Performance

of
Contract
 Learning Outcome
• To understand the situations
and type associated with the
performance of contract
• To Comprehend the legalities
to perform a contract
 News
Who Pays When Contract Performance Is Excused Due to Covid-
19?
Covid-19 has given new relevance to the common law breach of
contract defenses of impracticability and impossibility of performance,
as well as force majeure contract clauses, under which contract
performance may be excused because of external events (like the
Covid-19 pandemic) not the fault of the parties.
Where such a defense is successfully invoked, however, the
consequences can potentially be inequitable—a party, for example,
could face a loss of expenses it laid out before the occurrence of the
event in anticipation of performance by the party whose performance is
excused.
 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 and Place of performance…
1. When no place and no time is specified.
 Time an Place of performance…

2. When time is specified but place is not specified

 Time an Place of performance…
3. When place is specified but time is not specified
 Time an Place of performance…

4. Performance of the promise where place is

specified, also, time is specified
 Time an Place of performance…

5. Performance of the promise where the time and

manner is prescribed
 MCQ
Where a party to a contract fails to perform at or
before a specified time and it was the intention of
the parties that time should be of the essence,
a)The contract becomes voidable
b)The contract does not become voidable but the
aggrieved party is entitled to compensation
c)The contract becomes void
d)None of these
 MCQ
A contract of personal nature can be
performed by:
a)The promisor
b)The agent
c)The legal representative
d)None of the above.
 MCQ
Liability of the joint promisor is:
a)Joint
b)Several
c)Joint and several
d)None of the above
 MCQ
If neither the debtor nor the creditor
appropriates the payment, the payment will
be appropriated:
a)As per the desire of the promisor
b)As per the desire of the promisee
c)In order of time
d)None of the above.
 MCQ
A, a singer enters into a contract with B, the manager of a
theatre to sing at his theatre two nights in every week
during the next two months and B engages to pay her ₹
100 for each night’s performance. On the sixth night, A
wilfully absents herself from the theatre.
a)B is at liberty to put an end to the contract
b)B cannot put an end to the contract
c)The contract is left at the liberty of A
d)None of these
 MCQ
If a contract is based on personal skill or
confidence of parties, the death of a party in
such a case:
a)Puts an end to the contract
b)Does not put an end to the contract
c)The representatives of the deceased can
be made liable to perform such a contract
d)None of these
 MCQ
If the performance of contract becomes
impossible because the subject matter of
contract has ceased to exist then :
a)Both the parties are liable
b)Neither party is liable
c)Only offerer is liable
d)Only acceptor is liable