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Performance of Contracts 🛠ïļ

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) ✋

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 🕰ïļ

  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 ðŸ’ļ

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 â‚đ3000. D can compel ANY ONE (say A) to pay the full â‚đ3000. A can then claim contribution from B and C (â‚đ1000 each).

Quiz Time! ðŸŽŊ

Test Your Knowledge

Question 1 of 5

1. If a contract involves personal skill (e.g., painting), who must perform?

Promisor himself
Agent
Legal Heir
Servant

ðŸ’Ą 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." ðŸŽĪðŸ§ą

Next up: Modes of Discharge - How does it end? 🔚

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