Chapter 6 Performance of contract-I

Question 1

Discuss meaning of performance and its types?

Answer 1

Performance means fulfilling the promise made under the contract.
Types of performance:
Actual performance:
If a promiser actually performs the promise, and promisee accept it.
Attempted performance:
If a promiser offer to perform the promise in accordance with terms of contracts, but promisee does not accept it.

Question 2

Discuss effect of refusal to accept performance?

Answer 2

If tender of services and good is refused:
Contract become voidable at the option of promiser. If he rescind the contract he is discharged from his liability. He is not liable to deliver the good again.
Promiser can claim damage as compensation.
If tender of money refused:
Promiser is not discharged from his liability. He is still liable to pay money.
However, promiser is not liable to pay interest for delay of payment.

Question 3

What are the essential of a valid tender/offer of performance?

Answer 3

Following are the essentials of a valid tender:
Unconditional:
Tender is said to unconditional when it is made in accordance with the terms of the contracts.
At proper time:
Tender must be made at the specified time.
At proper place:
Tender must be made at the specified place.
To the proper person:
Tender must be made to the promisee or his agent.
According to terms and conditions:
Tender must be made in accordance with the terms of the contracts.
Reasonable opportunity to inspect:
Promisee should be given reasonable opportunity to check goods offered are same as agreed.
Foe whole obligation:
Tender must for the whole obligation not for a part of obligation. However, a minor deviation from the terms of the contract does not make the tender invalid.
Of exact amount and in legal tender:
In case of tender of money, it must of exact amount and in legal tender.

Question 4

Discuss appropriation of the contract and also its rules?

Answer 4

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportinatley.

Question 4

Discuss appropriation of the contract and also its rules?

Answer 4

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportinatley.

Question 4

Discuss appropriation of the contract and also its rules?

Answer 4

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportinatley.

Question 5

Discuss appropriation of the contract and also its rules?

Answer 5

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportinatley.

Question 6

Discuss appropriation of the contract and also its rules?

Answer 6

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportinatley.

Question 7

Discuss appropriation of the contract and also its rules?

Answer 7

Appropriation of contract means making allocation of current payment between previous debts.
RLES OF APPROPRIATION OF PAYMENT:
1. If debtor intimates which debt to settle, payment must be made to discharge those debts.
2. If debtor does not intimates which debts to settle creditor can adjust any previous debt.
3. If no party make appropriation, previous debt shall be adjusted in the order of time.
. If debts occurred on the same day then they shall be adjusted proportionately.
. If principal and markup both are due, then markup is settled first.