Performance of Contract

Offer to Perform Unconditional It must be for whole of quantities By proper person Proper time & place May be made to one of several joint promisees Tender of goods Tender of money

Effect of Refusal Can repudiate May continue

When Contracts Need not be Performed When performance becomes impossible Agree to substitute a new contract or rescind Extends time or dispenses Voidable contract is rescinded Promisee neglects or refuses to provide reasonable facilities

By Whom the Contracts must be Performed Promisor himself Agent Legal representation Third persons Joint promisors

Devolution of Joint Liabilities and Rights Any one of the joint promisors may be compelled Joint promisors compelled to perform may claim contribution Sharing of loss arising from default Release of a joint promisor Joint rights

Time & Place of Performance  Where no application is to be made and no time is specified  Time is specified and no application is made  Application for performance on a certain day and place  Application by the promisor to the promisee to appoint place  Performance in manner or at time prescribed

Reciprocal Promises  Mutual and independent  Conditional and dependent  Mutual and concurrent

Rules Regarding Performance of Reciprocal Promises  Simultaneous performance  Order of performance  Effect of one party preventing  Effect of default  Reciprocal promises to do legal and illegal

Time as the Essence of the  When time is the essence  When time is not the essence  Subsequent notice

Appropriation of Payments  Debtor intimates  Debtor does not intimate  Debtor does not intimate and creditor does not appropriate

Assignment of Contract  Act of the parties  By law