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Performance of Contracts ๐Ÿ› ๏ธ

Definition: Fulfilling the respective legal obligations created under the contract.

Who can perform?

  1. Promisor himself: If personal skill is involved (e.g., Painting, Singing).
  2. Agent: If no personal skill involved.
  3. Legal Representative: In case of death (unless personal skill involved).

Tender (Attempted Performance) โœ‹

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 ๐Ÿ•ฐ๏ธ

  1. No time specified: Reasonable time.
  2. Day specified: During usual business hours.
  3. Place: At the usual place of business or as agreed.
  4. Rule: It is the duty of the Debtor to find the Creditor and pay.

Appropriation of Payments ๐Ÿ’ธ

If a debtor owes multiple debts and makes a payment:

  1. Express Intimation: Debtor says "This is for Debt A".
  2. Implied: Circumstances show it.
  3. 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 โ‚น3000. D can compel ANY ONE (say A) to pay the full โ‚น3000. A can then claim contribution from B and C (โ‚น1000 each).


Quiz Time! ๐ŸŽฏ

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๐Ÿ’ก 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." ๐ŸŽค๐Ÿงฑ

Next up: Modes of Discharge - How does it end? ๐Ÿ”š