Performance of Contract

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Last updated 10:44 AM on 5/4/26
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10 Terms

1
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Performance of a contract can be made by:

Actual Performance
Attempted Performance (Tender)

2
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Example of Tender:

A delivers goods to B, but B refuses to accept them.

3
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Two types of Tenders:

  1. Tender of Goods and Services

  2. Tender of Money

4
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If Promisee (B) refuses goods and services

this is breach of contract, and Promisor is not liable (given tender is valid).

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If Promisee (B) refuses money,

Promisor is liable.

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Essentials of tender:

  1. Unconditional

  2. Proper time (or reasonable time)

  3. Proper place

  4. Proper person

  5. According to terms and conditions of contract

  6. Reasonable opportunity of inspection

  7. In case of Money, proper currency.

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Discharge of contract

  1. By Actual Performance

  2. By Mutual Agreement

  3. By Impossibility

  4. By breach of contract

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By Mutual Agreement

Alteration

Novation

Rescision

Remission

Wavier

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By Impossibility of Performance

  1. Destruction of subject matter

  2. Death of parties

  3. Alien enemy

  4. Illegality

  5. Non-existence of particular state

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Exceptions to Impossibility

  1. Lockdown

  2. Default of 3rd Party

  3. Commercial impossibility (loss)

  4. Difficulty of Performance

  5. Partial Impossibility (Non-existence of 1 particular state)