THE INDIAN CONTRACT ACT, 1872: PERFORMANCE OF CONTRACT (CHAPTER IV)
📄 THE INDIAN CONTRACT ACT, 1872: PERFORMANCE OF CONTRACT (CHAPTER IV) I. OBLIGATION & TENDER OF PERFORMANCE Sec. Topic Objective Principle (Ratio) Case Law / Note 37 Obligation to Perform Parties must perform or offer to perform their promises unless dispensed with or excused by law. The death of the promisor discharges contracts involving personal skill (Sec. 40). 38 Offer of Performance (Tender) The promisor is discharged if their offer is rejected. Tender must be unconditional , made at the proper time and place , and must allow the promisee a reasonable opportunity to examine the goods/services. Attempted Performance is legally equivalent to actual performance for discharging the promisor. 39 Refusal to Perform Wholly If a party wholly refuses to perform or disables themselves, the promisee may rescind the contract. This is the principle of Anticipatory Breach , allowing the promisee to sue immediately. II. PERFORMANCE BY WHOM & JOINT PROMISES Sec. Topic Objective Prin...