By Whom Must Contract be Performed?

            The word ‘Contract’ is derived from the Latin term ‘Contractum’ which means “drawn together”. According to Section 2(h) of the Indian Contract Act, "An agreement enforceable by law is a contract. Section 10 of the Indian Contract Act, 1872, says that All agreements are contracts if they are made by the free consent.
            Performance of a Contract takes place when the parties to the contract fulfill their obligations arising under the contract within the time and in the manner prescribed.

By Whom Must Contract be Performed?

1.Promisor himself : 

           If there is something in the contract to show that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor ( section 40) this means contracts which involve the exercise of personal skill and diligence ( for instance, a contract to point or sing), or which are founded on personal confidence between the parties ( for instance, contract to marry) must be performed by the promisor himself .


Example:

            A promises to paint a picture for B. A must perform this promise personally.

2. Agent : 

            Where personal consideration is not the foundation of a contract, the promisor or his representative may employ a competent person to perform it  ( section .40)



Example:

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


3. Representative :

               A contract which involves the uses of personal skill or is founded on personal considerations comes to an end on the death of the promisor . as regards any other contract, the legal representative of the deceased promisor are bound to perform it unless a contrary intention appears from the contract (section .37, para 2) . their liability under a contract is limited to the value of the property they inherit from the deceased.

 Example:

                A  promise to paint a picture for B by a certain day. at a certain price, .a dies before that day the contract cannot be enforced either by A's representative or by B.


4. Third person:

               When a promisee accepts performance of the promise From a third person, he cannot afterward enforce it against the promisor (section 41.)


5. Joint promisor:

                 This is discussed below under the heading " devolution of joint rights and liabilities ".


(See also... Contracts which need not be performed.)