Who Performs the Contract?

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A written or spoken agreement, especially which is concerned for employment, sales is intended to be enforceable by law this is the definition of Contract.

This contract needs to come in effect and is possible by living, and sound human beings, the signing of the contract and the lawful effect of the contract are all done under the purview of sound individuals, therefore we should know all the facets in performing the contract, who performs, and what is the legal enforcement done in the formation of the contract, this is to be learned.

Who Performs the Contract?

At least two parties are present in a contract - a promisor and a promisee. A promisee is that party to whom a promise is made and a promisor is another party who performs the promise. 

A Contract Can Be Performed By

  1. Promisor himself

  2. Agent

  3. Representative

  4. Third Person

  5. Joint promisor

Promisor Performs the Promise

In the contract, it is to be shown that the intention of the parties that the promise should be performed by the promisor himself. Such a promise is to be performed by the promisor. This means that the contracts which involve the exercise of personal skill like singing or dancing or are founded on personal confidence between the parties like promising/contracting to marry is to be performed by the promisor himself.

A contract indicating that the parties intended the promisor to fulfil the promise by himself, then the promisor is mandated to perform the promise. These usually include promises which involve personal skills, experience, or expertise and these contracts are usually based on the trust between the promisor and the promisee.

Example: Mary singing at Liza’s wedding reception is a good example of a personal skill being required to perform the promise.

Section 41

Section 41 of Indian Contract Act 1872 throws light on "Effect of accepting performance from third person” This states that When a promisee accepts performance of the promise made from a third person, the promisee cannot afterwards divert the performance of promise against the promisor. A promisee accepting performance of the promise from a third person, will not afterwards enforce it against the promisor who is present in the contract. Section 41 focuses on the promise being transferred to the promise from any third person present in the contract. The law mandates the promise to act accordingly and fulfil the promise accepted by him. 

Section 40

Section 40 of the Indian Contract Act 1872 illustrates the ‘Person by whom promises are to be performed’. When it appears from the nature of the case that this was the intention of the parties to any contract that any promise contained in the contract should be performed by the promisor by himself, then such promise must be performed by the promisor necessarily. Yet in other cases, the promisor or his representative may employ a competent person to perform the promise.

Example:  Sana promises to pay Michael a sum of money. Sana may perform this promise, either by personally paying the money to Michael or by causing it to be paid to Michael by another person or representative; and if Sana dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so.

Section 42

Section 42 of The Indian Contract Act 1872 talks about “Devolution of Joint Liabilities”. When two or more persons made a joint promise, then (unless a contrary intention appears by the contract) all those contracting persons, during their joint lives, and, after the death of either of them, his representative jointly also with the survivor or survivors, and after the death of the last survivor, all the representatives jointly, will have to fulfil the promise.  This section takes the parties jointly liable to conduct and perform a promise so contracted in. The parties in the joint liability will be required to complete this promise even if their death occurs, in that case, their legal representatives need to fulfil the same.

Performance of Contract consists of these various sections which moreover makes the contract legally enforceable. Performing of the contract can be on any – the promisor himself, the agent or the representatives appointed.

FAQ (Frequently Asked Questions)

1. What Comes First in A Valid Contract?

The first element in a valid contract would be the offer. An offer or a promise or an agreement needs to be contracted. As there is no offer then there will be no contract. In the Contracts Act, 1950, the first elements in a contract would be offered.

2. What Are The Essential Elements Required to Form A Legal Contract?

There are mainly five essential elements to form a legal contract- Offer, Acceptance, Consideration, Capacity and Lawful Purpose.

3. Who is A Promisee in A Contract?

A person to whom a promise has been made is the promise in a contract. In general, a promisee will maintain an action on a promise made to him, while when the consideration moves not from the promisee, but some other person, as a cause of action because he is the person for whose use the contract was made.