Performance Of A Contract

A contract is made to get the jobs done and to obey what all is written in the terms and conditions of that contract. So to perform that particular contract, reciprocal promises are made. Both the parties of the contract should perform and they should offer to perform their respective promises. The representatives of the promise are bound to complete the contract if the very individual who promised to perform the contract dies. Also, if the performance of the contract is based on personal skill, then the representatives of the promisor are not bound to complete that promise mentioned in the contract as they do not have that skill in them. The promise must accept the performance of the contract if the promisor is willing to perform his promise or is offering to perform his promise. If the promise doesn’t accept the offer of the promise then, the promisee cannot be blamed for non-performance of the contract. Another important question is that who should perform the contract, so the answer to this is that if the promise in the contract involves some sort of personal skill, then the contract is to be performed by the promisor himself but if there is no such sort of a personal skill required in that contract, then the contract can be performed by any other competent person who is appointed by the promisor or his representatives.

In many cases, there are joint promisors. Section 42, 43 and 44 deal with such cases. The liability of the joint promisor is joint and several. The promisee, may in the absence of an express agreement to the contrary, compel any one or more of such joint promisors to perform the whole of the promise. If one joint promisor makes default in making contributions, the remaining joint promisor must bear the loss arising from such default in equal shares. There can also be contributions among joint promisors which mean that if one joint partner is made to pay more than his share then he can claim the extra share he put from the other joint partners. When the promise has been made in favour of several persons, then the right to claim performance lies with all of them during their joint lives, and after the death of any of them, the right can be enforced by the representative of such deceased person jointly with survivors and after the death of the last survivor, the representatives of all, jointly can enforce the right. There may be a condition of the effect of the failure of a contract when it is not done on time. Time is the essence of a contract in many cases and such case if the contract is not performed in time, then the other party has the right to cancel that particular contract and in the cases where time is not the essence of the contract, then both of the parties can mutually agree upon postponing the date of completion of the contract. Appropriation of payments is included under section 59-61. 59 tells us that if a debtor wants to pay a particular debt from various debts that he has from one person, then after his payment is accepted, he has the right to do so. Section 60 tells us that if there is no intimation of payment of a particular debt, then the creditor has the right to write off that amount from any of the debts that are due. Section 61 tells us that if there is no intimation from both of the parties regarding clearing of the debt, and then the debt is cleared according to the period. Like the oldest debt is written off first in such case.