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Commerce · Class 11 Commerce

Ch 30Performance of Contract — Class 11 Commerce, concept-first.

A contract exists so that its promises are eventually carried out. Performance of a contract means each party fulfilling the obligation they undertook under the agreement — the seller delivering the goods, the buyer paying the price.

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Key concepts

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Performance and Tender

Performance of a contract means fulfilling the obligation undertaken under it (Section 37). Actual performance is complete fulfilment as agreed; attempted performance (tender) is an offer to perform that the promisee ref…

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Chapter contents

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1

Meaning of Performance of Contract

A contract exists so that its promises are eventually carried out. Performance of a contract means each party fulfilling the obligation they undertook under the agreement — the seller delivering the g…

2

Actual Performance and Attempted Performance (Tender)

Actual performance discharges the promisor of their obligation completely — once goods are actually delivered and accepted as agreed, that part of the contract is over.

3

By Whom Contracts Must Be Performed

Who is bound to perform, and who is entitled to demand performance, depends on the nature of the promise and of the promisor.

4

Time and Place for Performance

Where no time is specified and the promise does not require a demand: the engagement must be performed within a reasonable time, a question of fact depending on the circumstances of each case.

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Reciprocal Promises

Section 2(f) defines reciprocal promises as promises which form the consideration, or part of the consideration, for each other — most ordinary contracts are made up of such promises (e.g.

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Contracts Which Need Not Be Performed

Sections 62–67 of the Act recognise several situations in which a contract can be discharged, and thereby need not actually be performed, by the parties' own agreement rather than by their carrying ou…

Exercises

Sample & Board Papers

Sample papers and previous-year board questions for this subject.