Performance of Contracts ๐ ๏ธ
Definition: Fulfilling the respective legal obligations created under the contract.
Who can perform?
- Promisor himself: If personal skill is involved (e.g., Painting, Singing).
- Agent: If no personal skill involved.
- Legal Representative: In case of death (unless personal skill involved).
Tender (Attempted Performance) โ
If the Promisor offers to perform, but the Promisee refuses to accept, it is called Tender. The Promisor is then discharged from liability.
Rules regarding Time and Place ๐ฐ๏ธ
- No time specified: Reasonable time.
- Day specified: During usual business hours.
- Place: At the usual place of business or as agreed.
- Rule: It is the duty of the Debtor to find the Creditor and pay.
Appropriation of Payments ๐ธ
If a debtor owes multiple debts and makes a payment:
- Express Intimation: Debtor says "This is for Debt A".
- Implied: Circumstances show it.
- Clayton's Rule (FIFO): If nothing said, apply to the oldest debt first (even time-barred ones).
Joint Promisors
If A, B, C promise to pay D โน3000. D can compel ANY ONE (say A) to pay the full โน3000. A can then claim contribution from B and C (โน1000 each).
Quiz Time! ๐ฏ
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๐ก Final Wisdom: "If you hire Arijit Singh to sing, he cannot send his assistant. But if you hire a builder, he can send his workers." ๐ค๐งฑ
Next up: Modes of Discharge - How does it end? ๐