Legal forms

Performance of Contract

indian contract act 1872-performance of contract.
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  P ERFORMANCE   OF  C ONTRACT   Submitted by, Naveen Agarwal (11302) Ritu Agrawal (11303)  P ERFORMANCE  O F  C ONTRACT   The parties to contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this act, or any other law”.   The contract is said to be performed by: 1.  Actual Performance 2.  Attempted Performance / Tender  of Performance / Offer  of Performance   A TTEMPTED  P ERFORMANCE   OR   TENDER    Sometimes it happens that a party who is bound to perform his promise under the contract is ready and willing to perform but the other party to the contract does not accept the performance or is not willing to carry out his part of promise under the contract. This is called attempted performance.  It has all features of performance and falls short of actual performance only because of wrongful refusal by other party.  E SSENTIALS   OF  V  ALID  T ENDER   SEC . 38 1. It must be unconditional 2. It must be made at proper time and place 3. Tender must be made by person ready, able and willing to perform 4.  A person to whom the tender is made must be given opportunity of inspection of goods or articles 5. The tender  must be whole and not of the part 6. The tender must be in proper form  –  tender of money in current coins
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