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Published on: 29/06/2021
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Questions + Answers key
Take MCQ Commerce Test1.
Describe the legal provisions regarding time, place, and manner of performance of a contract?
2.
Explain the types of Reciprocal Promises.
3.
State the essentials of a valid tender of performance.
4.
State with illustrations the provisions of Indian contract Act relating to devolution of joint rights and liabilities?
5.
State the essential of a valid tender of performance.
1.
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.
2.
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.
3.
A tender, to be valid, must satisfy the following essential requirements.
i) It must be unconditional
ii) It must be for the whole obligation and must not be in instalments, if the contract requires in full.
iii) It must be by a person who is in a position .and willing to perform the promise.
iv) It must be at the proper time and place.
v) It must be in proper form.
vi) It must be made to a proper person i.e to the promisee or his authorized agent.
vii) In case of the tender of goods the promisee must be given a reasonable opportunity to inspect the goods.
viii) It maybe made to one of the several joint promisees.
4.
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.
5.
A tender must have the following essentials to be valid :
(i) It must be unconditional
(ii) It must be for the whole obligation and must not be instalments, if the contract requires in full.
(iii) It must be by a person who is in a position and willing.to perform the promise.
(iv) It must be at the proper time and place.
(v) It must be in proper form.
(vi) It must be made to a proper person i.e: to the promisee or his authorised agent.
(vii) In case of the tender of goods the promise must be given a reasonable opportunity to inspect the goods.
(viii) It may be made to one for the several joint promisees.
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Tamilnadu Stateboard 11th Standard Subjects

Maths

Commerce

Economics

Biology

Business Maths and Statistics

Accountancy

Computer Science

Physics

Chemistry

Maths

Biology

Economics

Physics

Chemistry

History

Business Maths and Statistics

Computer Science

Accountancy

Computer Applications

History

Computer Technology

Commerce

Computer Applications

Computer Technology

Tamil

English

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