Coupon Accepted Successfully!


Types of performance

From the analysis of Sec 37 it is revealed that the Performance may be of two types’ namely actual performance and attempted performance.

Actual performance

An actual performance of a contract means performing all the promises and fulfilling all the liabilities by the parties to the contract. The actual performance discharges the contract and also discharges the parties. It is also known as “natural method of discharge of contract.”



Sohan agrees to sell his car to Mohan for ₹ 2,00,000. Sohan delivers the car and Mohan makes the payment. It is an actual performance.

Attempted performance (tender)

Sometimes, the party who is bound to perform a promise under a contract makes an offer of performance to the promisee at a proper time and place, but is unable to do so because the other party does not accept the performance. Offer of performance made by the promisor is termed as attempted performance and such attempted performance discharges the party from his obligation to the contract.



Ajay agrees to sell his car to Vijay for ₹ 2,00,000. Ajay offers to deliver the car, but Vijay does not accept it.

Description: 30919.png


Note: If there is a valid tender, it discharges the party not at fault.

Test Your Skills Now!
Take a Quiz now
Reviewer Name