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Person who can demand performance of the contract

A contract’s performance may be demanded by any one of the following:

The promise

The promisee is primarily the person who can demand the performance of the promise, according to the terms of the contract, irrespective of the fact that the promise is to benefit the promisee or any other person.

 

Example

Amar promises Akbar to pay ₹ 1,000 to Anthony. Amar does not pay the sum to Anthony. Here Anthony cannot bind Amar for the payment. It is only Akbar (promisee) who can demand the performance and not Anthony.

The agent

An agent of the promisee can demand performance of the contract on behalf of the promise under certain circumstances. The right to claim performance by an agent depends on his authority. The instances when the agent can demand performance of the contract on behalf of his principal are mentioned in the Indian Contract Act under the rules of agency.

The legal representative

In case of death of the promisee before the performance of an impersonal contract, the contractual rights may pass to the legal representative and such a person may demand the performance of the contract.

Third person

In certain cases even third person can demand performance of the promise. Such is generally seen in cases where the beneficiary claims the performance of the promise.

 

Example

In case of contracts of insurance the legal assignee of the deceased person can claim from the insurance company.





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