
Mishal can demand the performance of contract from Anita
Who Must Perform?
A contract must be performed as under:
1. The Promisor Himself
2. The Agent
3. The Legal Representative
4. The Third Person

1. The Promisor Himself:
As a general rule, a contract must be performed by the promisor himself. But in case
of contract involving personal skills or taste, the promisor himself must perform the
contract. In case of death or disablement of a promisor, a contract will discharge.
(Laid down in Section 40)
Example:
Bisma promises to paint a picture for Adnan, Bisma must perform the promise herself
2. The Agent:
In a contract where no personal skills is involved, the promisor may employ a
competent person to perform it. In case of a contract to sell goods the promisor can
appoint an agent to perform the contract. (Section 40)
Example:
Anusha promises to sell goods to Basit. Anusha can ask her agent for performance.
3. The Legal Representatives:
In case of death of the promisor before performance, the liability of performance falls
on his legal representatives. In a contract involving personal skills, the legal
representatives of a deceased promisor are not bound to perform the contract. But in a
contract of impersonal nature, the legal representatives are bound to perform the
contract. They are liable to the extent of the estate of the deceased received by them.
They are not personally liable. (Section 37)
Example:
Danish promises to deliver mobile to Muskan on a day of Valentine of Rs. 10,000/-
Danish dies before that day. Danish’s representatives are bound to deliver mobile to
Muskan, and Muskan is bound to pay Rs.10,000/- to Danish’s representatives.
4. The Third Person:
A Contract can be performed by a third party, if the promise accepts the arrangement.
When a promisee accepts performance of the promise from a third person, he cannot
afterwards enforce it against the promisor. (Section 41)
Example:
Aneela borrows Rs. 5 Lac from Amish & promises to repay within a month. After few
days Kashif, the friend of Aneela pays Rs. 5 Lac to Amish. Aneela is discharge from
her liabilities
PERFORMANCE OF JOINT PROMISES
Two or more persons may enter into a joint agreement with one or more persons.
In such cases the question arises who can demand performance & who is liable to pay.
Example:
Amar, Akber & Anthony jointly promises to pay Rs.3,000/- to Tom, Dick & Harry
jointly. Following are the rules regarding performance in this case.
Who Can Demand Performance:
The rules to demand performance are as under:
1. Promises
2. Legal Representatives
1. Promises:
When a promise is made with several persons jointly, them, in the absence of any
agreement to the contrary, all the promises jointly can demand performance & a
single promisee cannot demand performance. (Section 45)
Example:
Danish borrows Rs. 5 Lac from Akber & Anthony. Only Akber & Anthony can
demand the performance jointly
2. Legal Representatives:
In case of death of any promisee, the legal representatives of deceased person jointly
with surviving promises can demand performance. When all promises are dead, the
legal representatives of all jointly can demand performance. (Section 45)
Example:
Danish borrows Rs. 5 Lac from Akber & Anthony. Akber dies. Akber’s legal
representative with Anthony jointly can demand the performance. On the death of
Anthony the representatives of Akber & Anthony can jointly demand performance..
Who Must Perform:
The rules to perform the contact are as follows:
1. All Promisors Must Jointly Fulfil the Promise
2. Any One Of Joint Promisors May Be Compelled To Perform
3. Each Promisor May Compel For Contribution
4. Sharing of Loss By Default In Contribution
5. Effect of Release Of One Joint Promisor

Who Must Perform:
1. All Promisors Must Jointly Fulfil the Promise:

When two or more persons make a jointly promise, then, unless a contrary intention
appears from the contract, all such persons must jointly fulfill the promise.
Example:
Tom Dick and Harry jointly promise to pay rupees 3000 to Danish. Tom Dick and
Harry must contribute rupees 1000 each and pay rupees 3000 to Danish. If Tom dies
then the representative of Tom are liable to pay rupees 1000 along with Dick and
Harry.
Who Must Perform:
2. Any One of Joint Promisors May Be Compelled To Perform:

Though the joint promisors are required to perform the promise jointly but, the
promisee may compel anyone of the joint promisors to perform the promise. In case
of death of original debtor, the promisee must bring the Suit against all the legal Heirs
of the debtors collectively. (Section 43)
Example:
Tom, Dick and Harry jointly promise to pay Danish rupees 3000. Danish may compel
either Tom or Dick or Harry or all or any two of them to pay.
Who Must Perform:
3. Each Promisor May Compel For Contribution:

If one of the joint promisor is compelled to perform the whole contract, he can ask
for equal contribution to the others; unless a contrary intention appears from the
contract. (Section 43)
Example:
If Tom is compelled to pay the entire amount of rupees 3000, he can recover from
Dick and Harry, rupees 1000 each.
Who Must Perform:
4. Sharing of Loss By Default In Contribution:

If anyone of the joint promisors makes a default in making contribution, if any, the
remaining joint promisors much beer the loss arising out of such default in equal
shares. (Section 43)
Example:
Tom Dick and Harry are under a joint promise to pay Danish, rupees 3000. Harry is
unable to pay anything and Tom is compelled to pay the whole. Tom is entitled to
receive Rupees 1500 from Dick
Who Must Perform:
5. Effect of Release of One joint Promisor:

In case of a joint promise, if one of the joint promisors is released from his liability by
the promisee, his liability to the promisee ceases but his liability to the other
promisors to contribute does not cease. (Section 44)
Example:
Tom, Dick and Harry are under a joint promise to pay rupees 3000 to Arshad. Arshad
releases Harry from liability. Tom and Dick remain liable to pay to Arshad. Harry is
not released from the liability to Tom and Dick. If Arshad recovers from Tom and
Dick, they can recover from Harry.
PERFORMANCE OF JOINT PROMISES:
Assignment Of Contracts:
Assignment means to transfer . Assignment of contract means to transfer of contractual

rights & liabilities to a third party. It may occur by following:
1. Act Of Parties
2. Operation Of Law
Assignment Of Contracts:
1. Act Of Parties:
It is subject to following rules.
i. Contractual Liabilities:
This is subject to the following rules;
a. Under section 40 of this contract involving personal ability of skills or qualification

cannot be assigned.
Example:
Painting of a picture by a painter. Thus, it is the state where one party cannot delegate
the act of performance to another.
b. A promisor cannot assign his liabilities under a contract. In other words a promisee
cannot be compelled to accept a third person to perform the promise,
Example:
Aysha owes rupees hundred to Bushra and Bushra owes the same amount to Kamran.
Bushra cannot ask Kamran to recover from Aysha
ii. Contractual Rights:
i. The right and benefits cannot be assigned, if they are of personal nature.
Example:
Alina owes Beena rupees 100. The creditor can transfer the rights to recover to
Sharukh from Alina.
ii. Contractual Rights:
ii. An actionable claim can be assigned only be an instrument in writing. Notice of such
assignment must also be given to the debtor.
2. Operation of Law:
This may take place in any of the following circumstances.
i. Death:
Upon the death of a party to the contract his rights and liabilities are assigned to his
heirs and representatives. But when the personal skills is involved the contractual
relations come to an end on the death of promiser.
ii. Insolvency:
In case of a party to the contract been declared insolvent, his rights and liabilities
under the contract are assigned to the official receiver or assignee as the case may be.
Reciprocal Promises:
Section 2 (f) provides that, “Promises which form the consideration for each other are
called reciprocal promises.”
In other words,
A contract consists of reciprocal promises when one party makes a promise in
consideration of a similar promise made by the other party.
Rules of Performance:
The rules of performance of reciprocal promises are as under:
(Section 51 to 54)
The rules of performance of reciprocal promises are as under:
(Section 51 to 54)
1. Mutual & Concurrent 2. Mutual & Independent
3. Prevention Of Performance 4. Conditional & Dependent
5. Legal & Illegal Reciprocal Promises 6. Alternative Promises Being Illegal

1. Mutual & Concurrent:

When the two promises are to the perform simultaneously, they are called mutual and
concurrent. In case of such promise, the promise and needs not perform his promise
unless the promisee is ready to perform his reciprocal promise (Section 51)
Example:
Atif and Basheer contract that, Atif shall deliver goods to Basheer at a price to be
paid by Basheer on delivery. Atif needs not deliver the goods unless Basheer is ready
to pay on delivery and Basheer need not to pay unless Atif is ready to deliver them on
payment
2. Mutual & Independent:

Where one party has to perform his promise independently without waiting for the
performance by other party are mutual and independent. Such promises must be
performed in the order fixed by the contract, and where the order is not expressly
fixed, they must be performed in that order which the nature of the transaction
requires (Section 52)
Example:
Tufail and Rana contract that Tufail shall build a house for Rana at a fixed price.
Tufail’s promise to build the house must be performed before Rana’s promise to pay
for it.
3. Prevention Of Performance:
When a contract contains reciprocal promises and one party to the contract prevents
the other from performing his promise, the contract becomes voidable at the option of
the party so prevented; and he is entitled to compensation from the other party for any
loss which he may sustain in consequence of the non performance of the contracts
(Section 53)
Example:
Asifa and Bilawal contract that Bilawal shall execute certain work for Asifa for Rs.
1,000 Bilawal is ready to do the work, but Asifa prevent him from doing so. The
contract becomes voidable at the option of Bilawal.
4. Conditional and Dependent:
Where the performance of the promise by one party depends on the prior performance of
the promise by the other party, the promises are conditional and dependent. If the
promiser, who is required to perform his promise in the first place, fails to perform it,
such promisor cannot claim the performance of the reciprocal promise, and must make
compensation to the other party to the contract for any loss with such other party may
sustain by the non-performance of the contract (Section 54)
Example:
Amit promises Bano to sell him 100 bags of wheat, to be delivered next day and Bano
promises Amit to pay within a month. Amit does not deliver. Bano’s promise to pay need
not to performed, & Amit must make compensation
5. Legal and Illegal Reciprocal Promises:

Where persons reciprocally promise, firstly to do certain things which are legal, and
secondly, under specified circumstances, to do certain other things which are illegal the
first set of promises is a contract, but the second is void agreement. (Section 57)
Example:
Asif and Bindu agree that, Asif shall sell Bindu a house for rupees 10,000, but that if
Bindu uses it as an gambling house, he shall pay Asif rupees 50,000 for it. The first set of
promises is a contract and the second set of promises is a void agreement.
6. Alternative Promises being Illegal:

In case of an alternative promise one branch of which his legal and other illegal, the legal
branch alone can be enforce (Section 58)
Example:
Aslam and Bisma agree that, Aslam shall Bisma Rs.100,000/- for which Bisma shall
delivers to Aslam either rice or opium. It it is a valid contract to deliver rice and illegal
agreement as to opium.
Time & Place of Performance:
Following are the rules about the times & place of performance of a contract:
1. Time Of Performance Without Application
2. Time & Place Where Time Is Specified
3. Application For Performance To Be At Proper Time & Place
4. To Appoint A Reasonable Place For Performance
5. Performance As Prescribed By The Promisee

Time & Place Of Performance:
1. Time Of Performance Without Application:

Where by the contract a promisor is to perform his promise without application by the
promisee, & no time for promise is specified, the engagement must be performed within a
reasonable time (Section 46)
Example:
Zahid promises to deliver goods at Nazia’s house on 14th-February at 12:00 am.
Zahid delivers good at specified place for time.
Zahid has performed the contract.
2. Time and Place Where Time Is Specified:

When a promise is to be performed on a certain day, and the promisor has undertaken to
perform it without application by the promisee, the promisor may perform it at any time
during the usual hours of the business on such day and the place at which the promise out
to be performed (Section 47)
Example:
Akber promises to deliver goods at Bilal’s warehouse on 1st January. On that day Akbar
bring the goods to Bilal’s warehouse but after the usual hours for closing it, and they are
not received. Akbar has not perform his promise.
3. Application For Performance To Be At Proper Time and Place:

When a promise is to be performed on a certain day, and promisor has not undertaking to
perform it without application by the promisee, it is the duty of the promisee to apply for
the performance at a proper place and within the usual hours of business. (Section 48)
Example:
Asif undertakes to deliver a thousand bags of wheat to Akhtar on a fixed day. Asif must
apply to Akhtar to appoint a reasonable place for the purpose of receiving it and must
deliver to him at such place.
4. To Appoint A Reasonable Place For Performance:

When a promise is to be performed without application by the promisee, and no place is
fixed for the performance of it, it is the duty of the promisor to apply to the promisee to
appoint a reasonable place for the performance of the promise, and to perform it at such
place. (Section 49)
Example:
Ashok agree to supply wheat of certain day, but no place was fixed for the delivery.
Ashok must ask Shams for the place of the delivery and supply at the place.
5. Performance As Prescribed By The Promisee:

The performance of any promise may be made in any manner, or at any time which the
promisee prescribes or sanctions. (Section 50)
Example:
Ali describe Basit, who owes him rupees 1,000 to send him a note for rupees 1,000 by
post. The debt is discharged as soon as Basit puts into the post a letter containing the note
duly address to Ali.
Time As Essence Of Contract:
The time as the essence of contract means that the time is an essential element and the
concerned parties must perform their promise within specified time.
Following are the rules in this regard.
1. When Time Is The Essence Of Contract
2. When Time Is Not The Essence Of Contract
3. Acceptance Of Delayed Performance

1. When Time Is The Essence Of Contract:

Where time is one of the essence of contract and the promisor fails to perform within
the fixed time, the contract becomes voidable at the option of the promisee. He may
revoke the contract and Sue for the breach. (Section 55)
Example:
Bilal agreed to deliver 20 bikes to Usman on 12th March 2020, But Bilal fail to deliver
by that time. The contract was voidable at the option of Usman.
2. When Time Is Not The Essence Of Contract:

Where time is not of the essence of the contract and the promisor fields to perform
within the fixed time, the contract remains valid and the promisee will have to accept
the delayed performance. But he can claim compensation for any loss caused to him
by the delay. The delay should be reasonable; otherwise the contract will become
voidable at the option of promisee. (Section 55)
Example:
Asif promises to supply 100 bags of sugar to Basit on 1st May, Asif supplies cement
on 9th May. Basit will have to accept the delivery. Basit can claim damages only.
3. Acceptance Of Delayed Performance:

When the promisee accepts the delayed performance instead of avoiding the contract,
he cannot afterwards claim compensation for any loss caused by the delay, unless, at
the time of accepting the delayed performance, he gives notice to the promisor of his
intention to do so. (Section 55)
Example:
Mirza promises to sell and supply bricks to Naveed on 5 February. Mirza delivers on
10 February. Naveed accepts the delayed delivery. He cannot afterwards claim
damages.
REMEDY
• When a party breaches a contract by refusing to perform his

promise the breach of contract takes place.
TYPES OF REMEDIES
Following are the remedies are available to the aggrieved party against the guilty party.
1. SUIT FOR RESCISSION
2. SUIT FOR DAMAGES
3. SUIT UPON QUANTUM MERUIT
4. SUIT FOR SPECIFIC PERFORMANCE
5. SUIT FOR AN INJUNCTION

REMEDIES FOR THE BREACH OF CONTRACT
1. Suit For Rescission:

It means a right to cancel the contract & not to perform obligations. When
one of the parties to a contract breaches the contract, the other party is
released from his obligations under the contract. If the aggrieved party
wants to sue the guilty party for damages for breach of the contract, he must
suit for rescission of the contract. When the court grants rescission, the
aggrieved party is free from his obligations & become entitled to
compensation (Section 75)
Examples:
Carel pledges ornaments to David & gets a loan. Carel does not return the
loan to David. David may rescind the contract & refuse to return the
ornaments on payment.
2. Suit For Damages:

The aggrieved party may Sue for damages. Damages are a monetary
compensation allowed to the injured party for the loss suffered by him as
a result of the breach of contract. In case of breach of contract, the injured
party is entitled to some damages which are as follows: (Section 73)
Kinds Of Damages:
The damages may be of following five kinds:
i. Ordinary Damages. ii. Special Damages.
iii. Exemplary Damages. iv. Liquidated Damages.
v. Nominal Damages.
i. Ordinary Damages:
These are also called general damages. When a contract is breached by any party, the
aggrieved party can recover from the guilty party the ordinary damages suffered by
him. Ordinary damages are those which naturally arises as the result of breach of
contract.
In other words, the aggrieved party can claim damages for loss which is the direct
result of such breach. In a contract of sale of goods, the damages payable are the
difference between the contract price and the market price at the date of breach. The
subsequent increase or decrease in the market price will not be considered. (Section
73)
Examples:
Anil contract to pay 1 Lac to Basit on 1st of March 2020. Anil does not pay on that
day. Basit as a result is totally ruined. Anil is liable to pay Basit only principal some
and interest on that.
ii. Special Damages:

These damages arises under some special circumstances. These damages include
indirect loss also which may arise due to breach of contract. The parties must be
aware of the loss which may arise from the breach of contract. It is important to note
that the notice to this effect must have been given to other party. If he had no
knowledge of such circumstances, he is not responsible for special damages.
Subsequent knowledge of special circumstances will not create special liability on
guilty party. (Section 73)
Examples:
Ateeq delivered his samples to NWR Co. for exhibition at New Castle. He wrote on
consignment “must be at New Castle on Monday certain”. Due to negligence the
goods reached after the show. The Co. was aware of the object of carrying the goods
there. Held Ateeq could claim special damages. (Simpson V/s London & N.W
Railway) (1878 1 QB 274)
iii. Exemplary Damages:
These damages are awarded to punish the guilty party for the breach of contract. The
breach of contract results in monetary loss to the aggrieved party and causes
disappointment. Exemplary damages have no place in law of contract and are not
recoverable. These are awarded in the following cases:
i. In case of breach of contract to marry, the amount of damages will depend upon
the extent of injury to the feelings of the party.
ii. In case of dishonour of acheque by a banker when there are sufficient funds to the
credit of the customer. The rule is, the smaller the cheque dishonoured, the greater
the damage.
Example:
OS Bank promised to give loan to Wasim for trip at LA by crediting his account, he
failed to do so. As a result Wasim’s cheques were dishonoured. The Court allowed
damages for mental sufferings. (Western V/s Olathe State Bank)
iv. Liquidated Damages:

When parties to a contract fix the amount of damages for the breach of contract at
the time of formation of contract, such damages are called liquidated damages.
Liquidated damages represent only a fair and responsible estimate of loss which a
party may suffer due to breach of the contract. Where a sum is agreed in the contract
to be paid by the defaulting party, in case of breach of contract, the court will allow
the reasonable damages, not exceeding the amount already agreed. If the actual loss
is more than the agreed amount, damages will be payable to the agreed amount.
(Section 74)
Examples:
Asif contracts to pay Rs. 20,000/- as damages to Basit. If he fails to pay him Rs.
500,000/- on a given day. Asif fails to pay on that day. Basit can recover damaged
not exceeding Rs. 20,000/-
v. Nominal Damages:
These are neither awarded to compensate the aggrieved party nor to
punish the guilty party. When the aggrieved party suffers no loss, the court
may award him nominal damages in recognition of his right. But the court
has discretion in this case. The court may refuse to award damages.
Examples:
Asif promises to sell cement to Ashraf for rupees 200 per bag. Asif does
not supply. At the time of breach, the market rate of cement is the same.
Ashraf is entitled to nominal damages.
3. Suit upon Quantum Meruit:
The term Quantum Meruit means payment in proportion proportion to the

work done on reasonable value of work done. Where a person has done
some work under a contract and the other party cancels the contract or an
event happens, which makes the performance of the contract impossible;
such party can claim remuneration for the work already done. The right to
claim for Quantum Meruit arises when the original contract is discharge.
If the original contract exists, the party not in default may sue for
Quantum Meruit. The aggrieved party may sue in the following cases:
a. When an agreement becomes subsequently void.

b. When there is a promise to render services but no agreement about
remuneration.
c. When something is done without any intention to do so gratuitously.
d. When the contract is divisible.
e. When the completion of the contract has been prevented by the other
party.
f. When an indivisible work is badly perform.
Example:
Bina contracts to build a 03 storey house for Ashok. When 01 storey is
constructed Ashok prevents Bina from working more. Bina can get
compensation for work done.
4. Suit For Specific Performance:

Specific performance means the actual carrying out of the contract by a party. In some cases where
the damages are not an adequate remedy the court may direct the guilty party to fulfill the contract.
The aggrieved party can sue for specific performance. It is granted in the following cases:
i. Where compensation in money is not an adequate remedy.
ii. Where it is difficult to calculate the actual damages.
iii. Where compensation in money cannot be obtained.
Specific performance is not granted in the following cases:
i. Where damages are not adequate remedy.
ii. Where the court cannot supervise the actual execution of the contract, e.g. a building
construction contract.
iii. Where the contract involves personal skills, taste & qualification e.g. contract to marry
iv. Where one of the parties is a minor.
4. Suit For Specific Performance:
Example:
Ayesha agrees to sell her plot of land to Kamran, who agrees to purchase it for
erecting his mill there. Due to certain inconveniences, Ayesha commits breach.
At the suit of Kamran, Ayesha is asked by the court to carry out the contract.
5. Suit For Injunction:

Injunction is an order of a quote restraining a person from doing
something which he promised not to do. It is a mode of securing specific
performance in the negative form. It is a prevention relief. It is a
discretionary remedy of the court. It is granted by the court where the
damages are not an adequate relief. It is appropriate in cases of
anticipatory breach of contract.
Examples:
Waseem agreed to sign at Lu’s theatre and for no one else. Afterwards
Waseem contracted Zubair to sign at another theatre and refused to sign
for Lu.
Held, Waseem could be restrained by injunction from singing for Zubair.
(Lumly V/s Wagner)
THANK YOU!

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BUSINESS LAW & TAXATION

CONTRACT ACT, 1872

2. Performance of Single Promise

3. Performance of Joint Promise

6. Suit for Damages

PERFORMANCE OF A SINGLE PROMISE:

Who Can Demand Performance

2. Ashiq promises to propose Reham on day of Valentine, Reham dies on 13 th February

A contract must be performed as under:

1. The Promisor Himself

3. The Legal Representative

4. The Third Person

Who Can Demand Performance:

The rules to demand performance are as under:

Who Can Demand Performance:

Who Can Demand Performance:

1. All Promisors Must Jointly Fulfil the Promise

2. Any One Of Joint Promisors May Be Compelled To Perform

3. Each Promisor May Compel For Contribution

4. Sharing of Loss By Default In Contribution

5. Effect of Release Of One Joint Promisor

1. All Promisors Must Jointly Fulfil the Promise:

2. Any One of Joint Promisors May Be Compelled To Perform:

3. Each Promisor May Compel For Contribution:

4. Sharing of Loss By Default In Contribution:

5. Effect of Release of One joint Promisor:

Assignment means to transfer . Assignment of contract means to transfer of contractual

a. Under section 40 of this contract involving personal ability of skills or qualification

1. Mutual & Concurrent 2. Mutual & Independent

3. Prevention Of Performance 4. Conditional & Dependent

5. Legal & Illegal Reciprocal Promises 6. Alternative Promises Being Illegal

1. Mutual & Concurrent:

2. Mutual & Independent:

5. Legal and Illegal Reciprocal Promises:

6. Alternative Promises being Illegal:

1. Time Of Performance Without Application

2. Time & Place Where Time Is Specified

3. Application For Performance To Be At Proper Time & Place

4. To Appoint A Reasonable Place For Performance

5. Performance As Prescribed By The Promisee

1. Time Of Performance Without Application:

2. Time and Place Where Time Is Specified:

3. Application For Performance To Be At Proper Time and Place:

4. To Appoint A Reasonable Place For Performance:

5. Performance As Prescribed By The Promisee:

Following are the rules in this regard.

1. When Time Is The Essence Of Contract

2. When Time Is Not The Essence Of Contract

3. Acceptance Of Delayed Performance

1. When Time Is The Essence Of Contract:

2. When Time Is Not The Essence Of Contract:

3. Acceptance Of Delayed Performance:

• When a party breaches a contract by refusing to perform his

2. SUIT FOR DAMAGES

3. SUIT UPON QUANTUM MERUIT

4. SUIT FOR SPECIFIC PERFORMANCE

5. SUIT FOR AN INJUNCTION

1. Suit For Rescission:

2. Suit For Damages:

ii. Special Damages:

iv. Liquidated Damages:

3. Suit upon Quantum Meruit: