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Who Must Perform?

Promisor Himself:
If it appears from the nature of the contract that it was the intention of the parties that the promise contained in it should be performed by the promisor himself, such promisor must be performed by the promisor. In such cases, death of the promisor puts an end to the contract.


Agent:

Where the contract does not involve personal skill of promisor, the promisor or his representative may employ a competent person to perform it.


Legal Representative:

The contracts which do not involve any personal skill may be performed by his legal representative after the death of the promisor


Third Persons:

A Contract may be performed by a third person provided the promise accepts the arrangement. If the promise accepts performance of the promise from a third party, he cannot afterwards compel the promisor to perform th4e contract again.


Joint Promisors:

When there are joint promisors to a contract, the promise may, if not contrary provided in the contract, compel any one of them to perform the promise.

Joint Promisors

Performance Of Joint Promises

When two or more persons have made a joint promise, they are known as joint promisors. Unless a country intention appears from the contract, all joint promisors must jointly fulfill the promise. If anyone of them dies, his legal representative must, jointly with the surviving promisors, fulfill the promise. If all of them die, the legal representatives of all of them must fulfill the promisors jointly. If joint promisor does not discharged their obligation as per section 42 then provisions of section 43 will apply. Section 43 lays down three rules as regards performance of joint promise:

(i) Any one of the joint promisors may be compelled to perform: when there is no express agreement to the contrary, the promise may compel any one or more of such joint promisors to perform the whole of the promise.

(ii) A joint promisor compelled to perform may claim compensation: When one of the joint promisors has been compelled to perform the whole of the promise, he may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a country intention appears from the contract.

(iii) Sharing of loss arising from default of joining promisors: If any one of the joint promisor makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

 

Release Of Joint Promisor
Where two or more persons have made a joint promise, a released of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors neither does it free the joint promisors so released from responsibility to the other joint promisor or promisors.

 

Right Of Joint Promisees

“When a person has made a promise to two or more persons jointly, then unless a country intention appears from the contract, the right to claim performance rests with them during their joint lives, and after the death of any of them with the representatives of such deceased person jointly with the survivor or survivors, and after the death of the last survivor, with the representatives of all jointly.

 

Time And Place For Performance Of The Promise

 (i) Where no time of performance is specified: if no time is specified in a contract for the performance of the promise, the promise must be performed within a reasonable time.
NOTE: Reasonable time is a question of fact.

(ii) Where time of performance is specified: if a promise is to be performed ona specified date, the promisor must perform the promise on the day fixed during the usual business hours and at the place at which the promise ought to be performed.

(iii) Where no place of performance is fixed: when no place is fixed for the performance of a promise, it is the duty of the promisor to ask the promisee to fix a reasonable place for the performance of the promise and perform it at such place.

(iv) Where performance on application by the promisee. Where the promisor has not undertaken to perform the promise without an application by the promisee, and the promise is to be performed on a certain day it is the duty of the promisee to apply for performance at a proper place and with in the usual hours of business.





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