UNIT IX THE INDIAN CONTRACT ACT Commerce - - . . PM . Promisee – only a promisee can demand performance and not a stranger demand performance of the contract.
. Legal Representative – legal representative can demand Exception performance. Contrary intention appears from the contract. Contract is of a personal nature.
. Third party – Exception to “stranger to a contract” . Who will Perform the Contract? i) Promisor himself (Section ) Under Para to Section , it is laid down that where it appears from the nature of the contract, the intention of the parties that any promise contained in it must be performed by the promisor himself or by his legal representatives or by any other competent person employed by him, then such promise must be performed by the promisor himself or by his legal representatives or by any other competent person employed by him.
For Example X promises to sketch a site map of Y’s house. X will have to perform this promise himself. Because it requires the skill of X. ii) Agent (Section ) According to Para of Section , the promisor may employ a competent person such as agent to perform the promise, if the contract is not formed on personal condition.
iii) Representations (Section ) A contract which involves the use of personal skill or it is found on personal considerations, comes to an end if the promisor dies. Of course in case of other contracts, the legal representatives of a deceased promisor are bound to perform it as provided in Para of Section . For Example M promises to sell his car for (Rs. , , ) to N after a week.
But, M dies after days of the contract. M’s representative will be liable to sell the car to N and N will be liable to pay Rs. , , /- to M’s representative. iv) Third Person (Section ) According to Section , if a promisee accepts the performance of the promise by a third person he cannot afterwards enforce it against the promisor.
v) Joint Promisors (a) Devolution of