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.
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…
Most relevant Q&A
Chapter contents
The NCERT structure, section by section. Open a section to see its questions, then read the concept-first solution.
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…
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.
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.
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.
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.
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
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- Q1What is meant by performance of a contract? Distinguish between actual performance and attempted performance.Free
- Q2State the essentials of a valid tender.Free
- Q3Who can demand performance of a contract? Who must perform it?Free
- Q4Can a contract be performed by a third person? Explain with an example.Preview
- Q5What are joint promises? Explain the liability of joint promisors.Preview
- Q6Explain the rules regarding time and place of performance of a contract.Preview
- Q7What are reciprocal promises? Explain their types.Preview
- Q8Distinguish between Novation and Alteration of a contract.Preview
- Q9What is remission? How does it differ from waiver?Preview
- Q10X promises to deliver 500 bags of rice to Y under a contract, without specifying the place of delivery. Where must the performance take plac…Preview
Sample & Board Papers
Sample papers and previous-year board questions for this subject.
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- Q1What are the kinds of reciprocal promise ?Preview
- Q2Which of these parties cannot demand performance of promise ? (a) On the death of a Promisee, his legal representative (b) Promisee (c) Stra…Preview
- Q3What is meant by Reciprocal Promise ?Preview
- Q4Which of the following persons can perform the contract ? (a) Legal representatives of Promisor (b) Agent of the Promisor (c) Promisor alone…Preview
- Q5Discharge by mutual agreement may involve : (a) Rescission (b) Alteration (c) Novation (d) All of the abovePreview
- Q6A, B, C jointly promised to pay Rs. 50,000 to D. Before performance of the contract, C dies. Here, the contract : (a) should be performed by…Preview
- Q7What are the kinds of Reciprocal Promises ?Preview
- Q8Which of the following persons can perform the contract? (a) Promisor alone (b) Legal representatives of promisor (c) Agent of the promisor…Preview
- Q9Who will perform the contract?Preview