Performance of a contract takes place when the parties to the contract fulfill their obligations arising under the contract within the time and in the manner prescribed. The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of the contract or by any other law. If the party to the contract dies before the performance of the contract, then the other party to the contract can compel that party’s legal heir for its performance, if the performance does not require special skills or ability.
The performance of the contract can be done in two ways :
Where a party to a contract has done what he had under-taken to do.
- Offer to perform or attempted performance or lender of performance :
It may happen, sometimes, when the performance becomes due, the promisor offers to per-form his obligation, but the promisee refuses to accept the performance.
A contract may be performed by the promisor himself, or by his agent, representative, third person or by joint promisors.
A contract need not be performed :
1. When its performance becomes impossible. When the parties to it agree to substitute a new contract for it or rescind it.
2. When the contract is illegal.
