Page 29 - 01. Indian Contract Act, 1872

 Types of Performance.

It is of following two types-
1. Actual Performance
The promisor makes all offer of the performance of the promise and the
offer to perform is accepted by the promisee. Thus, when both the parties
perform their respective obligations, the contract comes to an end.
2. Attempted Performance (Tender) (Sec. 38)

The promisor makes an offer of performance to the promisee, but the offer to
perform is not accepted by the promisee.
Types of Tender

 Tender of goods - attempted performance of promise to do something.
 Tender of money - attempted performance of promise to pay something.
Essentials of a Valid Tender

 Must be unconditional

 Must be for the whole obligation Must be given at a proper time Must be
given at a proper place Must give a reasonable opportunity of inspection.

 Party giving tender must be willing to perform his obligation
 Must be made to the proper person

 Must be made for the exact amount of money.

Effect of Refusal of party to perform promise (Sec. 39)
The aggrieved party can-

(i) terminate the contract

i
(ii) ndicate by words or by conduct that he is interested in its continuance. If promisee
decides to continue the contract, he would not be entitled to put an end to the
contract on this ground immediately.

In both cases, promisee would be entitled to claim damages that he suffered as a
result of breach.
Joint Promise
When, two or more person enter into a joint agreement with one or more persons, it is
known as joint promise.

Liability of Joint Promisors

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