11th Standard Syllabus & Materials
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Published on: 14/12/2019
Performance of Contract
Download Tamil Nadu 11th Standard Commerce question papers, model tests, one-mark questions, important questions, and public exam papers in PDF format. Free study materials and answer keys for TN State Board students.
Questions + Answers key
Take MCQ Commerce Test1.
A person is said to be a third person if he is not a ____________
Promisor
Promise
Agent
Legal representative
2.
3.
A, B, C jointly promised to pay Rs. 50,000 to D. Before performance of the contract, C dies. Here, the contract ______________
Becomes void on C's death
Should be performed by A and B along with C's legal representatives.
Should be performed by A and B alone
Should be renewed between A, B and D
4.
5.
On the valid performance of the contractual obligations by the parties, the contract ____________
Is discharged
Become enforceable
Becomes void
Becomes legal
6.
By whom must contracts be performed?
7.
8.
Who is an Agent?
9.
Who is a Legal Representative?
10.
State the ways of Performing a Contract?
11.
Explain the term Devolution of Joint Rights
12.
Who is a Joint Promisors?
13.
Write a note on the benefits of Reciprocal Promise.
14.
Who can execute and perform a contract?
15.
What is a valid tender?
16.
Describe the legal provisions regarding time, place, and manner of performance of a contract?
17.
Explain the types of Reciprocal Promises.
18.
State with illustrations the provisions of Indian contract Act relating to devolution of joint rights and liabilities?
19.
Elucidate the provision regarding time as factor in performance.
1.
(c)
Agent
2.
(d)
3.
(b)
Should be performed by A and B along with C's legal representatives.
4.
(d)
5.
(a)
Is discharged
6.
1. the promisor himself
2. agent
3. representatives
7.
8.
According to Para 2 of Section 40, the promisor may employ a competent person such as agent to perform the promise, if the contract is not formed on personal condition. That person is called an agent.
9.
A legal representative can demand exception performance.
10.
There are mainly two ways of performing a contract such as:
1. Actual performance
2. Attempted performance
11.
According to section 45 of Indian Contract Act Devolution means,"When a person has made a promise to two or more persons jointly, then unless there is a contract to the contrary, the right to claim performance rests as between him and them, with them during their joint lives: and after the death of them with representatives of such deceased person jointly with survivors,and after the death of last survivor, with the representatives of all jointly".
12.
Those persons who have made a joint promise, then unless a contrary intention appears in the contract, all such persons, during their joint lives and after the death of the last survivor, representatives of all, jointly must fulfil the promise are called joint promisors.
Benefits:
1. The promises are mutual. So both the parties are benefited.
2. Reciprocal promises maybe independent (or) dependent (or) concurrent. So flexibility will be there.
13.
Promises which form consideration or part of consideration for each other are called 'reciprocal promise'. For example X promises to sell his house to Y for Rs. 5,00,000. The promises are reciprocal. X is the promisor to give the house and a promisee to receive Rs.5,00,000. Y is the promisee to receive the house and a promisor to pay Rs. 5,00,000.
14.
The promisor himself or his legal representatives or by any other competent person employed by him performs the contract.
15.
A valid tender of performance is considered to be the performance of a promise.
16.
Legal provisions regarding the time, place and manner of performance of a contract:
Various legal provisions are laid down under Section 46 to 50 regarding the time, place and manner of performance of a contract: So,as far as the time, place and manner of performance of a contract are concerned it mustbe agreed upon by the parties to the contract themselves. The legal provisions regarding these are given below :
(i) Under Section 46, performance within a reasonable time:
According to Section 46, a promisor is to perform his promise within a reasonable time. On the other hand, reasonable time will depend upon the circumstance of the case, the usage of trade or on the intention of the parties entering into the contract. For Example, A has given an order of supply of books in July which should be performed within 4 to 5 days of the month of July.
(ii) Under Section 47, specified time and place for performance:
If the promise is to be performed on a certain day, the promisor may undertake to perform it without application of the promisee. According to the Section 47,In such a case the promisor may perform the promise at any time during the usual hours of business on such day and at the place at which the promise ought to be performed.
(iii) Under Section 48, performance on a certain day:
If the promise is to be performed on a certain day the promisor may undertake to perform it after the application by the promisee to that effect.
(iv) Under Section 49, performance of promise when no place is fixed and without application:
If the promise is to be performed without application by the promisee and where no place is mentioned to be performed of the contract then it is the duty of the promisor to apply to the promisee to provide a reasonable place for the performance of the promise and to perform it at such place. For Example, M takes to deliver 1,000 kilos of wheat to N on a fixed day. M must apply to appoint a reasonable place for the purpose of receiving it and must deliver it to him at such place.
(v) Under Section 50, performance is prescribed by the promisee:
According to Section 50, the performance of any promise may be made in any manner or at any time, which the promisee prescribes. Example: T owes Rs.2,00,000/- to accept T's car value of Rs.1,00,0001/- in reduction of the debt. The delivery of the car will amount to a part payment of the debt.
17.
i) Mutual and Independent:
Where each party must perform his promise independently without the performance of the other, the promise are mutual and independent,For example Ramu agrees to pay Somu the amount for the rice supplied on 10th June.Somu promises to deliver rice on 18th June.
ii) Mutual and Dependent:
Where the performance of the promise by one party depends upon prior performance of promise by the other party, the promises are conditional and dependent. For example A agrees to construct a building for B.B agrees to supply cement for the construction.Hence A's promise to perform depends on B's promise.
iii) Mutual and Concurrent:
Where the two promises are said to be performed simultaneously, they are said to be mutual and concurrent.
18.
The rules regarding devolution of joint liabilities and the rights of joint promisors are contained in section 42 to 45 of the Indian Contract Act. These rules are as follows:
(i) Devolution of Joint Liabilities:
(1) Section 42 of the contract Act requires that, when two or more persons have made a joint promise, then, unless a contrary intention, appears by the contract, all such persons jointly must fulfil the promise.
(2) In the event of the death of any of them, his representative jointly with the survivor or survivors and in the case of the death of all promisors, the representatives of all jointly must fulfil the promise.
(3) Example: A, B, C and D jointly promise to pay Rs 5000 to E. E may compel either A or B or C or D to pay him the said amount.
(ii) Devolution of Joint rights (Section 45) :
(1) When a promise has been made by a person to several persons, such persons are called joint promises.
(2) In such cases, unless a contrary intention appears from the contract, the right to claim performance rests with all of the joint promises, the right to claim performance rests with his legal representatives jointly with the surviving joint promises.
(3) After the death of all the joint promises, the right to claim performance rest with their legal representatives jointly.
(4) Example: A and B jointly lent Rs.10,000 to C who promises A and B jointly to repay them A dies.
(5) The right to claim performance rests with A's representative jointly with B during the lifetime of B, and after the death of B with the representatives of A and B.
19.
Under Section 46, performance within a reasonable time:
According to Section 46, a promisor is to perform his promise within a reasonable time.
Under Section 47, specified time and place for performance:
If the promise is to be performed on a certain day, the promisor may undertake to perform it without application of the promisee
Under Section 48, performance on a certain day:
If the promise is to be performed on a certain day the promisor may undertake to perform it after the application by the promisee to that effect.
Under Section 50, performance is prescribed by the promisee:
According to Section 50, the performance of any promise may be made in any manner or at any time, which the promisee prescribes.
11th Standard Syllabus & Materials
11th Standard
TN 11th Tamil பீடு பெற நில் - செய்யுள் - காவடிச்சிந்து Important Questions And Answers Study Material - QB365 Set A
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