1. Performance of Contract
Chapter 3

2. Performance of contract
Performance of Contract means the fulfillment of legal obligation created under the contract under the contract by both promisor and the promisee. When a contract is duly performed by the both parties, the contract comes to an end.

3. Performance of Single Promise
A single promise is that promise in which there is one promisor and one promisee.
Who can demand performance?
In single promise the rules to demand performance are as under;
Promisee
It is only the promisee who can demand performance of the contract. A third party cannot demand performance of the contract even though it was made for his benefit. i.e. A promises B to pay 500 to C. if A does not pay to C, only B can demand performance. C cannot demand performance from A.

4. Performance of Single Promise
2. Legal Representative In case of death of the promisee , his legal representative can demand performance of a contract. i.e. A bought rice from B. B died before recovery of the price. In this case legal representatives can demand performance.

5. Performance of Single Promise
Who must perform?
The Promisor Himself i.e. A promise to paint a picture for B. A must perform the promise himself.
The Agent: In a contract where no personal skill is involved, the promisor may employ a competent person to perform it i.e., A promises to sell goods to B. A can ask his agent for the performance.

6. Performance of Single Promise
Legal Representative: If the promisor dies before performance, his legal representative become liable to perform the contract. In contract involving personal skills, the legal representative of a deceased promisor are not bound to perform the contract. But in a contract of impersonal nature the legal representatives are bound to perform the contract.

7. Performance of Joint Promises
Two or more persons may enter into a joint agreement with one or more persons.
Who can demand Performance?
1. Promisee: When a promise is made with several persons jointly, then all the promisee jointly can demand performance and a single promisee cannot demand performance. E.g., A borrow 2000 from B and C jointly. B and C can jointly demand for the payment.

8. Performance of Joint Promises
2. Legal Representative: In case of death of any promisee, the legal representative of the deceased person jointly with the surviving promisee can demand performance. When all the promisee are dead, the legal representatives of all jointly can demand performance. E.g., A borrows 2000 from B and C. B dies. B’s representative with C jointly can demand performance. On the death of C, the representative of B and C jointly can demand performance.

9. Performance of Joint Promises
Who must Perform?
The rules to perform the contract are under,
1. All promisor must jointly fulfill the promise. E.g., A, B, and C jointly promise to pay to D. A, B and C must contribute 1000 each and pay 3000 to D. If A dies then the representative of A are liable to pay along with B and C.

10. Performance of Joint Promises
2. Any one of joint Promisor may be compelled to perform. e.g., A, B, and C jointly promise to pay 3000 to D. D may compel any one of them to pay earlier then the rest. 3. Sharing of loss by default in contribution: If any one of the joint promisor makes a default in making the contribution, the remaining joint promisor must bear the loss arising out of such default in equal shares. E.g., A, B, and C jointly promise to pay 3000 to D. C is unable to pay any thing and A is compelled to pay the whole. A is entitled to receive 1500 from B.

11. Reciprocal Promises(موافقه دوجانبه)
Promises which form consideration for each other are called reciprocal promises. In other words, a contract consist of reciprocal promises when one party makes a promise in consideration of a similar promise made by the other. E.g., A agreed to deliver the goods to B at a price to be paid by B on delivery. A need not to deliver the goods unless B is ready to pay on delivery and B need not to pay unless A is ready to deliver them on payment.

12. Time and Place of Performance
Performance with in reasonable time. E.g., A promise to deliver the goods at B’s house on 1st June before 1 pm. A deliver the goods before the time. A has performed the contract.
Performance where the time is specified. A promised to deliver the goods at B’s warehouse on 1st July at 4pm. A brings the goods after 4pm. The good are not received. A has not performed his performance.