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.

Promisor himself — where the contract shows an intention that only the promisor personally should perform (e.g. a contract involving personal skill, taste, or credit, such as a painter agreeing to paint a portrait, or a singer agreeing to perform at an event), the promise must be performed by the promisor and by no one else.

Agent — where personal skill or credit of the promisor is not important, the promisor may employ a competent person to perform on their behalf (e.g. a trader may get an order fulfilled through an employee).

Legal representative — on the death of the promisor, their legal representatives are bound to perform the promise, unless a contrary intention appears in the contract, or the contract is one of a personal nature (e.g. an agreement to paint a portrait cannot be performed by the deceased painter's heirs). Liability of the legal representative is, however, limited to the value of the property inherited from the deceased.

Third person — Section 41 provides that when a promisee accepts performance from a third person, they cannot afterwards enforce it against the promisor, even though the promisor never authorised that third person to perform on their behalf. …