Performance of contract

The contract when it is validly made between the parties they are liable to fulfill or
perform their respective liability or obligation of the contract. The contract which
needs not to perform after making validly subject to the certain exception is not a
contract at all. Therefore every contract which is validly made have to perform in
agreed time in agreed mode and agreed place.

Definition: -

Hence the term performances of contract indicate the process of fulfilling the
obligation or the liability of the contract by concerning parties in the agreed mode
and agreed time.

The contract which is validly made even though it is to be perform by concerning

parties, there are certain contract which is validly made need not be perform by
concerning parties.

Contract which need not to perform

1) The contract cancelled by the process of

a. Novation

The contract cancelled by the process of substituting the new contract to old contract
can be said as novation and when it is done with agreement between the parties the
obligation or liability of old contract need not to perform even it is made validly.

b. Alteration

The contract of which all or some of the clauses or terms is change with the consent
of all party, it is known as alternation and when it is done the parties to the contract
need not to be perform their obligation to the extent of affected by such change of
the clause.

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c. Rescission

The contract of which all or some of the terms or obligation cancelled with the
consent of all parties to the contract, is being rescission of contract and if it is done,
the party having obligation under the contract need not to perform to the extent
affected by cancelled clause.

d. Remission

The contract under which a party having right accept the lesser sum than what was
contracted for or party having obligation lesser fulfillment of obligation than what
was contracted for with their respective consent being remission one who have the
obligation under the contract need not to perform to the extent of remitted
obligation.

2) The voidable contract when declare as void

The voidable contract when declare as void by court at the application of injured
party, the injure or affected parties need not to perform his obligation under the
contract because it being the contract which can declare as void at the option
affected party.

3) When the promisee refused to offer the facility to another party

The reciprocal promise or contract in which both parties having obligation, the
promisor need not to perform his part of obligation when promisee refused to
provide the facilities or refused to fulfill his part of obligation under the contract.

Who can demand the performance of contract?

Contract is the outcome of agreement or promise made by the parties to the contract.
It being the outcome of promise it consist two parties promisor and promisee. The
promisor a party having obligation and promisee a party having right to get
fulfillment of promisee of the promisor. Therefore in the process of demanding the
performance of contract the first person having right to demand the performance of
contract is

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 a) Promisee

Promisee being a person for the benefit of whom promisor make the promise or
promise being in a portion of getting benefit under the contract, he is the first person
who can asked or demand the performance of contract from promises of the
contract.

b) Legal representative of promisee

Legal representative of deceased promisee can demand for performance of contract

from promisor in case of death of promisee after entering into the contract but
before the performance of contract by the promisor provided the contract not being
of personal nature in which only the promisee can asked for performance of contract
not by other.

Who must perform the contract?

The contract is the document creating rights to one party and obligation to another
party or parties. The party having obligation as being a promisor have to fulfill his
obligation. Therefore the promisor must perform every valid contract.

1. Promisor

Promisor being a person undertaking the liability by making promisee under the
contract have a primary liability to fulfill his part of obligation whether the contract is
of personal or impersonal nature. Subject to certain exceptional cases he cannot transfer
his liability to another party.

2. Legal representation of the promiser

The legal representative of the promisor is the another person who have to perform the
obligation under the contract in case of death of promiser after making promise but
before the performance contract. The legal representative is not liable to perform the
contract of personal nature which must be performed by promisor himself. The liability
of legal representative in the law is limited to the extent of property inherited from
deceased promisor even though he can accept more than the property he inherited from
promisor. Therefore the liability of legal representative is limited.

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3. Agent

The performance of promise can be done through the help of agent appointed by the
promisor in the contract. The performance by agent equivalent to performance by the
promisor himself provided the contract is of impersonal nature.

4. Any other person

Any other person can perform the contract on behalf of promisor in case of unable to
perform by promisor provided the promisee agrees to accept the performance by other
person than promisor.