PPT on "Performance of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation. Business Law PPT by Sandeep Sharma. (Meaning with suitable example & explanation).

1. PPT “PART 1”
(TYPES, ESSENTIALS & EXCEPTIONS
OF PERFORMANCE OF CONTRACT)
PPT by Sandeep Sharma

2. PERFORMANCE OF A CONTRACT
MEANS PERFORMING ALL THE
PROMISES AND FULFILLING ALL THE
OBLIGATIONS REQUIRED BY THE
CONTRACT.

3. ACTUAL PERFORMANCE: NO OBLIGATION REMAINS
UNFULFILLED FROM BOTH THE PARTIES.
OFFER/TENDER OF PERFORMANCE: A PARTY OFFERS
PERFORMANCE OF HIS OBLIGATION TO THE OTHER PARTY.
OR
ATTEMPTED PERFORMANCE: WHEN A VALID TOP IS NOT
ACCEPTED BY THE PROMISEE.

4. 1) TENDER OF GOODS/SERVICES:
2) TENDER OF MONEY:

5. (In case promisee does not accept a valid tender)
i. Promisor is not responsible for Non-performance of contract.
ii. Promisor is discharged from his obligation.
iii. He need not to offer goods/services again.
iv. He does not lose its right under the contract.
v. He can claim for its expenses occurred for delivery.

6. (In case a valid tender of money is not accepted)
i. Offeror/debtor is not discharged from his obligation to pay.
ii. But he is discharged from his liability for payment of interest.

7. i. Unconditional: Terms & conditions only made at the time of
making contract, NO conditions should impose afterwards.
ii. For whole obligation: delivery of goods should be the total
quantity as ordered, not less not more than that.
iii. Reasonable inspection time: a promisor should give a
promisee proper time to inspect the delivered goods.

8. iv. At proper time: within official hours.
v. At proper place: delivery of goods should be at the same
place which is mentioned in the contract.
vi. Willing person: tender must be made by an abled person
who can perform the whole promise.

9. vii. To a proper person: performance must be made to an
authorized person
viii. Proper form: form may be decided by the parties while
making the contract, eg:- 100 kg sugar in 20 packs (5 kg each).
ix. Exact amount: promisee should pay exact money as decided
while making contract.
x. Legal money: old currency notes or coins are not acceptable.

10. i. A party should be the same party from the contract: with
whom the contract was made.
ii. When a party to a contract has refused to perform
iii. A party disable himself: In mentioned eg. Golu disabled
himself by selling his bike to Shalu.
Bholu
Shalu
Bike – 60k
Promiseeg:- Golu

11. i. When performance becomes impossible: due to circumstance
beyond the control, eg:- dancer falls ill & becomes too weak to
dance
ii. When parties substitute a new contract: eg:- owed 10k
instead of money he mortgage estate docs.
iii. When the performance is Stopped: if one party forbids other
party to perform

12. iv. Contract gets cancelled: eg:- singer signed a contract to
perform in a theater for 2 months & he gets absent after a week…
v. Promisee rejects the ‘TOP’: promisee refuse to accept,
promisor free from the obligation.
(TOP: Tender of Performance)

13. vi. Promisee refuses to provide facilities: eg:- promisor has to
paint house but promisee not providing him reasonable facilities.
vii. When it is unlawful: eg:- unlawful agreement is void.
Hence, no performance is required.

14. i. Promisor himself
ii. Joint promisors
iii. Representative: in case of death of promisor
iv. Agent: where the personal skill of the promisor is not involved.
v. Third person: When a promisee/promisor accepts the performance
of the promise from a third person, he can’t enforce it against the
promisor/promisee later.