PERFORMANCE

OF CONTRACT
JAVARIA QAIS JOIYA
UCP, LAHORE
 Meaning and definition
Performance of contract means the fulfillment
of legal obligations created under the contract
by both the promisor and promise. When a
contract is duly performed by both the parties,
the contract comes to an end.
Performance of Single Promise

Promise:
It is only the promise who can demand
performance of the contract. A person cannot
acquire under contract to which he is not a party.
At third party cannot demand performance of the
contract even through it was made for his benefit.

Example:-
A promises B that A will pay Rs.500 to C. A did not
pay to C. only B can demand demand performance
from A. C cannot demand performance from A.

 Legal representative
In case of death of promise, his legal
representative can demand performance pf a
contract unless a contrary intention appears
from the contract or the contract is of a
personal nature.
Exapmles
C bought rice from B. B died before the
recovery of payment. Legal representative of B
can demand performance.
 third party
A third party can also demand the performance
of contract in some exceptional cases, e.g
beneficiary in case of a trust, assignee of
contract etc.
Example:
A transfers property to B under trust for the
benefit of M. M can demand the performance of
contract from B.
Performance of Contract:
A contract must be performed as under:

Promisor:
A contract must be performed by the promisor
himself. In case of contract involving personal
skill or taste, the promisor himself must perform
the contract. In case of death or disablement of
a promisor, the contract will be discharged.
Example:
A Promises to paint a picture for B. A must
perform the contract himself.
 Agent:
In a contract where no personal skill is involved,
the promisor may employ a competent person
to perform the contract. In a contract to sell
goods, the promisor can appoint an agent to
perform the contract.
Example:
A Promisor to sell goods to B. A can appoint his
agent for performance of contract.
 Legal Representative:
If the promisor dies before performance, his legal
representatives become liable to perform the contract.
In a contract involving personal skill, the legal
representatives of a deceased promisor are not bound
to perform the contract, but in a contract of impersonal
nature, the legal representatives are bound to perform
the contract. Legal representatives are liable to the
extent of the estate of the deceased received by them.
Examples:
a promise to paint a picture for B on a certain day. A
dies before that day. The contract cannot be enforced
against the legal representatives of A.
 Third Person:
When a promise accepts performance of the
promise from a third person, he cannot
afterwards enforce it against the promisor.
Example:-
A borrows Rs. 2 lac from B and promises to
repay within a month. C, the father of A, pays
Rs 2 lac to B. a is discharged from his liability.
Performance of joint promise

In a joint promise, two r more persons either

into a joint agreement with one or more
persons. The rules regarding demand for
performance and performance of contract are
as follows:
 Promise:-
When a promise made with several persons
jointly, yhen in the absence of any agreement
to the contrary all the promises jointly can
demand performance and a single promise
cannot demand performance{sec.45}
Example:-
A borrows Rs 2 lac from B and C. only B and C
can demand the performance jointly
 Legal Representative:-
In case of death of any promise, the legal
representatives of deceased person jointly with
surviving promise can demand performance.
When all promises are dead, the legal
representatives of all jointly can demand
performance. {sec 45}
Example:-
A borrows Rs. 5 lac from B and C. if B dies, Bs
legal reprentstive and c jointly with surviving
performace. If C dies, Cs legal representative
and B jointly can demand and performance.
Performance of contract
The rules regulating performance of
contract are as under
All Promisors
When two or more persons make a joint promise, then
unless a contrary intention appears from the contract,
all such persons must jointly fulfill the promise jointly
dies, his legal representatives must fulfill the promise
jointly with the surviving promisors. On the death of
all the original promise the legal representatives of all
of them must jointly fulfill the premise.
Example ;
A B & C jointly promise to pay Rs. 30,000 to D. A B &
C must contribute Rs. 1,000 each. If A dies, then legal
representatives of A are liable to pay Rs. 1,000 along
with B & C.
 2. Any one of promisors
Although the joint promisor are required to
perfrom the promise jointly but the promise
may compel any one of the joint promoors to
perform the promise. In case of death of original
debtor, the promise must bring the suit against
all the heirs of the debtors.
Example
A, B and C jontly promise to pay D, Rs. 3000. D
may compel either A or B or C or any two or all
of them to pay.
 3. Demand of contribution
If one of the joint promior is compelled to
perdorm the whole contract, he may cmpel
every other joiny promisor to contribute equally
to the performance of contract unless a
contrary intention apperars from the contact .
Example
A, B and C jointly promise to pay D, Rs. 3000 to
D. if C is unable to pay anything, then A and B
must pay Rs.1500 each.
 4. Default in contribution:-
If any one of the joint promisors makes a
default in making contribution, if any, the
remaining joint promisors must bear the loss
arising out of such default in equal share.
Example
A, B and C are under a joint promise to pay Rs.
3000 to D. if C is unable to pay anything, then A
and B must pay Rs. 1500 each.
 5. Release of promisor:-
In case of a joint promise , if one of the joint
promisors is released from his liability by the
promisee, his liability to the promise ceases but
his liability to the other promisors to contribute
does not cease.
A,B and C are under a joint promise to pay Rs.
3000 to X. X releases C from liability A and B
remain liable to pay to X. C is not released from
the liability to A and B. A and B can recover
from C