Performance of Contract 2

Question 1

Who can perform contract

Answer 1

1- Case of single promisor
- Promisor
- Agent or legal representative
Exceptions:
- Contract of personal nature
- Promisor himself perform

2- By third party (with consent of promisee)

Question 2

Rules of joint promise

Answer 2

1- Liability to perform joint promise (Jointly and severally)
2- Liability in case of default (other promisor will bear loss)
3- Liability in case of death (devolution) (legal representative are liable)
4- Release of joint - promisor
- joint promisor not discharge
- liable to other promisor

Question 3

Right to demand performance

Answer 3

1- joint promisees can claim together
2- One promisee cannot demand performance

Question 4

If time and place is specified

Answer 4

Contract performed at specified time and place

Question 5

If time is not specified

Answer 5

• On working day, within usual business hours
• At reasonable time (Question of fact)

Question 6

If place is not specified

Answer 6

• Promisor asks
• Promisee specify reasonable place ( Question of fact )

Question 7

Order of performance of reciprocal promises
(Rules regarding performance of reciprocal promises)

Answer 7

1- Promises performed simultaneously (Mutual and Concurrent)
- Performed simultaneously
- Not by one-Not by other

2- Order of performance is fixed (Mutual and dependant)
- Perform in specified order
- Not by one-not by other

3- Order of performance is not fixed (Mutual and independent)
- Perform in order which nature of transaction requires

4- Legal and illegal
- Alternative promises (legal and illegal) , only legal part can be enforced
- Different agreement (first legal and then illegal) , legal set can be enforced

5- Refusing party to perform promise
- One party prevent other to perform

Question 8

Remedies for non - performance

Answer 8

• Contract becomes voidable
• Damages for breach
• Compensation (for part already performed)

Question 9

Consequences of non - performance
(Time is Essence)
(Agreed , Injury , Nature)

Answer 9

• Voidable
• If party rescinds , it can sue for breach of contract
• party can claim compensation (Provided , Notice is given at time of acceptance)

Question 10

Consequences of non - performance
(Time is not essence)

Answer 10

• Not voidable
• party can claim compensation