chap06

Question 1

Types of Performance

Answer 1

Two Types:
1. Actual Performance
2. Attempted/Tendered Performance
(promisor offered, but promisee refused
to accept)

Question 2

Effect of refusal to accept:

Answer 2

Tender of goods/services:
Contract is voidable.
Damages.

Tender of money:
Liable to pay money, but not interest

Question 3

Essentials of Valid Tender

Answer 3

1. Unconditional
2. At specified or reasonable time (on a
   working day within usual hours)
3. At specified place. If place not specified,
   Promisor asks promisee and Promisee specifies a
   reasonable place.
4. To Proper Person (promisee or his agent)
5. As per Terms and Conditions
6. Opportunity to Inspect
7. Whole Obligation
8. Exact Amount in Legal tender

Question 4

Rules of Appropriation

Answer 4

1. As intimated by debtor (express or implied)
2. If not intimated, as wished by creditor, any previous
   debt whether time-barred, but not disputed
3. If neither makes appropriation,
   a. Adjustment in order of time.
   b. first mark-up, then principle.

Question 5

Modes of Discharge of a Contract

Answer 5

*by actual performance
*by mutual agreement
*by imposibility
* By Breach of contract
[one party willfully does
not perform promise)

Question 6

By Mutual Agreemant

Answer 6

1. Novation [making new contract in place of old contract]
2. Alteration [making material changes in contract]
3. Recission [cancelling contract without making new contract]
4. Remission [accepting lesser consideration in place of full]
5. Waiver [surrendering whole right]
6. Promisee’s refusal/neglect [not providing facilities to promisor]

Question 7

Initial Impossibility

Answer 7

[at time of agreement –> void ab

initio + Damages if a party knew]

Question 8

Supervening Impossibility

Answer 8

[after making contract –> void +

Restore Benefits]

Question 9

Examples causing Supervening Impossibility:

Answer 9

1. Destruction.
2. Death or Personal incapacity.
3. Alien enemies.
4. Change of law.
5. Non-occurrence of contingent things

Question 10

Examples NOT causing Supervening Impossibility

Answer 10

:

1. Strikes, Lockdowns etc. (unless agreed)
2. Default of a Third Party.
3. Difficulty of Performance
4. Commercial Impossibility
5. Partial Impossibility

Question 11

By Breach of contract

Answer 11

[one party willfully does

not perform promise

Question 12

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