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Persons who can perform the contract

The following are the persons who must perform the contract

The promisor

Generally, the contract shall be performed by the promisor himself. When the contract is of a personal nature, only the promisor can perform it and cannot be assigned to someone else.



John promises to paint a picture of Joker. John must perform this promise personally, because painting pictures involves application of personal skill.


Note: A contract which involves personal skill comes to an end with the death of the promisor.

The agent

In case of impersonal contracts, the promisor can perform his obligations through an agent also. The actions of the agent shall be binding upon the principal.

The legal representative

On death of promisor, the contract which does not involve any personal skill may be performed by the legal representative of the promisor. Legal representative is only liable to perform in case of transaction of impersonal nature and such liability extends only to the extent of property inherited. The legal representative cannot be made personally liable to honor such debts.



Lucky promises to deliver goods to Ramu on a certain day, on the payment of ₹ 10,000. Lucky dies before that day. Lucky’s representatives are bound to deliver the goods to Ramu and Ramu is bound to pay ₹ 10,000 to Lucky’s representatives.


Note: The liability of the legal heir is limited to the value of the property left by the deceased person.



If a successor inherits liabilities worth ₹ 40,000 and assets worth only ₹ 25,000, then this amount of ₹ 25,000 shall be used to pay off the creditors proportionately. The successor will not be liable for the remaining ₹ 15,000.

A third person

The promisee may accept the performance of a contract from a third person, who may not be the agent of the promisor. According to Sec. 41, when a promisee accepts the performance of the promise from a third person, he cannot enforce it against the promisor later.



Ram, who has to recover ₹15,000 from Rahim, accepts ₹ 11,000 from a third person, Robert, in full satisfaction of his claim on Rahim. This payment is a discharge of the whole claim. Ram cannot enforce this contract against Rahim anymore.

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