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  • Read the passage carefully and answer the question The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his ag

Read the passage carefully and answer the question

The Contract should be performed by the promisor himself. However, in certain cases, it can also be performed by his agents or legal representatives. It all depends upon the intention of the parties. Normally a contract can be performed by the following persons. 

  1. Promisor himself: If from the nature of the contract it appears that it was the intention of the parties that the promise should be performed by the promisor himself, such promise must be performed by the promisor. This usually applies to contracts involving personal skill, task, or artwork. 
  2. Promisor or his Agent: Where the contract does not involve the personal skill of the promisor, the contract could be performed by the promisor himself or by any competent person employed by him for the purpose, 
  3. Legal Representatives: The contracts which do not involve any personal skill or taste, may be performed by his legal representative after the death of the promisor.
  4. Third Person: In some cases, a contract may be performed by a third person provided the promisee accepts the arrangement. According to Section 41 of the Indian Contract Act, once the promisee accepts the performance from a third person, he cannot compel the promisor to perform the contract again. 
  5. Performance of Joint Promises: According to section 42 of the Indian Contract Act, when two or more persons have made a joint promise, the joint promisors must fulfill the promise jointly during their lifetime. And if any one of them dies, then his legal representatives and survivors must jointly fulfill the promise. 

Section 43 of the Indian Contract Act further provides that unless a contrary intention appears from the contract, each joint promisor may compel every other joint promisor to contribute equally to the performance of the promise. If any joint promisor makes a default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

Question:

Rohan has agreed to manage the catering services during the marriage of Sohan’s son Ramu. On the day of marriage, Rohan felt ill and sent his manager to the management of catering services. Ramu happily gets married to Tina and people appreciated the food and decoration of the event. When Rohan asked Sohan for the remaining amount, he denied it because Rohan himself had not managed so it is a breach. Decide.

 

Option: 1

Rohan is not entitled to get the remaining amount due to a breach of contract.


Option: 2

Rohan is entitled to sue Sohan for the remaining amount.


Option: 3

Rohan is entitled to sue Ramu because it was his marriage.


Option: 4

Instead of Rohan, his manager can only sue Sohan for the breach.


Answers (1)

Rohan was ill on the date of the event so he sent his competent manager to the management of catering in the marriage and everything ended peacefully and decently. According to Section 41 of ICA, 1872, when the promisee accepts the performance of the promisee from the third person, he cannot enforce it against the promisor. Sohan cannot hold the remaining amount just on the grounds of a breach. Hence option (b) is the correct answer.

 

Posted by

Sumit Saini

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