Indian Contract Act 1872 - Performance of Contracts

Performance of Contracts

The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative.

1. Promisor himself: "The contracts which involve the exercise of personal skill must be performed by the promisor himself.

2. Agent: "Where personal skill is not required, the promisor may appoint his agent to perform it.

3. Representatives: "On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract.(section 37)

4. Third persons: "When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor".

5. Joint promisors: "When two or more persons have made a joint promise, all such persons must jointly fulfil the promise, unless a contrary intention appears from it".

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