1. 15. case• Savita bid for a Mumbai- Bangalore ticket for nov 7 for Rs 3700 .

She received an
email from the internet site announcing that she is the highest bidder .PNR no was
generated and her credit card was charged with the amount.• she was going to Bang lore to
attend her job interview. The co postponed the interview• She immediately informed the
internet site and airlines through mail, phone and fax that she would not be able to go for the
interview .so her money should be credited back. Decide
2. 16. Performance of contract u/s 37• A contract creates an obligation which continues till the
contract has not been discharged.• It means when both the parties to contract fulfill their
respective legal obligation within time and the manner prescribed.• It means the contract
comes to a happy ending.
3. 17. Performance of contract ..Actual performanceAttempted performanceor tender of
performance
4. 18. Actual performance• When both the parties have performed their respective promises the
contract is said to be actually performed. in case of death of the promisor ,the legal
representatives are bound to perform the contract
5. 19. Attempted performance u/s 38Sometimes if the promisor offers to performhis obligation
on proper time and place but the promisee does not accept it is called attempted
performance.
6. 20. Essentials of a valid tenderIt must be unconditionalIt must be at proper time and placeIt
must be in the proper formIt must be made to the proper personThe tender must be for the
whole not in partsReasonable opportunity to inspecting the goodsIt must be by the person
who is in position and willing to perform
7. 21. Contracts which need not be performed• If the parties to contract agree to NOVATION
OR ALTERATION. The original contract disappears.(u/s 62)• If the parties agree for
REMISSION. It means parties agree to remit performance either wholly or in part.(u/s 63)• If
the party on whose option the contract is voidable rescinds it ,the other party need not to
perform.(u/s 64).• If the failure is caused by promisees neglects or refusal .(u/s 67).
8. 22. By whom the contract must be performed ?• By the promisor himself- e.g. painting a
picture, singing in a theatre.• By the agent-A had to give some money to B on his behalf A ‘s
agent can also give money to B.• By the legal representative- in the above case if A dies ,the
burden comes on legal representatives.• By third person-if a promisee accepts performance
from third party. he can not enforce promisor to