Demand for Performance Under the Laws of Contracts

1. INTRODUCTION:

Fulfillment of a legal obligation in a contract is called performance of the contract. Chapter VI of the Contract Law deals with the execution of contracts.

2. OBLIGATION OF THE PARTIES

UNDER CONTRACT ACT:

In accordance with section 37 of the contract law. The parties to the contract must fulfill or offer to fulfill their respective promises. Unless such performance is dispensed or excused under the provisions of this Act or any other law.

3. REQUEST FOR EXECUTION:

The following persons can demand the execution of the contract.

(I PROMISED:

The promise may require performance of the contract.

> Example:

A promises B to pay Rs 1000 to C. If A fails to pay the amount to C. Only B can enforce the contract from A who made the promise.

(II) LEGAL REPRESENTATIVE:

If the promise dies, its legal representative can demand the execution of the contract.

> Example:

A borrowed money from B. B died – 1 B’s legal representative can enforce the contract.

4. BY WHOM THE CONTRACT SHOULD BE EXECUTED:

The contract must be made by the following people.

(I) THE PROMISER HIMSELF:

The contract can be executed by the promisor. By himself or through another competent person.

> Example:

A promises to paint a picture for B. A must fulfill the promise himself.

(II) AGENT:

The contract can be executed by the Promisor’s Agent.

> Example:

A promise B to sell goods A can fulfill his promise by himself or through his agent.

(III) LEGAL REPRESENTATIVE:

The contract can be made by legal representative.

> In Case of Personal Skill:

In the case of a contract involving personal skill, the legal representative of the deceased will not be bound by the contract.

> In case of non-personal skill:

In case of contract that does not involve personal ability but impersonal nature, the legal representative is obliged to fulfill the contract.

(IV) THIRD PERSON:

When a promisee accepts the execution of the contract of a third person, he cannot later execute it against the promisor.

> Example:

A borrows Rs 5 Lac from B and promises to pay it back within a year. After a few months C, A’s brother pays Rs 5 Lac to B. B accepts the money. A is released from the obligation to pay.

5. CONCLUSION:

To conclude I can say that The parties to the contract must fulfill their contractual obligations. If the contract is not fulfilled within the specified time, it will be terminated.