Q.Can a contract be performed by a third person? Explain with an example.

The law focuses on whether the promisee actually accepted the performance, regardless of who physically carried it out.

Section 41 of the Indian Contract Act provides: "When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor."

Example: A owes B ₹10,000 under a contract. C, a friend of A, pays B the ₹10,000 on A's behalf, and B accepts this payment. Once B has accepted C's payment as satisfying the debt, B cannot later turn around and demand the same ₹10,000 again from A, even though A never actually authorised C to make the payment for him. …

Assuming the third person's lack of authorisation from the promisor makes the performance invalid — what matters legally is the promisee's own acceptance of that p …