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Types Of Performances

According to section 37, there can be two types of performances:

Actual Performances:

When a party to the contract has done what he had undertaken to do and there remains nothing to be done by him, the promise is said to have been actually performed and the liability of such a party comes to an end.

Attempted Performance:

Sometimes, when the performance of the contract becomes due, the promisor is ready and willing to perform his promise, and offers to perform the same, but the promise refused to accept the performance. This is known as attempted performance or tender.

Essential Elements Of Valid Attempted Performance:


1) It must be by a person who is in position to and is willing to perform the promise.

2) It must be made by the promisor or his duly authorized agent.

3) It must be of the whole quantity contracted for or of the whole obligation.

4) It must be unconditional, i.e. according to the terms of the contract.

5) It must be made at the proper place and time-after business hours and before due date is not allowed.

6) It must give a reasonable opportunity to the promise for inspection of the goods.

7) It may be made to one of the several joint promises.

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