Who must perform the promise under contracts?


The promise under a contract may be performed by;

a. 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 himself. This means contracts that involve the exercise of personal skill or diligence or which are founded on personal confidence between the parties must be performed by the promisor himself.

b. Agent: Where personal consideration is not the foundation of the contract, the promisor or his representative may employ a competent person to perform it.

c. Legal Representatives: A contract that involves the use 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 representatives of the deceased promisor are bound to perform it unless a contrary intention appears from the contract. But their liability under a contract is limited to the value of a property they inherit from the deceased.

d. Third person: When a promisee accepts the performance of the promise from the third person, he cannot afterward enforce it against the promisor.

e. Joint promisors: When two or more persons have made a joint promise, then unless a contrary intention appears from the contract, all such persons must jointly fulfill the promise, if any of them dies, his legal representatives must jointly with the surviving promisor have to fulfill the promise. If all of them die, the legal representatives of all of them must fulfill the promise jointly. As per section 67,” If any promisee neglects or refuses to afford reasonable facilities for the performance of the promise to the promisor, the promisor is excused for non-performance.”

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