The document discusses the performance of contracts under Pakistani law. It defines performance of a contract as the fulfillment of legal obligations by both parties. It outlines the rules around who can demand performance, including the promisee, legal representatives, and in some cases third parties. It also discusses how contracts are to be performed, including by the promisor, agents, legal representatives or third parties under certain conditions. The document concludes that performance of a contract means fulfilling obligations according to the terms of the agreement.

2. ASSALAM-O-ALAIKUM
WELCOME TO OUR
PRESENTATION

3. topic
PERFORMANCE OF CONTRACT

4. Presented by
1. Sameer ahmed
2. Muhammad aqa
3. Karim
4. hamid

5. LAYOUT

6. • Performance of contract means the
fulfillment of legal obligations created under
the contract by both the promisee and
promisor when a contract is duly performed
by both parties , the contract comes to end.

7. • DEMAND FOR PERFORMANCE
1. PROMISEE
It is only the promisee who demand performance of the contract .
A person cannot acquire rights under a contract to which he is in
a party. A third party cannot demand performance of the contract
even though it was made for his benefit.
EXAMPE
A promise to B that A will pay Rs.500 to C. A did not pay to C.
only B can demand performance from A. C cannot demand
performance from A.

8. 2.LEGAL REPRESENTATIVE
In case of death of promisee, his legal representative can demand
performance of contract unless a contrary intention appears form the
contract or contract is of a personal nature.
Example
C bought rice from B . B died before the recovery of payment . legal
representatives of B can demand performance.
3. THIRD PARTY
generally the third party cannot demand the performance of contract
because he is not a party to the contract.
EXAMPLE
A transfers property to B under trust for the benefit of M. M can demand
the performance of contract from B.

9. Performance of contract
Generally a contract should be performed as under
1.PROMISOR
A contract must be performed by the promisor himself . in case of
contract involving personal skill or tasts, the promisor himself must
perform the contract . in case of death or disablement of a
promisor , the contract will be discharge.(sec 40)
EXAMPLE
a promises to paint a picture for B . A must perform the contrsct
himself.
2. AGENT
In a contract where no personal skills is involved, the pro misor
may employ a competent person to perform the contract.
EXAMPLE
A promises to sell goods to B . A can appoint his agent for
performance of contract.

10. 3.LEGAL REPRESENTATIVE
In a contract involving personal skills , the legal representatives 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 .
EXAMPLE
A promise to deliver goods to B 1st May on payment of rs,1000. A dies
before that day . legal representatives of A bound to deliver the goods
to B and B bound to pay Rs. 1000 to legal representatives of A.
4. THIRD PERTY
the third party may perform the promise if the promise accepts the
performance. When a promise accepts performance of promise from a
third person , he can not afterwards enforce it against the promisor.
EXAMPLE
A borrows rs.2 lac from B and promises to pay within a month. C the
father of A , pays rs. 2 lac to B is discharged from his liability.

11. PERFORMANCE OF JOINT PROMISE
DEFINITION
in a joint promise, two or more persons entre into agreement
with one or more persons. The rules regarding demand for
performance and performance of contract as follow.
DEMAND FOR PERFORMANCE
The rules for demand for performance are as under.
1. PROMISE
When a person is made with several person jointly , then in
absence of any agreement to the contrary , all the promises
can jointly demand performance and single promise cannot
demand performance .(sec 45)
Example A borrows rs.2 lac from B to C . only C can
demand the performance jointly .

12. 2.LEGAL REPRESENTATIVES
In case of death of any promisee, the legal representatives
and surviving promises can jointly can demand
performance. When all promises are dead , the legal
representatives of all can jointly demand
performance.(sec 45)
Example
A borrows Rs.5 lac from B and C. if B dies , B’s legal
representatives and surviving promises can jointly
demand performance. Of C dies, C’s legal representatives
and B jointly can demand performance.

13. PERFORMANCE OF CONTRACT
DEFINITION
the rules regarding performance of contract as under.
1. ALL PROMISORS
when two or more then persons make a joint promise, then unless a
contrary intention appears from the contract , all such persons must
jointly fulfil the promise. When any one of the promisors dies, his legal
representatives must fulfill the promise jointly with the surviving
promisors . On death of all the original promisors, the legal
representatives of a;; of them must jointly fulfill the promise.(sec42 )
EXAMPLE
A B & C jointly promise to pay rs.3000 to D . A B & C must contribute
rs.1000 each. If A dies , then the legal representatives of A are liable to
pay Rs.1000 along with B&C.

14. 2.ANY ONE OF PROMISORS
in the of any express agreement to the contrary, the
promise may compel any one or more the joint
promisors to perform the promise, since the liability
of joint promisors is joint and several, the promise
can recover amount from all or any one or more of
them (sec 43 para 1)
EXAMPLE
A B & C jointly promise to pay D rs 3000. D may
compel either A or B or C any two or all of them to
pay.

15. 3.DEMAND OF CONTRIBUTION
If one of the joint promisors is compelled to perform
the whole contract, he may compel every other joint
promisor to contribute equally to the performance of
contract unless a contrary intention appears from the
contract.(sec 43 para 2)
EXAMPLE
A B & C jointly promise to pay D Rs. 3000. If A is
compelled to pay the whole amount of Rs.3000,
he can recover rs.1000 from each from B &C.

16. 4.DEFAULT IN CONTRIBUTION
if any express of the promisors makes default
in making contribution, if any the remaining
joint promisors must bear loss arising out of each
default in equal shares. (sec 43 para 3)
EXAMPLE
A B & C are under joint promise to pay rs.3000
to D . if C is unable to pay anything, then A and
B must pay rs. 1500 each.

17. 5.RELEASE OF PROMISOR
in case of joint promise, if one of the joint promisors is
released from his liability by promise, his liability to the
promise ceases but his liability to the other promisors to
contribute does not cease. (sec 44)
EXAMPLE
A B & C are under promise to pay rs. 3000 to X. if X
releases C from liability . A and B remain liable to pay X
. C in not released from liability to A and B. A and B can
recover from C.

18. CONCLUSION
• Performance of contract means fulfillment of
the obligations by the parties. The parties who
make the contract must fulfill their obligations
according to the terms laid down in
the contract. Performance of contract is one
of the methods to discharge a contract.