Explain the meaning of performance and its types

by • 05/06/2013 • GeneralComments (0)283

Q-1      Explain the meaning of performance and its types.

Ans:     PERFORMANCE

“Performance of the contract” is one of the various modes of discharge of the contract. A contract is said to have been performance when the parties to a contract either perform or offer to perform their respective promises. Section 37 of the Contract Act to this section.

“The parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provision of this Act, or of any other law/’

 

TYPES OF PERFORMANCE

There may be two types of performance as follows.

 

a) ACTUAL PERORMANCE

Where a promisor has made an offer of performance to the promisee and the offer has been accepted by the promisee, it is called an actual performance.

EXAMPLE

X contract to deliver to Y at his warehouse on lsl Oct, 100 bales of cotton of a particular quality. X brought the cotton of requisite quality to the appointed place on the appointed day during the business hours, and Y took the deliver of goods, This is an actual performance.

 

(b) ATTEMPTED PERFORMANCE (OR TENDER)!SECT!ON 382

Where a promisor has made an offer of performance to the promisee and the offer has not been accepted by the promisee, it is called an attempted performance.

 

EXAMPLE

If in the aforesaid example, Y refused to take the delivery of goods it is case of attempts performance because X has done what he was required to do under the contract.

 

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